Following points should be checked by the Contractors/ Employer for the complaince of various Acts by the Contractor:
Under the Contract Labour (Regulation & Abolition) Act, 1970
Obtain a License under the Act (apply in Form IV alongwith certificate in Form V) + Requisite fee and Security deposit. A license to be obtained by the Contractor for each and every establishment and also for the branch offices of the same establishment, in case if the branch offices are in more than one address.
The following registers/returns to be maintained and submitted for verification:
1. Muster Roll in Form XVI (Attendance Register)
2. Register of Wages in Form XVII
3. Register of deductions for damages or loss in Form XX
4. Register of Fines in Form XXI
5. Register of Advances in Form XXII
6. Register of Overtime in Form XXIII
7. Wage slips in Form XIX
8. Register of persons employed in Form XIII (also separate if working on sites also)
9. Issue of employment card in Form XIV
10. Sent a notice of commencement / completion of contract work in Form VIA
11. Half yearly return in Form XXIV is being sent
12. Leave card (Form H)has been issued to the employees
13. Leave with wages register in Form F
Under Payment of Bonus Act – Produce the following for verification:
1. Bonus has to be paid to all employees whoever has completed atleast 30 days of service with the contractor during a financial year.
2. Bonus has to be paid to all those deployed in the Company in the presence of the representative of the Company
3. Bonus registers in Form A & B has to be maintained
4. Register in Form C
5. Annual Return in Form D has to be sent with in a month of payment of Bonus
Under The ESI Act, 1948 – Produce the following for verification:
1. All coverable employees are to be covered
2. ESI cards
3. ESI challans to be realized before 21st of every month
4. Form 6 - Half yearly returns (Before 12th May and 11th Nov. of each year)
5. Form 7 – Register of employees
6. Form 11 (Accident Book) and Report of Accident (in case of occurrence)
Under The EPF and MP Act, 1952 – Produce the following for verification:
1. PF no. to be allotted to all those deployed in the Company
2. PF challans to be realized before 25th of every month.
3. Monthly Returns in Forms 5,10 and 12A are to be filed before 25th of every month
4. Annual return to be filed before 30th April every year - Consolidated annual contribution statement in Form 6A
5. Member's annual Contribution card in Form 3A
6. PF Slips in Form 23 to be issued to all employees.
7. PF contribution (both share) to be deposited on minimum wages if wages paid to the employee is Minimum wage
1. Labour Welfare Fund has to be paid in respect of those deployed in the Company.
2. Minimum Wages to be paid to all the employees
3. Leave with wages to be extended to all the employees (annual leave and Casual Leave)
4. National and Festival Holidays to be given (Five each)
5. In case required to work on National / Festival Holiday – Compensatory leave / wages as per law must be payable
6. Leave with wages, N/F Holidays, Compensatory Leave, overtime etc. to be mentioned in the Muster Roll.
7. Overtime register is to be maintained and must be paid as per law prescribed.
8. ESI to be deducted and contributed on overtime also.
9. Wage slip to be issued at least 24 hours before disbursement of wages.
10. Salary/ overtime/bonus etc. (all payments) should be made before representative of employer.
To be submitted every month alongwith invoices every month to HR Department:
1. Attested Copies Attendance register/sheets of current month
2. Attested Copy of Salary Register of previous month
3. attested copy of ESI and PF challans of previous months
4. Attested Copy of Half yearly returns under ESI Act alongwith June and December invoices
5. Attested Copy of Half yearly returns under CLRA Act alongwith Feb. and August invoices
6. Attested Copy of Annual return under EPF and MP Act alongwith May invoice.
7. Attested Copy of / Proof of sending Labour Welfare Fund return – Copy of Form___
8. Attested Copy of Annual return under Bonus Act in the month of November
Please Note that:
1. Wages / Salary break up must be furnished as per excel sheet format.
2. ESI must be paid on the monthly gross salary including overtime, if any.
3. Every employee must be issued with their PF number and a copy of acknowledged copy received by the PF department for having submitted the nomination form.
4. The contractor must produce Half Yearly / Annual returns under various Acts highlighting the names of the employees deployed in the Company.
5. PF slips must be issued to the employees concerned immediately 3 months after the submission of Annual PF Return and the copies of the same may be submitted to the Company also.
6. Before termination of contract with any employee deployed in the Company the contractor must issue him copy of the Form 3A for that particular year and also duly forward / certify the withdrawal form if the employee required to do so.
7. In case a employee deployed at the Company is getting the wages above the wage ceiling prescribed under ESI then the contractor must take WC policy / Accident policy along with mediclaim policy for such employee.
8. In case a employee deployed at the Company is getting the wages above the wage ceiling prescribed under the PF Act then the contractor must obtain a letter from such employee to the effect that he voluntarily does not want to be covered under the said Act.
9. The amount deducted for statutory contributions and mentioned in the salary register/sheet must be tallied with the Returns submitted by the Contractor.
10. PF share of employees to be deducted also on leave encashment, if any.
11. Professional tax and TDS, if applicable, must be deducted and deposited with a compliance report to us.
Thanks & Regards,