In India, maintaining registers under labour laws is a statutory requirement imposed on employers to keep various records and documents related to their employees and employment practices. The objective is to ensure compliance with labour laws and provide transparency in the employment relationship. Different labour laws in India have specific provisions outlining the records that employers must maintain.
The combined registers specified in the Schedule to ease compliance rules shall be maintained electronically or otherwise. Suppose the combined register is required for inspection by the concerned Inspector appointed under any of the enactments. In that case, the concerned persons shall make available the combined registers or provide the necessary particulars for the purposes of accessing the information. Where any register is maintained in electronic form, layout and presentation of the register may be adjusted without changing the integrity, the serial number and contents of the columns of the register, but not otherwise.
Which Labour Laws obligate the Employer to maintain Registers?
The following are the labour law registers maintainby the Employer:
Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Building Construction Actmaintains the employment conditions ofall or any construction worker if the establishment employs more than 10 workers in a particular organisation. Registers must be maintained as per rule 240 and 241 of the Building Construction Rules.
Contract Labour (Regulation and Abolition) Act, 1970
The Contract Labour Act monitors employment of contract labour in establishments engaging at least 20 contract labourers and provides for abolition of contract labour in certain circumstances. Principal employers must maintain a register of Contractors containing details of contractors engaged, the number of contract labourers, and the period of their employment
Equal Remuneration Act, 1976
The Equal Remuneration Act provides equal remuneration to both men and women workers and prevents discrimination on the grounds of sex.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Those Establishments having more than 5 inter-state migrant workers are covered under the Inter State Migrant Workmen Act. The Inter State Migrant Workmen Act regulates service conditions of the inter-state labourers.
Mines Act, 1952
The Mines Act applies for the welfare and safety requirements of the labourers working in mines.
Minimum Wages Act, 1948
Minimum Wages Act applies to all factories, commercial establishments and other employment mentioned in the act and regulates the minimum wages payable to all the employees by the employer. Employers must maintain a wage register containing details of employees, the rates of wages paid to them and records of receipts given to employees.
Payment of Wages Act, 1936
Payment of Wages Act lays procedure and provides timelines, mechanism for paying wages to employees and permissible deductions.Employers must maintain a wage register showing the wages paid to employees, deductions made, and details of fines, if any.
Sales Promotion Employees (Conditions of Service) Act, 1976
Sales Promotion Employees Act regulates the conditions of service of sales promotion employees in particular establishments.
Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
The Working Journalist Act monitors conditions of working journalists and other persons employed in the newspaper establishments.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952
Employers must maintain an Employee Provident Fund (EPF) register containing details of contributions made by employees and employers towards the EPF, along with other related information.
The Employees' State Insurance Act, 1948
Employers must maintain an ESIC register showing employees' attendance and wages, along with other necessary details for ESIC compliance.
The Factories Act, 1948
Employers must maintain a register of adult workers showing their names, addresses, and nature of work. If any child workers are employed, employers must maintain a separate register of child workers with details of their names, ages, and hours of work.
The Maternity Benefit Act, 1961
Employers must maintain a maternity benefit register containing details of women employees entitled to maternity benefits, the date of expected delivery, and the dates and amounts of maternity benefit paid.
The Industrial Employment (Standing Orders) Act, 1946
Employers must maintain a register of Workmen showing the names of workmen employed, the nature of work assigned, and other related details.
Which important registers are maintained under Labour Law?
The important registers are maintained under labour law are as follows:
1. Employee Register
Details of the Organization
- Name of the Establishment – To determine if the establishment is registered under the applicable legislation, the name of the establishment is required.
- Name of the Owner: As its name suggests, this column contains the business’s owner’s name.
- Employers are given a unique identification number called a “Labour Identification Number” (LIN) to help with business regulations and to make labour inspections by various organisations and entities under the administrative supervision of the Labour Ministry more transparent and accountable.
2. Wage Register
Information regarding establishment
- Based on the employee category, such as skilled, highly skilled, semi-skilled, and unskilled, this section includes columns such as Basic Pay, daily allowance, and overtime.
- Further, depending on whether the salary is computed on a daily, fortnightly, monthly, weekly, or piece rate basis, the wage period gives information on the date from which the wage is calculated.
3. Register of Loans and Recoveries
- Recovery types, such as damage, loss, fines, advances, and loans
- Details of the Loan
- Further, the loan/damage date
- Amount
- Specifics of any issued notice
- The first month, last month/last year recovery
- Date of complete Recovery
4. Attendance register
- Firstly, scheduled task or relay
- Workplace
- The date and time of in and out
- Number of Days Summary
- Finally, it must be authorised by the Register’s Recordkeeper
5. Register of Rest/Leave/Leave Wages
- Specifications of the Establishment as required
- Days Worked
- However, opening balance, added, prohibited, taken advantage of, and closing balance is all included in compensatory rest.
- Information on earned leaves
- Except for the rest, not the permit column, it contains all of the information mentioned before.
- Medical Leave Information on Additional Leaves
- Lastly, the initial balance for the year’s leave must be shown in the register for January of the relevant year, and the year’s ending balance must be shown in the register for December.
How Startupfino labour law register outsourcing services are helpful?
Outsourcing labour law register services can be beneficial for several reasons, depending on the specific needs and circumstances of a business. Here are some common reasons why organisations may choose to outsource their labour law register services:
Expertise and Compliance:
Labour laws and regulations are complex and can vary significantly between different jurisdictions. Outsourcing to specialised service providers ensures that experts with in-depth knowledge of labour laws handle compliance requirements. This helps businesses stay updated and compliant with changing regulations.
Focus on Core Activities:
Managing labour law registers and compliance can be time-consuming. Outsourcing these services allows businesses to focus on their core activities and strategic objectives. This can lead to increased productivity and efficiency.
Cost Efficiency:
Outsourcing labour law register services can be cost-effective compared to hiring and training in-house staff to manage compliance. It eliminates the need for investment in specialised software, training programs, and ongoing maintenance costs.
Scalability:
Outsourcing services provide scalability, allowing businesses to adapt easily to changes in the size and structure of their workforce. Whether expanding or downsizing, outsourcing providers can adjust their services accordingly.
Access to Technology:
Labour law register outsourcing services often come with advanced software and technology solutions that streamline the compliance process. This can include automated tracking systems, document management, and reporting tools.
Global Operations:
For multinational companies operating in different countries, outsourcing labour law register services can help ensure compliance with diverse and often complex labour laws in each jurisdiction.
Confidentiality and Security:
Outsourcing providers typically have measures in place to ensure the confidentiality and security of sensitive employee information. This can be especially important when dealing with legal and compliance-related documentation.
Efficiency and Accuracy:
Professional outsourcing services are equipped with the knowledge and tools to efficiently manage labour law registers, reducing the likelihood of errors and oversights in compliance activities.
Updates and Changes:
Labour laws are subject to frequent updates and changes. Outsourcing providers are responsible for staying informed about these changes and ensuring that their clients' labour law registers are promptly updated.
Startupfino Assistance
Maintenance of labour law registers is a statutory responsibility of the employer, which should be adhered to by entities according to the changing dynamics and requirements of the industry. The Government has introduced changes in these requirements by minimising the registers to 5 from the previous 56. These minimised compliance requirements are expected to work in the direction of streamlining information and reducing the duplicity of records. Startupfino team of professionals is very well versed in maintaining the labour law registers as per the statutory compliances, for more assistance contact Startupfino.