hi.. we are registered aunder delhi shop and establishmnet act, and recently we received a notice from labor office regarding no producing of wages/muster/attandance/fine register.. but the scenario is
we are into ites/financilas services we give salarie not wages
delhi is regional office our HO is mum so all data regarding salary being managed from mumbai
employees use to mark their attandance/leave through online portal so we are not having a fully refletable attandance register..
please help how to respond labour office in this regard,
From India, Delhi
77we are into ites/financilas services we give salarie not wages
delhi is regional office our HO is mum so all data regarding salary being managed from mumbai
employees use to mark their attandance/leave through online portal so we are not having a fully refletable attandance register..
please help how to respond labour office in this regard,
From India, Delhi
every thing maintained in online environment.. how come an ites firm can go with traditional salry register.. we have registers for visitors and office boy/guards are from vendor and respective vendor is billing to us for services we just make sure that every one is getting minimum wages
From India, Delhi
From India, Delhi
An establsihment registered under Delhi Shops Act needs to comply with the directions given by the said Act with regard to maintenance of records and registers at it's office. If the maintenance is centralised, you can obtain copies of attendance and wage details relating to your employees and inform the Lab Office that records are centrally maintained at Mumbai. Though it is doubtful as to how far they will consider this practice, but you can at least, show them the evidence that you hav no intention of committing breach of law. Forfuture, discuss with them whether any permission is to be taken from Delhi Lab.Office for maitaining records of your employees at Mumbai .Iam very much doubtful of a favaourbale consideration since every etsablsihment is seperate under the Shops Acts of respective States.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
It is not the case of only IT companies but almost all are maintaining the registers in soft form. But there will be one difference, that is, IT firms will maintain the registers in soft form as a matter of their right but others follow it after taking due approval from the labour department. Certainly, you need not keep the registers in the hard form, but you can have computerised system for all your dealings with the employees provided you take approval from the concerned person of the Labour department after submitting specimen of each registers and returns which you generate through system.
Under the Labour acts, salary has the same meaning as wages and all employees who do not possess any managerial right come under the purview of these Acts. Therefore, just by saying that your company does not pay wages but pays only salaries or you do not employ workers but only employ professionals, the Labour laws will not become applicable to you. You have to establish that all are managers and there is no body to work! At least to the extend of the employees engaged through contractor (for the service of housekeeping etc) you will come under the Labour Acts!!
There is nothing wrong in meeting the Labour Officer and discussing the matter in person. If you discuss the matter can be solved. But you should be realistic and do not show that nothing in the Labour laws is applicable to you just because you employ some professionals only.
Madhu.T.K
From India, Kannur
Under the Labour acts, salary has the same meaning as wages and all employees who do not possess any managerial right come under the purview of these Acts. Therefore, just by saying that your company does not pay wages but pays only salaries or you do not employ workers but only employ professionals, the Labour laws will not become applicable to you. You have to establish that all are managers and there is no body to work! At least to the extend of the employees engaged through contractor (for the service of housekeeping etc) you will come under the Labour Acts!!
There is nothing wrong in meeting the Labour Officer and discussing the matter in person. If you discuss the matter can be solved. But you should be realistic and do not show that nothing in the Labour laws is applicable to you just because you employ some professionals only.
Madhu.T.K
From India, Kannur
i have another query.. we are having security guards and housekeeping staff from vendor, we make sure that they receiving min wages as per law and other benefit like esi, pf, but do we need a certificate to hire contract labor, as we have agreement with these vendor for service and all vendors are registered and having licence for same, for the register issue my Mumbai office will be sending proper reply from our lawyers, as salaries are provided through mum office through bank transfer we are regional office,
From India, Delhi
From India, Delhi
In view of the practice to computerise business and administrative processes in the teachnolgy driven modern business and the same are being recognised as valid within the frame work of the Information Technology Act, the Labour Officers will permit it but you may have to take their permission, provided they are satisfied that it largely complies with the requirement of Delhi Shops Act.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
what rubbish.. case is closed employee said he will go to civil court, but now the officer says me
"w'd come to your office, you are a big company, over commisoner sahab was also come, we'll give you certified copy of proceeding but give us some favor and this favor cost 20k bloody buks"
what to do
From India, Delhi
"w'd come to your office, you are a big company, over commisoner sahab was also come, we'll give you certified copy of proceeding but give us some favor and this favor cost 20k bloody buks"
what to do
From India, Delhi
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