Scope and Deliverables

Karma Management Consultants offers as labour laws consultant these services ensuring the following deliverables:

  • Labour Laws consultant facilitates Familiarising and educating the vendors with compliance requirements
  • Labour Laws consultant facilitates Auditing each vendor at each site every month
  • Labour Laws consultant facilitates Assisting the vendor to achieve high degrees of compliance
  • Labour Laws consultant facilitates Reporting compliance status to the client every month
  • Labour Laws consultant facilitates Reporting non-compliance with action plans to prevent recurrence
  • Labour Laws consultant facilitates Escalating repeated non-compliance to the defined authority with recommendations for action
  • Labour Laws consultant Assist clients in meeting it's responsibilities as a principal Contractor under the Contract Labour Act and ensuring the due diligence with it clients who are Principal Employer. Also Ensuring the compliance is checked as per Annexure A.
  • Labour Laws consultant facilitates Representing the client at labour inspections with respect to vendor compliance.
  • Labour Laws consultant facilitates Representing the client at his audit with respect to vendor compliance
  • Labour Laws consultant facilitates Registration and licenses of sites under the Contract Labour Act and renewal of the licenses
  • Labour Laws consultant facilitates Obtaining labour licenses under the Contract Labour Act is the responsibility of the sub-vendor, wherever applicable.
  • Labour Laws consultant facilitates Reporting the compliance on the web-based application known as Vendor Compliance Tracker.
  • Labour Laws consultant facilitates Ensuring the entire due-diligence with confidentiality
Exclusions
  • Any time and effort required to ensure compliance with matters retrospective to the date of the contract will be assessed and priced separately on a case-by-case basis. Especially with respect to client's compliance as a vendor.
  • Incidental expenses occurred when handling labour inspections and application/ renewal for licenses.
  • Incidental expenses occurred when handling labour inspections for the client as an entity for its compliance at the Client's site.
  • Any travel expenses to be incurred for ensuring compliance of the client as an entity at his client's site. Any travel expenses out-of-scope of work, which needs to be mutually discussed and approved.
  • Any other scope of work not defined as above
Process
  • Vendor's would be audited for items of compliance under the following heads:

    Payment of minimum wages and overtime as per law and as per contract
    Service conditions as per prevailing law and contract (leave, weekly off, maximum overtime)
    Valid Registrations under Shops and Establishments Act/PF Act/ESI Act/Professional Tax.
    Registers under the Contract Labour Act – maintenance of registers and accuracy of the data.
    Timely and accurate Payment of contributions and submission of forms and returns under the PF Act, ESI Act and Labour Welfare Fund Acts for all employees working on the site in that month
    Issue of employment cards, service certificates and wage slips to employees
    Submissions of statutory returns under PF, ESI, Contract Labour Act, Bonus Act
    Other compliance items as envisaged in the Annexure attached with
  • Our representative will visit each site at least once a month and as often as is necessary in order to achieve the above deliverables.
  • Audits will be scheduled at least 7 working days in advance and carried out at the client's sites. Vendor’s representatives will be expected to arrive in the sites at the appointed date and time with all relevant documents. If the vendor’s cannot manage the time and date and venue for the audit compliance, their document in an up-to-date condition should be made available by the FM for audit review.
  • Subsequent visits will be carried out if necessary to give the vendors opportunity to fix non-compliant items. If vendor is not with requisite records and not genuine reason for non-attendance of audits, he would be marked non-compliant accordingly
  • Audit's will be conducted for a month in the 3rd and 4th week of the following month depending on the date of payment of wages to the workmen and the reports for the month will be submitted by the 5th of the following month.
  • Karma Management Consultants asserts that it will take every measure possible within its means to force vendor compliance before commencing escalation processes

A N N E X U R E

  1. Copy of Contract Labour Licence [OR] Application along with security deposit details in Form IV
  2. Copy of commencement & completion of contract in Form VI-A
  3. Service Certificate
  4. Copy of Employment cards
  5. Register of Workmen
  6. Muster Roll
  7. Register of Wages
  8. Register of Deductions
  9. Register of Fines
  10. Register of Advances
  11. Register of Overtime
  12. Wage slips
  13. Weekly Off observed for every SIX days of working
  14. Overtime not to exceed as mentioned in the Act
  15. Overtime paid double the rate of gross wages
  16. Employees working on site are lesser or equal to the no. mentioned in License
  17. Contract Labour Half Yearly Returns
  18. Proof of having ESI registration
  19. Copy of ESI cards for employees [OR] Copy of Form 3 with Return of Declaration
  20. ESI challan for the previous month [OR] Token of payment made to SBI of current month
  21. ESI challan paid on or before 21st of every month
  22. ESI half yearly returns – Form 5
  23. Reg 32 register – Form 6
  24. Labour Welfare Fund registration copy
  25. Labour Welfare Fund Challan (in applicable month)
  26. Labour Welfare Fund paid within 15 days of completion of eligible month
  27. Exemption to maintain computerized records Under Minimum Wages Act
  28. Notices required to be displayed at work site, under Minimum Wages Act
  29. Compliance as per latest Minimum Wages
  30. Bonus Return in Form D
  31. Proof of having PF registration
  32. PF challan for the previous month [OR] Token of payment made to SBI of current month
  33. PF challan paid on or Before 25th of every month
  34. PF - Form 5 - of new employees joined on the site (if applicable)
  35. PF - Form 12A copy - Monthly returns
  36. PF - Form 10 - for left employees (if applicable)
  37. PF returns in Form 3A & 6A (March)
  38. PT Regn Certificate
  39. Whether minimum leaves entitled availed as per Shops & Establishment Rules
  40. Shops & Establishment registration copy
  41. Shops & Establishment annual returns
  42. PF/ESI – Monthly Summary Format
  43. Declaration of Monthly Deduction and Deposit summary of PF and ESI (Monthly) & LWF (yearly)
  44. Salary breakup same as per the contract / LOI / agreement

 

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