More Details about Compliances under Labour Laws

General Information  
Author(s)H L Kumar
PublisherUniversal Law Publishing an imprint of LexisNexis
Edition4th Edition
Publish YearMay 2016


A news report appearing in February, 2016 revealed that the Indian Labour Laws require the employers to use 5 billions sheets of papers to maintain 25-45 registers or 6,00,000 trees a year. It can be made out that the large number of compliances are to be made by the employers. The returns as prescribed in the number of pages are hardly scrutinized or even read by the authorities. However, on failure to make compliance by the employers calls for severe legal action including prosecutions that too of the top most officials of the establishments. It is, however, gratifying that the NDA government is planning to soften the rigor of various Acts and in this direction reference is made to the Apprentices 
Act, 1961 which prior to amendment in its sections 30(1) and (2) inter alia providing that, “If any employer contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, engages as an apprentice a person who is not qualified for being so engaged, etc., he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both”. The imprisonment has not been substituted by imposition of fine.
Despite good gesture, the amendments take long time because of tedious procedures and political hassles hence the employers have to comply with the provisions of labour laws, rules and regulations in order to avoid prosecutions, fines and harassment by the authorities.
While practicing in Labour Laws, we frequently come across the summons from the Magistrates which are issued in the names to the Chairman, Managing Directors or the CEOs etc., for various offences. The Labour Authorities are fortified with the rigid laws. For instance, merely for non-displaying the extract of the Maternity Act, 1961, the imprisonment of the defaulter can be to the extent of one year. Similarly, other laws are also very charging. The authorities and the Enforcement Officers do not ascertain as to whether the accused, as implicated, has any connection with the violation of any provisions of the law. They also ignore whether any violation, being subject matter of the prosecution, has occurred due to inadvertence or intentional. Hence, the subject of compliances is gaining more and more importance. The HR Executives, who are responsible for various compliances, will find this revised edition still more useful since they don’t learn these implications at the B-Schools.