India: Reformation Of The Labour Laws Compliance Rules

 On February 21, 2017 the Ministry of Labour and Employment notified the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017 (hereinafter known as "Maintenance of Register Rules").These rules have been framed for the expedient compliance of the requirement of the various Labour related laws and for the purpose of maintaining combined registers for all such laws. Earlier the employers were supposed to maintain 56 registers, but now as per the Maintenance of Register Rules the employers have to maintain only 5 registers. Under this easier compliance regime, new registers have only 144 data fields as against 933 data fields earlier.1 The Maintenance of Register Rules covers compliances in relation to the following labour laws:

1. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996;

2. Contract Labour (Regulation and Abolition) Act, 1970;

3. Equal Remuneration Act, 1976;

4. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;

5. Mines Act, 1952;

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

8. Sales Promotion Employees (Conditions of Service) Act, 1976; and

9. Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.

Consolidated Register

Under the Maintenance of Register Rules the employers have to maintain consolidated register under the 9 aforesaid labour law acts. These register can be maintained either electronically or in hard copy. The Maintenance of Register Rules will facilitate ease of compliance, maintenance and inspection, and will make the information provided there under easily accessible to the public through electronic means thereby increasing transparency.

The following registers are now to be maintained by the Employers under the 9 aforesaid labour law acts vis-à-vis 56 registers-

1. Employer Register (FORM A)

2. Wage Register (FORM B)

3. Register of Loans and Recoveries (FORM C)

4. Attendance Register (FORM D)

5. Register of rest/leave/leave wages under the Mines Act, 1952, the Sales Promotion Employees (Conditions of Service) Act, 1976 and the Working Journalists(Conditions of Service) and Miscellaneous Provisions Act, 1957 (FORM E)

The formats of the aforesaid 5 forms can be accessed here.

New compliances for Companies

1 Under Minimum Wages Act, 1948 and Minimum Wages (Central) Rules, 1950

Rules

Description

Compliance

Rule 21 sub

rule 4

Time and conditions of payment of wages and the deductions permissible from wages

All such fines imposed and deductions made shall be recorded in the register maintained in the Register of Loan and Recoveries( Form C).

Nil entry has to be made if no fine or deduction has been imposed.

Rule 25 sub

rule 2

Extra wages for overtime

Every employer has to maintain a  register of overtime in the Wage Register (FORM B) in which entries under the column specified therein shall be made  as and when overtime is worked in any establishment.

Rule 26 sub

rule 1

Form of registers and records

Every employer shall maintain a register of wages at the work-spot in the Wage Register(FORM B)

Rule 26 sub

rule 5

Form of registers and records

Every employer shall maintain a muster roll at the work-spot and kept in Attendance Register(FORM D) within 3 hours of the commencement of the work shift or relay for the day as the case maybe.

2. Under Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971

Rules

Description

Compliance

Rule 75

Register of persons employed

Every registered establishment shall maintain a register of contract labour in the Employer Register(FORM A)

Rule 78

Muster Roll, Wages Registers, Deduction Register and Overtime

Every Contractor shall maintain a Muster Roll and a Register of Wages in Attendance Register (FORM D) and Wage Register (FORM B)

3. Under Equal Remuneration Act, 1976 and Equal Remuneration Rules, 1976

Rules

Description

Compliance

Rule 6

Registers to be maintained by the employer

Every employer shall maintain a register in relation to the workers employed by him in Wage Register (FORM B)

Conclusion

The Maintenance of Register Rules have reduced the number of registers the employers were required to maintain earlier. The initiative taken by the Ministry of Labour and Employment will help in ease of compliance, maintenance and inspection. The Maintenance of Register Rules will significantly reduce the cost for employers. Electronic maintenance of registers will improve efficiency and will help in easing business activities as maintaining registers in electronic form will make compliance more feasible for both employers and the concerned authorities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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