The Government of India has been attempting to simplify matters regarding the maintenance of registers for the compliance with various labour laws. These registers are in order to facilitate inspection regarding compliance to labour regulations. As per earlier regulations, an employer was required to maintain up to 56 registers, under the provisions of 9 central Laws.
In order to simplify this process, in 2017, the Central Government notified the Ease of Compliance to Maintain Registers under Various Labour Law Rules, 2017. As per the new regulations, only five registers need to be now maintained by the employers.
As per the provisions of the new Act, it is now possible to keep the registers in an electronic format. In case the registers were earlier being maintained in an electronic format, then the overall content, as well as the serialization of the original registers should be preserved. The Act also specifies that it is the responsibility of the employer, or his/her representative to furnish the inspector so appointed with all the details. They should be handed over the combined registers, or provided with the concerned details in them, when instructed by the inspector.
It is also reported that the Labour Ministry has been developing a utility software that would combine all the features of the five registers. Once the registry software has been completed, it is supposed to be uploaded on the Shram Suvidha Portal of the Ministry.
Laws under which Maintenance of registers is obligatory
The registers are required to be maintained by the employers under the following enactments or rules:
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service Act, 1996
- Contract Labour (Regulation and Abolition) Act, 1970
- Equal Remuneration Act, 1976
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service Act), 1979
- Mines Act, 1952
- Minimum Wages Act, 1948
- Payment of Wages Act, 1936
- Sales Promotion Employees (Conditions of Service) Act, 1976
- Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
The 2017 Act, after listing the 9 previously passed Acts under which the maintenance of registers is applicable, goes on to make certain amendments. These amendments are of the significance that they specifically replace the previous format of registers with the latest ones. It categorically states that the concerned previous register format may be substituted by one of ‘Form A’ to ‘Form E’.
Basic format of the Registers
Following is a list of the details of the five registers that need to be maintained under the new 2017 Act.
Form A - Employee Register
Part A
Name of the Establishment: This is in order to determine if the organization so concerned is duly registered under the applicable legislation.
Name of Owner.
Labour Identification Number: Employers are identified with a unique Labour Identification Number. This number is used in the case of inspections or other official visits by representatives of the Labour Ministry.
Information of Employees:
Employee Code / Name / Surname / Gender / Father’s or Spouse’s Name / Date of Birth / Nationality / Education Level / Date of joining
Designation / Category Address / Type of Employment / Mobile / UAN / PAN / ESIC IP / LWF / AADHAAR / Bank A/c number / Bank
Branch (IFSC) / Present Address / Permanent Address / Service book Number / Date of Exit / Reason of Exit / Mark of Identification / Photo / Signature or Thumb Impression / Remarks
In case the age of the employee is between 14 to 18 years, the nature of work that they are occupied in, the daily hours of work, as well as the intervals of rest allowed all need to be mentioned.
Part B
(In case the employee has been registered under the Mines Act)
Name / Token Number Issued / Date of First Appointment with Present Owner / Certificate of Age or Fitness taken ( in case of age between 14 to 18 years) / Place of Employment (Underground or Open Cast or Surface)
Certificate of Vocational Training: Number and Date
Nominee: Name and Address
Adult person to be contacted in the case of Emergency: Name and Relationship / Address / Mobile
Form B - Wage Register
Rate of minimum wages - Minimum Basic / DA / Overtime, according to whether Highly Skilled / Skilled / Semi Skilled / Unskilled
Basic / Special Basic / DA / Payments Overtime / HRA / PF / ESIC / Society / Income Tax / Insurance / Recoveries
Net Payment / Employer Share PF Welfare found
Receipt by Employee / Bank Transaction ID / Date of Payment
Form C - Register of Loan / Recoveries
Name / Recovery Type ( Damage / loss / fine / advance / loans ) / Particulars / Date of damage / Amount
Whether show cause issued / Explanation heard in presence of / Number of instalments / First Month or Year / Last Month or Year / Date of Complete Recovery
Form D - Attendance Register
Name / Date with In and Out Timings / Summary number of days / Remarks Number of Hours
Relay and Place of Work (in case of mines only - Underground / Opencast / Surface)
Form E - Register of Rest / Leave / Leave Wages
Name / Number of Days worked in the Year
Details of Compensatory Rest: Opening Balance / Added / Rest not Allowed / Rest Availed / Closing Balance
Details of Earned Leave: Opening Balance / Added / Leave Availed / Closing Balance
Details of Medical Leave: Opening Balance / Added / Leave Availed / Closing Balance
Details of Other Leave: Opening Balance / Added / Leave Availed / Closing Balance
Conclusion
The main objective behind issuing the Ease of Compliance Rules, 2017, is to enable greater amount of foreign investment. As can be seen above, the number of registers that are now required to be maintained has been drastically reduced. Consequently, the hope is that compliance will now be an easier affair on the part of companies.
Although, one consideration that needs to be kept in mind is that these amendments will impact only those rules that have been passed under the Central Laws. It is not naturally applicable to the specific rules that have been enacted under the State’s jurisdiction. This is again an outcome of the fact that labour falls under the legislative purview of both the Centre, as well as the State.
Of course, the sharp reduction in the number of registers does help in making the registration process easier for companies. Although, the policy will truly become effective upon a collaborative effort from the States as well.
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