COMPLIANCE MANAGEMENT SERVICE

Managing day to day compliance is enforced under various laws and hence mandatory for all eligible and covered employers as defined under pertaining legislation and critically answerable to the Enforcement Authority for a routine adherence. However, complication and multiplicity of Acts and Rules with varied expression of common component has raised the complexity level of compliance where all business houses are badly lagging behind. In the event of managing certain activities through Vendors, the Principal Employer carries double risk of compliance for direct employees under him as well as indirect employees deputed through immediate employer i.e. Vendors. We, as a Service Provider or Consultant, ensure safeguard of interests of the principal employer from both the angle of risks.

Managing day to day compliance is enforced under various laws and hence mandatory for all eligible and covered employers as defined under pertaining legislation and critically answerable to the Enforcement Authority for a routine adherence. However, complication and multiplicity of Acts and Rules with varied expression of common component has raised the complexity level of compliance where all business houses are badly lagging behind. In the event of managing certain activities through Vendors, the Principal Employer carries double risk of compliance for direct employees under him as well as indirect employees deputed through immediate employer i.e. Vendors. We, as a Service Provider or Consultant, ensure safeguard of interests of the principal employer from both the angle of risks.

  • Entire legal support in statutory activities for newly start-up company
  • Spotting of relevant acts and rules compatible to the specific need of the organisation
  • Highlight areas where through logical ways liabilities can be minimized particularly under EPF&MP Act, 1952, Minimum Wages Act, 1948, ESI Act, 1948, Payment of Wages Act, 1936, Equal Remuneration Act, 1976, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, LWF Act & Rules, etc. where statutory contributions or payments are involved
  • Preparation and filing of prescribed Challans and Returns and submission of the same within due date with the designated Treasuries and Authorities
  • Assisting in downloading prescribed format from the official portal of the authorities for online uploading of Challans and returns through authorized access path of the client
  • Guidiing in framing wage and salary structure as per the requirement of definition stipulated under various laws so as to maximize compliance and minimize liabilities towards escaped contribution and omitted wages with corresponding damages and interest in a form of penalties as prescribed under various Acts and Rules framed thereunder
  • Assisting in interpreting provisions under Minimum Wages Act, 1948 in regards to components of minimum wages, effect on it on wage structure and implication of attached liabilities under EPF&MP Act, 1952 towards determination of contribution amount in avoidance of risk and liabilities
  • Drafting of replies to various Inspection Observation Report, Show-cause Notices, Summons from Labour Court, Industrial Tribunal, First Class Magistrate Court, Lok Adalat and High Courts and representation thereof
  • Regular and routing update of all amendments and changes in Labour and Employment Laws with illustrative notes on each such amendments, sharing of Government Orders, Circulars and Gazette Notification copy for all such amendments, Citation, Judgements/Rulings of various High Courts and Supreme Courts of India
  • Drafting of offer letter, appointment letter, transfer order, increment & promotion letter etc.
  • To guide on Apprentices Act, 1961 and Industrial Employment Standing Orders Act, 1946 for identifying “trainee” who are not to be considered as an employee thereby avoiding chances of statutory liabilities
  • Proper advising on disciplinary issues, drafting of warning letter, charge sheets, show-cause letter, drafting of suspension order, drafting of letter for discharge & dismissal from services, retrenchment, lay-offs, etc.
  • Guiding on formation of Committee for handling Sexual Harassment at Workplace under the Apex Court ruling in Vishaka case and legislation of 2013 to this effect

Activities for Principal Employers (Client) on Vendors Compliance :

  • In regards to liabilities of compliance under Vendors deployment, we would ensure all registers & records are being prepared and maintained by the Vendors in prescribed format within the establishment of the employer
  • Assisting in drafting agreement with the Vendors from legal point of view to minimize future risk on statutory front
  • Scrutinizing of existing agreement or purchase order or SOP or Work Order or Indemnity or SLA and highlighting grey areas thereon
  • Monthly checking of Invoices of Vendors, Wage Registers, paid & remitted Challans copy under PF/ESI/PT/LWF and subsequent floating of MIS capturing non-compliances