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LABOUR AUDIT –
LEGAL PERSPECTIVE
Deepa Rafeeque
DR2
What is Labour Audit???
 Its an audit conducted on
policies, procedures of the
company,
in respect of labour,
Applicability of relevant laws,
Compliances & non-compliances.
DR
3
Importance of labour Audit
 It helps to detect non – compliances of
labour and employment laws applicable to
a business and take corrective measures
to avoid any unwarranted legal actions.
 It is useful in promoting cordial relations
between employees and employers, and
 It also lead to better governance and
value creation for the business.
DR
4
Process of Labour Audit
 Understand the core business of the
company
Location of registered office;
Location of business place;
Service/Manufacturing industry;
Core business activity;
Ancillary activities.
DR
5
Ascertaining of Manpower
Structure
 The present structure and number of
manpower;
 This includes both – on roll
employees and outsourced
employees;
 Their duties, responsibilities
 Their contribution to the business
DR
6
Identify the Applicable Labour
laws
 Identify the applicable labour law;
 Centre or State laws
DR
7
List out the relevant authorities &
compliances
 List out the relevant Authorities under
various applicable Laws;
 List out the required complains under
laws;
 The frequency of said compliances;
 Who all are responsible officials for
such compliances.
DR
8
Verification of present compliance
level
 What are the required compliances under
applicable laws;
 How the compliances are being done;
 The responsible officials for compliances;
 Till now any notices or action for non-
compliances.
 How to zero down the non-compliances.
DR
9
Imp Compliances
 Contract Labour (Regulation &
Abolition) Act
 To check about prohibition
Registration Of Principal Employer (PE)
License for contractor
Wages to be paid in presence of PE
Payment of PF,ESI to be ensured by PE
Availability of all basic facilities to
workmen
Contract information on notice board
DR
10
Contd…
 Minimum Wages Act
Prescribed minimum wages must be
paid.
If there are two different rates are
prescribed for same category – one by
Central Govt and other by State Govt
The whichever is higher to be paid.
Annual returns
DR
11
Contd…
 Payment of Wages Act
Wage period to be fixed
 Should not be more then a month
No unauthorised deductions to be made
Register to be maintain regarding
deductions & fines
Annual returns
DR
12
ESI & PF
 Deduction of ESI & PF is mandatory
 If contractor fails to do so, PE is
responsible for said payment
 The deduction made towards ESI & PF
are to be deposited with Appropriate
Authorities
 The deposit to be made alongwith
Employer’s share.
DR
13
Benefits to the labour/Employee
 Boost the morale of the workers/employees
to a large extent;
 It increases social security of
workers/employees;
 It helps to instil on workers/employees a
sense of belongingness towards their
employers;
 It ensures timely payment of wages, gratuity,
bonus, overtime, compensation etc of the
workers;
 Timely payment of entitlements certainly
reduces the absenteeism in the
DR
14
Benefits to Employer
 It helps to increase productivity in view of lower
absenteeism in the establishments. Higher the
productivity, higher will be the profits;
 Employer reputation in the Industry/business
world certainly increases;
 It reduces or even eliminate
penalties/damages/fines/ that may be imposed
by the government;
 Co-operation and good understanding improves
labour relations. The Congenial atmosphere is
indispensable for good corporate governance;
 It also helps in preventing strikes, lock outs etc.
DR
15
Benefits to Government
 Reduction in the number of field staff for inspection
of Industries/Factories/Commercial Establishments
as most of their work will be done by an
Independent Professional;
 Compulsory Labour Audit will ensure compliance
of past defaults;
 In case the Government seeks to introduce filing
fees for Compliance Report under Labour
Legislation, the revenue of the Appropriate
Government will rise phenomenally;
 India’s image before the International Labour
Organization will certainly improve as a country
will negligible non-compliance of labour legislation.
DR
16
 Labour Audit is a continuous process.
 Must be taken seriously.
 For the benefit of all stake holders.
 learn Unlearn Relearn
DR
17

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Labour audit

  • 1. LABOUR AUDIT – LEGAL PERSPECTIVE Deepa Rafeeque
  • 2. DR2
  • 3. What is Labour Audit???  Its an audit conducted on policies, procedures of the company, in respect of labour, Applicability of relevant laws, Compliances & non-compliances. DR 3
  • 4. Importance of labour Audit  It helps to detect non – compliances of labour and employment laws applicable to a business and take corrective measures to avoid any unwarranted legal actions.  It is useful in promoting cordial relations between employees and employers, and  It also lead to better governance and value creation for the business. DR 4
  • 5. Process of Labour Audit  Understand the core business of the company Location of registered office; Location of business place; Service/Manufacturing industry; Core business activity; Ancillary activities. DR 5
  • 6. Ascertaining of Manpower Structure  The present structure and number of manpower;  This includes both – on roll employees and outsourced employees;  Their duties, responsibilities  Their contribution to the business DR 6
  • 7. Identify the Applicable Labour laws  Identify the applicable labour law;  Centre or State laws DR 7
  • 8. List out the relevant authorities & compliances  List out the relevant Authorities under various applicable Laws;  List out the required complains under laws;  The frequency of said compliances;  Who all are responsible officials for such compliances. DR 8
  • 9. Verification of present compliance level  What are the required compliances under applicable laws;  How the compliances are being done;  The responsible officials for compliances;  Till now any notices or action for non- compliances.  How to zero down the non-compliances. DR 9
  • 10. Imp Compliances  Contract Labour (Regulation & Abolition) Act  To check about prohibition Registration Of Principal Employer (PE) License for contractor Wages to be paid in presence of PE Payment of PF,ESI to be ensured by PE Availability of all basic facilities to workmen Contract information on notice board DR 10
  • 11. Contd…  Minimum Wages Act Prescribed minimum wages must be paid. If there are two different rates are prescribed for same category – one by Central Govt and other by State Govt The whichever is higher to be paid. Annual returns DR 11
  • 12. Contd…  Payment of Wages Act Wage period to be fixed  Should not be more then a month No unauthorised deductions to be made Register to be maintain regarding deductions & fines Annual returns DR 12
  • 13. ESI & PF  Deduction of ESI & PF is mandatory  If contractor fails to do so, PE is responsible for said payment  The deduction made towards ESI & PF are to be deposited with Appropriate Authorities  The deposit to be made alongwith Employer’s share. DR 13
  • 14. Benefits to the labour/Employee  Boost the morale of the workers/employees to a large extent;  It increases social security of workers/employees;  It helps to instil on workers/employees a sense of belongingness towards their employers;  It ensures timely payment of wages, gratuity, bonus, overtime, compensation etc of the workers;  Timely payment of entitlements certainly reduces the absenteeism in the DR 14
  • 15. Benefits to Employer  It helps to increase productivity in view of lower absenteeism in the establishments. Higher the productivity, higher will be the profits;  Employer reputation in the Industry/business world certainly increases;  It reduces or even eliminate penalties/damages/fines/ that may be imposed by the government;  Co-operation and good understanding improves labour relations. The Congenial atmosphere is indispensable for good corporate governance;  It also helps in preventing strikes, lock outs etc. DR 15
  • 16. Benefits to Government  Reduction in the number of field staff for inspection of Industries/Factories/Commercial Establishments as most of their work will be done by an Independent Professional;  Compulsory Labour Audit will ensure compliance of past defaults;  In case the Government seeks to introduce filing fees for Compliance Report under Labour Legislation, the revenue of the Appropriate Government will rise phenomenally;  India’s image before the International Labour Organization will certainly improve as a country will negligible non-compliance of labour legislation. DR 16
  • 17.  Labour Audit is a continuous process.  Must be taken seriously.  For the benefit of all stake holders.  learn Unlearn Relearn DR 17