Federation of Automobile Dealers Associations Home Compliance Under Labour Laws Statutory compliance under various labour laws

has to be ensured by establishments. It is not just limited to the statutory deposits, returns and records to be maintained by the employer under various labour laws, but also to represent them in case of prosecution under various statutes. Hence, it hardly needs to be emphasised that the labour related laws cast an obligation on the employer for meticulous, impeccable and timely compliances. In the event of violation or delay in complying with the statutory requirements, the consequences in terms of levy of damages, prosecution is inevitable. Further, under most of the employment laws, the top executives or the head of the institution/organisation, as the case may be, is held liable and responsible and is required to personally attend such matters before the competent Authority or Court. To facilitate day-to-day functioning, a Checklist of periodic Returns and Informations to be filed, which could be effectively followed to ensure compliance of various employment laws, is given below. CHECKLIST Statutory Compliances by Employers for Statutory Deposits, Returns & Informations

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Labour Law Compliance

Labour Law Compliance is a major activity of People Power. This service help organizations to focus more on their core business activities leaving routine and support activities outsourced. Under Labour Law Compliance company process compliances under various labour statutes on a regular basis. Scope of compliances include registration under various statutes, obtaining code under PF & ESI, maintenance of registers and records, display of notices and extracts of Acts, preparation and submission of Returns, obtaining insurance numbers, monthly remittances, liaisoning with various labour authorities etc. company take care of all the above needs regularly and work in tandem with organizational requirements. We comply with following statutes applicable namely 1. Minimum Wages Act, 1948 2. Kerala Labour Welfare Fund Act, 1975 3. Payment of Gratuity Act, 1972 and Central Rules. 4. Maternity benefit Act, 1961 5. Payment of Wages Act, 1936 6. Payment of Bonus Act, 1965 7. Kerala Industrial Establishments (National & Festival Holidays) Act, 1958 8. Contract Labour (Regulation & Abolition) Act, 1970 9. Workmens Compensation Act, 1923 10. Kerala Shops & Commercial Establishment Act, 1960 11. Kerala Shops & Commercial Establishments workers Welfare Fund Act, 2006 12. Kerala Municipality Act, 1994 (deals with Profession Tax of employer & employees) 13. Equal Remuneration Act, 1976 14. Industrial Disputes Act, 1947 15. Factories Act, 1948 16. Employees State Insurance Act, 1948 17. Industrial Employment Standing Orders Act, 1946 18. Provident Fund and Miscellaneous Provisions Act, 1952 19. Other applicable Labour statutes if any that are relevant. We have been undertaking statutory labour compliance services, PF, ESI processing, statutory audit etc for various organizations in Kerala. We have tie up for national level through our business associates.

METHOD OF CALCULATION OF PENSION

Calculation of Member Pension Pension is calculated separately for Past Service & Pensionable Service Procedure for Calculation of Past Service Pension - Find out the total past service ie. Subtract the Date of Joining (if it is before 15.11.1995) from 15.11.1995 duly rounding the service in years - Find out the salary as on 15.11.1995 as to whether it is upto Rs.2500 or more than Rs.2500 - Accordingly locate the past service benefit from the table given in 12(3)(b) - Find out the period that had elapsed between 16.11.1995 and the date of exit and based on this period locate the corresponding Table B Factor Date of Exit is . Date of attaining 58 years for superannuation/early pension .Date of Death for widow pension .Date of Disablement for Disablement pension - Multiply the Past Service Benefit and the Table B factor which gives the Past Service Pension . Procedure for calculation of Pensionable Service Pension - Find out the Category of the member as to whether he belongs to X, Y or Z Category X Date of commencement of pension is between 16.11.1995 and 15.11.2000 Y Date of commencement of pension is between 16.11.2000 and 15.11.2005 Z Date of commencement of pension on or after 16.11.2005 - Find out the Pensionable Service and Pensionable Salary of the member and substitute the same in the formula given in para 12(2) - If the formula pension calculated is less than 335/438/635 respectively for X,Y,Z categories then only that minimum pension is to be given. Procedure for calculation of Total Aggregate Pension - Add the Past Service Pension and the Formula Pension -If the total pension is less than 500/600/800 respectively for X,Y,Z categories than that minimum pension shall be the total pension - But this total pension is for an eligible service of 24 years or more, and if the eligible service is less than 24 years, then this total pension has to be proportionately reduced subject to a minimum of 265/325/450 depending on X,Y,Z categories (only when the minimum pension is given) - If the total pension itself is more than the minimum then the proportionate reduction need not be made even if the eligible service is less than 24 years. The above calculation is only for existing members. For new entrants the pension is strictly as per the formula given in 12(2) without applying any minimum . Calculation of Widow Pension If the member dies in service then Widow Pension = Member Pension treating the date of death as date of retirement

(or) Table C factor (or) Rs.450, whichever is higher If the member dies away from service before 58 With total service more than 10 years then -- Widow Pension = Member Pension treating the date of exit as date of retirement (or) Table C factor (or) Rs.450, whichever is higher With total service less than 10 years -- And member is not a bachelor then Widow Pension = Table C factor -- And member is a bachelor then No Pension Payable but a lumpsum amount equal to ROC payable to nominee or parent If the member dies as a pensioner Widow Pension = 50% of the Member Pension (or) Rs.450, whichever is higher . Calculation of Children Pension 25% of the widow pension calculated as above or Rs.150/- whichever is higher is payable to every child upto 25 years starting from the death of the member Calculation of Orphan Pension 75% of the widow pension calculated as above or Rs.250/- whichever is higher, is payable to every child upto 25 years starting from the death of the widow/widower Calculation