JOB RESPONSIBILITY & COMPLIANCE PRACTICES AT SITE

A L O K Y A D A V

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OBJECTIVE

To be bring clarity on the role of site IR/Time keeper

To have better understanding of the statutory norms followed at site.

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CASE STUDY

An Accident occurred at xyz site and the person died while he was taken to the hospital. The company paid Rs. 3 lakhs to his legal heir with full & final agreement. However after an year the legal heir of the deceased filed a case against the company under WC act. Wherein company had to pay the compensation again

What went wrong as per the case and how it could have been avoided ?

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What is the role of a site IR/HR/Time

keeper ?

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STATUTORY COMPLIANCES

CONTRACT LABOUR ACT 1970

BOCW ACT 1996

MINIMUM WAGES ACT 1948

EQUAL REMUNERATIONS ACT 1976

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COMPLIANCES UNDER CONTRACT LABOUR ACT 1970

S. No.

Particulars Schedule of submission / maintenance

1Application For Registration of Establishments employing contract labour – Form 1

As & when required

2 Certificate Of Registration – Form 2To be granted by the registering officer to the Principal Employer

3 Application For License- Form 4

To be submitted by the contractor for grant of a license to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located

4Form Of Certificate By Principal Employer – Form 5

As & when required

5Application for the adjustment of security deposit - Form V-A

Application to be made by the Contractor to the licensing Officer

6Form of license granted by the Office Of the licensing officer - Form VI

To be granted by the licensing officer to the Contractor

7Notice of Commencement/ Completion Of Contract Work by the licensee - Form VI-A

Within 15 days of commencement & completion of contract work….

8Notice Of Commencement/ Completion of contract work by the employer for each contractor - Form VI-B

Within 15 days of commencement & completion of contract work under each contractor

9 Application for renewal of licenses - Form VIITo be applied to the licensing officer by the contractor within 30 days before the date on which license expires

10 Register Of Contractors - Form XII To be maintained By the Principal Employer

11 Workman Register - Form -XIII To be maintained on monthly basis

12 Employment Card - Form-XIV At the time of joining

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COMPLIANCES UNDER CONTRACT LABOUR ACT 1970

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S. No.

Particulars Schedule of submission / maintenance

13 Service Certificate - Form-XV to be maintained at site when worker leaves

14 Muster Roll - Form-XVI To be maintained on monthly basis

15 Register of Wages - Form-XVII To be maintained on monthly basis

16 Wage Slips - Form-XIX To be maintained on monthly basis

17 Register for Deduction - Form-XX To be maintained on monthly basis

18 Register of Fine - Form-XXI To be maintained on monthly basis

19 Register of Advance - Form-XXII To be maintained on monthly basis

20 Register of Overtime - Form-XXIII To be maintained on monthly basis

21 Half Yearly Return (upto June) - Form-XXIV To be submitted to Labour Dept. by 30th July

22 Half Yearly Return (upto December) - Form-XXIV To be submitted to Labour Dept. by 30th Jan.

23 Abstract of Contract Labour Act. to be displayed at site on Notice Board

24 Notice Board to be displayed at site

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MINIMUM WAGES ACT 1948

S. No. Particulars Schedule of submission /

maintenance

1 Annual Return Form - 3 Annually… by 31st Jan

2Notice Board - Name and address of the Inspector, Weekly Holiday, Working hours, Time of payment of Wages

To be displayed

3 Abstract of the Act To be displayed

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BOCW ACT 1996

Applies to every establishment which employs or had employed ten or more workers directly or through a Contractor / Subcontractor.

Not applicable to building or construction work to which Factories Act, 1948 or Mines Act, 1952 applies

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S. No. Particulars Schedule of submission /

maintenance

1 Valid BOCW RegistrationWithin 60 days from the commencement of the project

2 Registration of WorkersWorker has an exposure of more than 90 days… age limit 18-60 years

3 Maintenance of BOCW Beneficiary Register Daily basis

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DOCUMENTS REQUIRED FOR OBTAINING LABOUR LICENSE

For obtaining new Labour LicenseForm –IV (Triplicate)

Form-V

Work Order Copy (LOI)

Security Fee vide Treasury Challan(State Government) & Demand draft( central Government)

License fee vide Treasury Challan(State Government) & Demand draft( central Government)

Registration certificate Copy ( Principal Employer registration in contract Labour Act,1970)

Memorandum and Articles

List of Director

Pan Card copy

Renewal Labour LicenseForm- VII (triplicate)

Original Copy of Labour License

License fee vide Treasury Challan(State Government) & Demand draft( central Government)

Renewed Registration certificate copy (Haryana) 10

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DOCUMENTS REQUIRED FOR OBTAINING BOCW REGISTRATION

Form-I (Triplicate)

Registration fee

PF Challan

Work Order LOI

List of Director

MOA

Pan Card Copy

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ANY DOUBTS…???

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THANK Y

OU

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TAKE AWAYS

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COMPLIANCES UNDER THE EMPLOYEE P.F. & MISC. PROVISIONS ACT. 1952 EPF is applicable when the establishment has 20 or more

employees.

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S. No. Particulars Description of the Form

Schedule of submission / maintenance

1 Form 9/Form 3(PS)/ Form 1(IF)Consolidated return of employees entitled to become members of the funds on the date of application of the scheme

within 15 days of the commencement of the scheme

2 Form 5 / Form 4(PS)/Form 2 (IF)Return of employees qualifying for membership under PF, Pension & Insurance Fund for the first time during the month

within 15 days of the close of month

3 Form 5-A Return of ownership in duplicate Immediately on coverage & within 15 days of making any change in the establishment

4 Form 2Declaration & Form of nomination for EPF / Pension/ IF to be filled in by the eligible employee

As & when a new entrant joins the scheme

5 Form 11Details of past employment / membership of employee

As and when required

6 Form 10 / Form 5(PS)Return of employees leaving the service of the employer during the month

within 15 days of the close of month

7 Challan ( there is one consolidated challan of accounts 1,2,10,21 & 22 )

Remittance of PF contribution, Pension fund, Administration & Inspection Charges, EDLI & its admin. Charges

within 15 days of the close of month

8 Form 12-A/ Form 6 (PS)/ Form 4 (IF)

Consolidated Statement Of Dues and Remittance within 20 days of the close of the month

Continued…

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S. No.

Particulars Description of the Form

Schedule of submission / maintenance

9 Form 3A/ Form 7 (PS)

Members' Annual Contribution CardsBy 30th April every year for the year ending 31st March

10 Form 6-A/ Form 8 (PS)

Consolidated Annual Contribution statementBy 30th April every year for the year ending 31st March

11 Form 13Form concerning transfer of previous accumulation dues from existing PF

As and when required

12 Form- 31 Claim form to be used by  member to withdrwal Advance PFMinimum 5 year should be complete to take such type of benefits

13 Form- 19Claim form to be used by a major member of the EPF scheme

As and when required

14 Form- 10 CForm to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate

As and when required

15 Form- 20Claim form to be used by a nominee/ or a legal heir in case of death of a member of the EPF scheme

As and when required

16 Form- 10 D

Form to be used for claiming superannuation pension, Retirement pension, Short Service Pension, Disablement pension, Widow Pension, Children Pension, Orphan Pension

As and when required

17 Eligibility Register

18 PF Inspection Book

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Compliances under The Employee P.F. & Misc. Provisions Act. 1952

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COMPLIANCE UNDER EMPLOYEES STATE INSURANCE ACT. 1948

S. No. Particulars Schedule of submission /

maintenance

1 FORM-1 Declaration Form As &when Required….With in 10 days from the date of appointment

2 FORM-3 Return of Declaration Form As &when Required…With in 10 days from the date of appointment

3 FORM-5 Return of Contributions Half Yearly…30th Apr. & 31st oct.

4 Remittance of Contributions Monthly…Before 21st

5 FORM-12 Accident Report As & when required…With in 24Hrs.

6 Insurance Nos. to be obtained from online ESIC site

As & when required

7 Preparation of statement Monthly…By 8th

8 Preparation of challans & submission to Bank with Cheque

Monthly…By 21st

9 Posting in FORM-7 Register and reconciliation thereof

Monthly…By 15th

10 Reconciliation for half yearly Half Yearly…15th Apr.,15th Oct.

11 Form – 11 Accident book As & when required

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