Reg: Form J and Form M ( Shops and Establishment Act)
sarojini sharma
Dear All,
As per the Shops and Establishment act is it mandatory to maintain FORM M ie leave book management, FORM N ie the format of leave card which every employee should have a copy. Form J for attendance.
But in today’s scenario as everything is system generated do we require to maintain this. One of our group companies the Inspector has threatened to take action if the above mentioned are not maintained.
Can someone provide more insight to it and a probable solution out.
Regds,
Roshni
Vinod Waidande
In my previous company we had an ESI inspection, wherein all our records were on the system and no hard copies. It took us a lot of time to make is on papers and produce to the ESIC inspector and we had no hassles or problems created thereon on this issue.
Indian government has made certain laws for each segment and as good HR professionals we must respect them and follow them.
It would be a better idea to hard copy of all the required, I know it is time consuming; however we do have printed formats available on the search engines download them and maintain the same format on your system and when required take a printout, get authorization from the directors and produce it to the inspector done!!!!!
Hope you and your company would be comfortable with this.
Vinod Waidande
Manager Human Resources
Cosmos Star Consultant
www.cosmoscreatives.com
P: +971 4 3515450
F: +971 4 3515761
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Shamkant B
Dear Roshni,
It can be maintained in soft form for that also, you need to write to the appropriate authority, seeking their permission to do so.
Regards,
Sham
From: sarojini sharma
[mailto:sarojin...@westpioneerindia.com]
Sent: Thursday, November 26, 2009
4:05 PM
To: humanc...@googlegroups.com
Subject: [humancircuits] Reg: Form
J and Form M ( Shops and Establishment Act)
Dear All,
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----- Original Message -----From: sarojini sharmaSent: 26 November, 2009 04:04 PMSubject: [humancircuits] Reg: Form J and Form M ( Shops and Establishment Act)
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Sent: Thursday, November 26, 2009 4:05 PM
To: humanc...@googlegroups.com
Jaymin Ghatalia
Dear Sarojini,
In opinion of our legal and compliance officer, you do require to maintain a hard copy of the leave records. As it is system generated, you need to maintain a hardcopy end of every month which is signed and stamped by some signing authority in your company.
These records should be available at any given time.
----------------------------------------------
Thanks and much regards,
Jaymin Ghatalia
Head – Human Resources
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From: sarojini sharma
[mailto:sarojin...@westpioneerindia.com]
Sent: Thursday, November 26, 2009
4:05 PM
To: humanc...@googlegroups.com
Subject: [humancircuits] Reg: Form
J and Form M ( Shops and Establishment Act)
Dear All,
Vikram Shroff
Dear Sarojini,
Unfortunately, the labour laws have not been able to keep pace with the developments on the technology front. Accordingly, I believe the labour inspector may have a valid argument in this case.
I would be happy to discuss the legal issues in relation to maintaining statutory documents in e-form. Please feel free to call me at the numbers below.
Best regards,
Vikram
Vikram Shroff
Nishith Desai Associates
Legal & Tax Counseling Worldwide
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From: sarojini sharma [mailto:sarojin...@westpioneerindia.com]
Sent: Thursday, November 26, 2009 4:05 PM
To: humanc...@googlegroups.com
Subject: [humancircuits] Reg: Form J and Form M ( Shops and Establishment Act)
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Sonal Gadhvi
In my previous company we had an ESI inspection, wherein all our records were on the system and no hard copies. It took us a lot of time to make is on papers and produce to the ESIC inspector and we had no hassles or problems created thereon on this issue.
Indian government has made certain laws for each segment and as good HR professionals we must respect them and follow them.
It would be a better idea to hard copy of all the required, I know it is time consuming; however we do have printed formats available on the search engines download them and maintain the same format on your system and when required take a printout, get authorization from the directors and produce it to the inspector done!!!!!
Hope you and your company would be comfortable with this.
Vinod Waidande
Manager Human Resources
Cosmos Star Consultant
www.cosmoscreatives.com
P: +971 4 3515450
F: +971 4 3515761
From: sarojini sharma [mailto:sarojin...@westpioneerindia.com]
Pratik Vaidya (-Principal Consultant | Director - KMCPL)
There is an exemption under Rule 31 of Maharashtra Minimum wages Rules, 1963 for maintaining computerized records available. If you get the exemption from Deputy commissioner of labour, then the inspectors cannot threaten thereafter. Let me know if you need help in the same.
Pratik Vaidya (-Principal Consultant | Director - KMCPL)
There is an exemption required under Rule 31 of Maharashtra Minimum Wages Rules, 1963 for maintaining computerized records. You get the nod from Deputy commissioner of labour for the same. The exemption is to maintain attendance/muster, wages registers, leave records, wages slips in the computerized manner. Please refer to the Form II Reg 27(1) format of minimum wages. Once you have the exemption, you don’t have to again maintain in the format of Form J, M,N as required under Shops & Establishment Act.
Pratik Vaidya
Principal Consultant | Director
Karma Management Consultants Pvt. Ltd.
"Karma House", Shivaji Road, Vakola Bridge,
Santacruz East, Mumbai - 400 055.
Maharashtra | INDIA
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On 26/11/09 4:51 PM, "Vinod Waidande" <vinod.w...@cosmoscreatives.com> wrote:
In my previous company we had an ESI inspection, wherein all our records were on the system and no hard copies. It took us a lot of time to make is on papers and produce to the ESIC inspector and we had no hassles or problems created thereon on this issue.
Indian government has made certain laws for each segment and as good HR professionals we must respect them and follow them.
It would be a better idea to hard copy of all the required, I know it is time consuming; however we do have printed formats available on the search engines download them and maintain the same format on your system and when required take a printout, get authorization from the directors and produce it to the inspector done!!!!!
Hope you and your company would be comfortable with this.
Vinod Waidande
Manager Human Resources
Cosmos Star Consultant
www.cosmoscreatives.com <http://www.cosmoscreatives.com/>