Compliance with Labour and Industrial Laws has gathered enormous momentum in the last few years. Especially compliance with respect to employees employed through Contractors and off-roll employees is getting more challenging because the Law recognizes principal employer as the one who is responsible in case the contractor fails to comply. This area has assumed significant importance from a risk management perspective considering the legal implications and reputational risks attached with non-compliance. Moreover, ‘Labour Laws’ is  very specialized area, requiring additional managerial attention over and above the routine internal audit function.

HOW WE CAN HELP

• We at DCSPL assure  proper and end-to-end compliances with various Labour Laws viz.  ESI, EPF, Labour Welfare Fund (LWF), Profession Tax (PT), Gratuity, Bonus, Apprentice, Employment Exchange, Shops & Establishments, Factories, Inter-State Migrant Workmen, Min. Wages, Sales Promotion, Sexual Harassment of Women at Workplace (POSH), Motor Transport Workers, Standing Orders, Industrial Disputes and importantly Contract Labour Act Compliance.
• In-depth checking of bills submitted by Contractor Agencies with respect to employees employed through contractors / off-roll employees to evaluate adherence with terms of contract, submission of necessary evidence as proof of payment, billing as per agreed rates to ensure there is no under / over recovery.
• Verification of payroll sheets submitted by the Contractors/Vendors to ensure correct calculation of salary payable and statutory deductions in line with applicable Central and State Laws.
• Verification of Challans/PCR (Payment Confirmation Receipts / Returns / Records / Licenses to ensure proper compliance
• Due diligence review for the appointment of Contractor Agency to ensure that the Agency meets the desired compliance requirements.
• Labour Law Registrations
• PF, ESI, LWF Registration, Contract Labour License & Registration, PT Registration & Enrolment, Shops & Establishments & Factories Registration/Licenses.
• Preparation of Employee Hand Book / HR Policy / POSH Policy in compliance with respective state labour laws
• Drafting/vetting of Employment Agreement, Non Disclosure Agreement (NDA), Employment Bond with liquidated Damages for Trainees and Junior Employees.
• Drafting/Vetting of Offer Letter to the prospective employee.
• Drafting of Appointment Letter (Trainees/Probation/Confirmation/Temp/Fixed Term Employment), Relieving Letter.
• Drafting of Warning Letters / Show Cause Notices / Termination Letter / Discharge Letter
• Domestic Inquiries / POSH Inquires.
• Written Opinions & Clarifications on the questions raised by the Clients.