Forms maintained under Payment Of Wages Act,1936
FORM NO. I: Register of Fine.
FORM No. II: Register of deductions for damage or loss.
FORM NO. II-A: Register of wages.
FORM NO. III: Register of advances.
FORM NO. III-A: Register of loans granted to the employees for house building or other purposes
FORM NO. IV: Annual Return
FORM NO. V: Abstract of the payment of wages Act, 1936.
Monday, January 31, 2011
Friday, December 31, 2010
Payment of Gratuity Act,1972
Forms as per norm of Payment of Gratuity Act,1972
Form No. A- Notice of Opening
Form No. B- Notice of Change
Form No. C- Notice of Closure
Form No. D- Notice for Excluding Husband from Family
Form No. E- Notice of Withdrawal of Notice for excluding Husband from family
Form No. F- Nomination
Form No. G- Fresh Nomination
Form No. H- Modification of Nomination
Form No. I- Application for Gratuity by an Employee
Form No. J- Application for Gratuity by a Nominee
Form No. K- Application for Gratuity by a Legal Heir
Form No. L- Notice for Payment of Gratuity
Form No. M- Notice Rejecting Claim for Payment of Gratuity
Form No. N- Application for Direction
Form No. O- Notice for Appearance before the Controlling Authority
Form No. P- Summons
Form No. Q- Particulars of Application under Section 7
Form No. R- Notice for Payment of Gratuity
Form No. S- Notice for Payment of Gratuity as Determined by Appellate Authority
Form No. T- Application for Recovery of Gratuity
Form No. U- Abstract of the Act and Rules
Form No. A- Notice of Opening
Form No. B- Notice of Change
Form No. C- Notice of Closure
Form No. D- Notice for Excluding Husband from Family
Form No. E- Notice of Withdrawal of Notice for excluding Husband from family
Form No. F- Nomination
Form No. G- Fresh Nomination
Form No. H- Modification of Nomination
Form No. I- Application for Gratuity by an Employee
Form No. J- Application for Gratuity by a Nominee
Form No. K- Application for Gratuity by a Legal Heir
Form No. L- Notice for Payment of Gratuity
Form No. M- Notice Rejecting Claim for Payment of Gratuity
Form No. N- Application for Direction
Form No. O- Notice for Appearance before the Controlling Authority
Form No. P- Summons
Form No. Q- Particulars of Application under Section 7
Form No. R- Notice for Payment of Gratuity
Form No. S- Notice for Payment of Gratuity as Determined by Appellate Authority
Form No. T- Application for Recovery of Gratuity
Form No. U- Abstract of the Act and Rules
Thursday, December 16, 2010
THE PAYMENT OF BONUS ACT, 1965
Maintenance of registers: Every employer shall prepare and maintain the following registers:
Form A: A register showing the computation of the allocable surplus referred to in clause (4) of section 2.
Form B: A register showing the set-on and set-off of the allocable surplus, under section 15.
Form C: A register showing the details of the amount of bonus due to each of the employees, the deductions under sections 17 and 18 and the amount actually disbursed.
Annual returns:
Form D: Every employer shall send a return to the Inspector so as to reach him within 30 days after the expiry of the time limit specified in section 19 for payment of bonus.
Form A: A register showing the computation of the allocable surplus referred to in clause (4) of section 2.
Form B: A register showing the set-on and set-off of the allocable surplus, under section 15.
Form C: A register showing the details of the amount of bonus due to each of the employees, the deductions under sections 17 and 18 and the amount actually disbursed.
Annual returns:
Form D: Every employer shall send a return to the Inspector so as to reach him within 30 days after the expiry of the time limit specified in section 19 for payment of bonus.
Bombay Shops and Establishments Act, 1948
Procedure for New Registration of Establishment:
Employer of an Establishment has to apply to the inspector of the local areas
concerned in the prescribed Form-A along with the prescribed fees for getting the establishment registered under the Act.
Required documents for registration:
• Memorandum & Article of Association / Trust Deed
• List of Directors with their Residential Address
• Proof of place viz. Copy of Leave & License Agreement.
• Proof of payment made to any local authority viz. Copy of Electricity bill, Telephone bill etc.
• A/c Payee Cheque towards the Registration Fee depend on the number of employees in favour of ‘Municipal Corporation of Greater Mumbai'
• Premises purchase Agreement
• First Bank Account opening proof/ Bank Account No. Details
• First income tax Assessment order
• BMC Declaration
• Date of commencement of Business
On receipt of the application and the fees the inspector, on being satisfied about
the correctness of the particulars contained in the application will register the
establishment and issue a registration certificate.
Time limit of Registration:
The Employer of an establishment has to apply to the Inspector of the local area concern in Form "A" alongwith prescribed fees and necessary documents for getting the establishment registered under the Act within 30 days on which the establishment commences its work. On an application from the employer, the Registration Certificate can be granted for a period of 3 years at a time on payment of fees for that period.
Renewal of Registration Of Establishment:
• The employer has to get the registration certificate renewed every year by
applying to the Inspectors by applying to the inspectors in the prescribed Form B.
• There are provisions in the Act for the renewal of registration by submitting the relevant forms to the authority notified along with the old certificate of registration
and renewal fees for minimum one year renewal and maximum of 3 year
renewal.
• The prescribed Form B has to be submitted 15 days before the expiry date of certificate.
Change In Any Particular
• In case of any changes in the information furnished at the time of registration or renewal in Form "A" & "B" respectively, the employer has to notify such changes to the Inspector in the prescribed Form E accompanied by prescribed fees which shall be submitted to the Inspector of the area within 15 days in case of change in employment strength and within 30 days in case of any other changes and get the registration certificate suitably amended.
• Form "E" shall be accompanied by the Original Registration Certificate with the necessary documentary evidence. On physical verification of the changes by the Inspector, he shall endorse the changes on the Registration Certificate and return back duly authenticated, within two weeks time.
• In case of any change in the establishment, it has to be specified
within 15 days after the expiry of the quarter to which the changes relate. It is to
be noted that the establishment of the central government and state government
are exempted from all provisions of Act by Section 4 and Schedule II, Entries 1
and 2. Also in the cases where the shop or commercial establishment is situated
in the premises of a factory and is not connected with the manufacturing process
of the factory, the provisions of the Act will apply to it otherwise the provisions of Factories Act will apply to it.
Issue of Duplicate Certificate:
In case the Original Registration Certificate is lost, destroyed or defaced the employer shall report the matter to the Sr. Inspector of the area/ward and shall make an application for issue of duplicate certificate along with the fee.
Closing of Establishment:
The employer shall inform the Inspector of the area within 10 days of the closure of the establishment under Section 8 of the Act, vide an application on the company letter head stating the reason of closure and the Original Certificate shall be surrendered along with the application.
Closing of establishment to be communicated to Inspector.-The employer shall, within ten days on his closing the establishment, notify to the Inspector in writing accordingly. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate:
Employer of an Establishment has to apply to the inspector of the local areas
concerned in the prescribed Form-A along with the prescribed fees for getting the establishment registered under the Act.
Required documents for registration:
• Memorandum & Article of Association / Trust Deed
• List of Directors with their Residential Address
• Proof of place viz. Copy of Leave & License Agreement.
• Proof of payment made to any local authority viz. Copy of Electricity bill, Telephone bill etc.
• A/c Payee Cheque towards the Registration Fee depend on the number of employees in favour of ‘Municipal Corporation of Greater Mumbai'
• Premises purchase Agreement
• First Bank Account opening proof/ Bank Account No. Details
• First income tax Assessment order
• BMC Declaration
• Date of commencement of Business
On receipt of the application and the fees the inspector, on being satisfied about
the correctness of the particulars contained in the application will register the
establishment and issue a registration certificate.
Time limit of Registration:
The Employer of an establishment has to apply to the Inspector of the local area concern in Form "A" alongwith prescribed fees and necessary documents for getting the establishment registered under the Act within 30 days on which the establishment commences its work. On an application from the employer, the Registration Certificate can be granted for a period of 3 years at a time on payment of fees for that period.
Renewal of Registration Of Establishment:
• The employer has to get the registration certificate renewed every year by
applying to the Inspectors by applying to the inspectors in the prescribed Form B.
• There are provisions in the Act for the renewal of registration by submitting the relevant forms to the authority notified along with the old certificate of registration
and renewal fees for minimum one year renewal and maximum of 3 year
renewal.
• The prescribed Form B has to be submitted 15 days before the expiry date of certificate.
Change In Any Particular
• In case of any changes in the information furnished at the time of registration or renewal in Form "A" & "B" respectively, the employer has to notify such changes to the Inspector in the prescribed Form E accompanied by prescribed fees which shall be submitted to the Inspector of the area within 15 days in case of change in employment strength and within 30 days in case of any other changes and get the registration certificate suitably amended.
• Form "E" shall be accompanied by the Original Registration Certificate with the necessary documentary evidence. On physical verification of the changes by the Inspector, he shall endorse the changes on the Registration Certificate and return back duly authenticated, within two weeks time.
• In case of any change in the establishment, it has to be specified
within 15 days after the expiry of the quarter to which the changes relate. It is to
be noted that the establishment of the central government and state government
are exempted from all provisions of Act by Section 4 and Schedule II, Entries 1
and 2. Also in the cases where the shop or commercial establishment is situated
in the premises of a factory and is not connected with the manufacturing process
of the factory, the provisions of the Act will apply to it otherwise the provisions of Factories Act will apply to it.
Issue of Duplicate Certificate:
In case the Original Registration Certificate is lost, destroyed or defaced the employer shall report the matter to the Sr. Inspector of the area/ward and shall make an application for issue of duplicate certificate along with the fee.
Closing of Establishment:
The employer shall inform the Inspector of the area within 10 days of the closure of the establishment under Section 8 of the Act, vide an application on the company letter head stating the reason of closure and the Original Certificate shall be surrendered along with the application.
Closing of establishment to be communicated to Inspector.-The employer shall, within ten days on his closing the establishment, notify to the Inspector in writing accordingly. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate:
Sunday, December 12, 2010
REGISTERS TO BE MAINTAINED UNDER FACTORIES ACT,1948
Forms Purpose
Form 5 - Certificate of fitness.
Form 10 - Over Time.
Form 11 - (Notice of periods of workers for adult worker
And children)
Form 29 - Particulars of rooms in the factory
Form 12 - Register of Adult Workers.
Form 15 - Register of Leaves.
Form 18 - Accident report / ESI
Form 26 - Accident Book.
Form 7I - Record of white washing & paintings.
Form 35 - Register of trained workers.
Form 36 - Register of lifting fitting clothes.
Form 37 - Register of lifting materials.
Form 38 - Report of examination of lifts and hoists.
Form 5 - Certificate of fitness.
Form 10 - Over Time.
Form 11 - (Notice of periods of workers for adult worker
And children)
Form 29 - Particulars of rooms in the factory
Form 12 - Register of Adult Workers.
Form 15 - Register of Leaves.
Form 18 - Accident report / ESI
Form 26 - Accident Book.
Form 7I - Record of white washing & paintings.
Form 35 - Register of trained workers.
Form 36 - Register of lifting fitting clothes.
Form 37 - Register of lifting materials.
Form 38 - Report of examination of lifts and hoists.
Friday, December 3, 2010
Withdrawal of Provident Fund by overseas workers
Norms for withdrawal of provident fund by overseas workers employed in the country (Not having valid Social Security Agreement) until they are 58 years old or are incapacitated (permanent and total in capacity for work due to bodily or mental infirmity), has now been amended.
India has signed nearly 12 social security agreement but only two with Belgium and Germany are currently operational.
Indian workers are allowed to withdraw their PF balances under a number of circumstances, International workers will be only able to do so on retirement at 58 years against 55 years for local workers, according to the latest changes made through an amendment to the Employees’ Provident Funds Scheme, 1952.
However, in the case of permanent and total incapacity to work due to bodily or metal infirmity withdrawal will be allowed.
Overseas workers will need to keep their bank account in India till the refunds are received in such account.
Certain Related Terms under PF Act
An International worker
An International worker may be an Indian worker or a foreign national.
This means an Indian worker who has divided his/her career between India and another country with whom India has entered into a bilateral Social Security agreement or a foreign national working in India. (Para 2 ff)
An Excluded Employe’ under the provisions
A ‘detached worker’ posted in an establishment in India but contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India shall be an ‘excluded employee’ under these provisions. (Para 2 f)
A Detached Worker
An International worker, being not an Indian employee, contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India and exempt from making any contribution to the Indian system for the period and terms as set out in such an agreement is a ‘detached worker’ for the purpose of compliance under the Indian system. (Para 2 f)
A social security agreement (SSA)
A social security agreement is a bi-lateral instrument to protect the interests of the workers in the host country. It being a reciprocal arrangement generally provides for avoidance of no coverage or double coverage and equality of treatment with the host country workers
Status of the SSAs
As of today, Social security agreements have been signed with Belgium, France and Germany. But the date of entry into force is yet to be notified. Negotiations are at various stages with The Netherlands, Czech Republic, Hungary, Norway, Switzerland, Sweden, Luxembourg, USA and Australia. Government level talks are on with many other countries where sizable numbers of Indian workers are employed. Although not a formal agreement, there is a reciprocal arrangement between India and Korea to settle the claims of the employees on completion of employment in the host country
India has signed nearly 12 social security agreement but only two with Belgium and Germany are currently operational.
Indian workers are allowed to withdraw their PF balances under a number of circumstances, International workers will be only able to do so on retirement at 58 years against 55 years for local workers, according to the latest changes made through an amendment to the Employees’ Provident Funds Scheme, 1952.
However, in the case of permanent and total incapacity to work due to bodily or metal infirmity withdrawal will be allowed.
Overseas workers will need to keep their bank account in India till the refunds are received in such account.
Certain Related Terms under PF Act
An International worker
An International worker may be an Indian worker or a foreign national.
This means an Indian worker who has divided his/her career between India and another country with whom India has entered into a bilateral Social Security agreement or a foreign national working in India. (Para 2 ff)
An Excluded Employe’ under the provisions
A ‘detached worker’ posted in an establishment in India but contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India shall be an ‘excluded employee’ under these provisions. (Para 2 f)
A Detached Worker
An International worker, being not an Indian employee, contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India and exempt from making any contribution to the Indian system for the period and terms as set out in such an agreement is a ‘detached worker’ for the purpose of compliance under the Indian system. (Para 2 f)
A social security agreement (SSA)
A social security agreement is a bi-lateral instrument to protect the interests of the workers in the host country. It being a reciprocal arrangement generally provides for avoidance of no coverage or double coverage and equality of treatment with the host country workers
Status of the SSAs
As of today, Social security agreements have been signed with Belgium, France and Germany. But the date of entry into force is yet to be notified. Negotiations are at various stages with The Netherlands, Czech Republic, Hungary, Norway, Switzerland, Sweden, Luxembourg, USA and Australia. Government level talks are on with many other countries where sizable numbers of Indian workers are employed. Although not a formal agreement, there is a reciprocal arrangement between India and Korea to settle the claims of the employees on completion of employment in the host country
Wednesday, September 29, 2010
Important Norms of E.S.I. Act,1948
Wages ceiling up to Rs. 15000/- Gross P.M.
Employee Contribution - 1.75%
Employer Contribution - 4.75%
Monthly Challans along with amount shall be paid on or before 21st of every month.
Some Important Forms:
Form-01 Employers Register Form
Form-1 Declaration Form
Form-3 Return of declaration form
Form-1B Change in the family particulars
Form-6 Return of Contributions.
Form-16 Accident Reports.
ESIC-37 Certificate of re-employment/
Continuing employment.
Form-53 Application for change of dispensary.
ESIC-71 Wages/Contributory Record.
Form-72 Application for duplicate
Identity card.
Form-86 Certificate of employment
Issued to I.P.(Insured Person) by employer.
Form-105 Certificate of entitlement for
Medical treatment.
Form-7 List of employees (A separate Register should be maintained)
Form-15 Accident Book. (A separate Register should be maintained)
Employee Contribution - 1.75%
Employer Contribution - 4.75%
Monthly Challans along with amount shall be paid on or before 21st of every month.
Some Important Forms:
Form-01 Employers Register Form
Form-1 Declaration Form
Form-3 Return of declaration form
Form-1B Change in the family particulars
Form-6 Return of Contributions.
Form-16 Accident Reports.
ESIC-37 Certificate of re-employment/
Continuing employment.
Form-53 Application for change of dispensary.
ESIC-71 Wages/Contributory Record.
Form-72 Application for duplicate
Identity card.
Form-86 Certificate of employment
Issued to I.P.(Insured Person) by employer.
Form-105 Certificate of entitlement for
Medical treatment.
Form-7 List of employees (A separate Register should be maintained)
Form-15 Accident Book. (A separate Register should be maintained)
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