west bengal

In this article, Pradipta Nath discusses the Labour Law Compliances Check List in West Bengal.

No Rule Act Forms Nature of compliance
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1960.
1 Rule 4 ER-I Notification of vacancy Employer shall notify vacancy as per the format mentioned atleast 15 days prior to vacancies are intended to fill.
2 Rule 4 (3) ER-I Result of selection of candidate(CV) Employer shall furnish result of selection within 15 days from the date of selection to the conern employment exchange
3 Rule 6 ER-I Form ER I – Quarterly return Employer has to send quarterly return for the quarter ending March, June, September and December within thirty days to local employment exchange.
4 Rule 6 ER-I Form ER II – Biennial return Employer has to send biennial return for the two year ending 30th September within 30 days to local employment exchange.

The Payment of Gratuity Act 1972 & Central Rules 1972

5 Rule 3(1) PoG Form A – Notice of opening Employer shall give notice as per the format within 30 days of applicability to the establishment. Even if no employee is eligible for gratuity payment, Act becomes applicable to the establishment.
6 Rule 3(2) PoG Form B – Notice of change Employer has to give notice of change if there is any change in particulars given in Form A (to include the particulars) as per the prescribed format within 30 days of such change.
7 Rule 6(1) PoG Form F – Nomination Employer shall obtain nomination form in duplicate from the employee towards gratuity nomination. For convenience to obtain undated nomination at the time of appointment itself.
8 Rule 7(1) PoG Form I – Application of gratuity by an employee Employee has to apply for gratuity claim in the form prescribed. It has to be made within 30 days of termination.
9 Rule 8(1)(I) PoG Form L – Notice for payment of gratuity Employer has to give notice for payment of gratuity in the form prescribed.
10 Rule (20) PoG Form U – Abstract of the act Employer has to display abstract of the act in both English and vernacular language in the establishment.
11 Rule 4(1) PoG Notice of authorized officer Employer has to display a notice stating the particulars of the authorized person with designation to receive notices under that act or rules. If there is any change, immediately fresh notice has to be displayed.

The Minimum Wages Act – 1948 and West Bengal Rules 1951

12 Rule 21 MW Form III – Annual return Employer has to send annual return as per the format prescribed. If no fines, Nil return has to be submitted. It should be sent within 30 days from year ending 31st December.
13 Rule 22 MW Form XIII – Abstract of the Act – Abstract of the act and rules has to be displayed in English and in vernacular language.
Notice containing particulars of the Inspector and Minimum wages fixed for different categories have  to be displayed.

The Payment of Wages Act 1936

14 Rule 18 POW Form IV – Annual return Employer has to send annual return as per the format. It has to be sent within 45 days for the year ending 31st December.
15 Rule 22 POW Form V – Abstract of the act Employer has to display abstract of the act in both English and vernacular language in the establishment.
16 Rule 6 POW Record, registers and notices – Limitation period Principal employer/Contractor has to preserve for a period of three years from the date of last entry
17 Rule 6A POW Form VI – Notice of rates of wages It has to be displayed specifying the rates of wages payable to different classes of workers employed.
18 Rule 8 POW Notice furnishing wage period, wage date and pay master Employer has to display the notice in each establishment.

The West Bengal Shops and Commercial Establishments Act – 1963 and Rules – 1964

19 Rule 4 S&E Form B Part I – Application for Registration certificate for the establishment Employer shall apply for RC in the form within 30 days from the date on which the establishment commences its business.
20 Rule 4 S&E Form B Part II – Grant of registration certificate Inspector shall issue registration certificate in the form. Employer shall display the form in a conspicuous place in the premises.
21 Rule 5 S&E Form C – Notice of change Employer shall notify the change in RC particulars to the Inspector within 7 days of such change taken place accompanying the original RC for amendment.
22 Rule 6 S&E Form D – Renewal of RC Employer shall apply for renewing the RC accompanying the original RC. RC is valid for three years. Renewal application has to be made within 30 days after the expiry of RC for renewal.
23 Rule 7 S&E Form E – Notice of closure Employer shall notify the closure of the establishment to the Inspector within 15 days of closure in the form accompanying the original RC.
24 Sec 6 S&E Opening and Closing Hours Establishment shall remain closed before or after the hours stipulated by the government  8 am and 8 pm.
25 Sec 5 S&E Holiday Close day – Every establishment shall remain closed one day in a week
Weekly Holiday – every person employed in a establishment shall be allowed as holiday atleast one half day next preceding or next following such day
Close day and holiday shall not be a
26 Sec 7 S&E Daily and Weekly Hours No person shall be required to work for more than 8.5 hours/day and 48 hours/week.
27 Sec 7 S&E Overtime The period of work including over time shall not exceed 10 hours / day. OT hours shall not exceed 120 hours in any year. Double wages for over time work.
Employer shall give notice to the Inspector atleast 24 hours before such day if any person is require
28 Sec 7 S&E Rest interval No person shall be allowed to work for more than 5.5 hours on any day without rest interval of atleast one hour.
29 Sec 7 S&E Spread over The period of work has to arranged in such a way that including rest interval should not exceed 10.5 hours in any day.
30 Sec 11 S&E Leave Employer shall give leave as follows with wages:
PL – after 12 months of continuous service – 14 days – accumulation upto 24 days
SL – 14 days – accumulation upto 56 days
CL – 12 days
31 Rule 11 S&E Form G – Notice of weekly closure Employer shall display weekly close day details in the form. Copy of notice including change if any has to the intimated to the Inspector.
32 Rule 12 S&E Form H – Notice of weekly holiday Employer shall display weekly holiday details in the form. Copy of notice has to be intimated to the Inspector.
33 Rule 13 S&E Form I(1) – Register of hours of works and rest intervals Employer shall display particulars of daily hour or actual work and hours of rest interval and opening and closing hours of establishment in the register.
34 Rule 21 S&E Form J – Leave register Employer shall maintain particulars of the leave eligible, availed and balance in the register.
35 Rule 30 S&E Form M – Pay register Employer shall maintain the wage details in the form.
36 Rule 40 S&E Form U – Register of Over Time Employer shall maintain the over time details in the form.
37 Rule 48 S&E Visit book Employer shall maintain visit book and submit to Inspector during inspection for making inspection observations.
38 Rule 52 S&E Form W – Register of employees Employer shall maintain the particulars of the employees in the register.
39 Notif 3207 IR S&E National Holiday Employer has to give following National Holidays with wages – 23rd Jan Netaji Birthday, 26th Jan Republic Day, 1st May  Day, 15th August Independence Day and 2nd October Mahatma Gandhi Birthday
40 Rule 53 S&E Form X – Appointment letter Employer shall issue appointment order to the persons employed before commencement of work

The West Bengal Labour Welfare Fund Act – 1974 and Rules – 1976

41 Rule 3 LWF Form A – Notice of opening Employer shall notify opening of the establishment within 30 days from the date of opening to the Welfare Commissioner.
42 Rule 3 LWF Form B – Notice of change Employer shall notify the change furnished in the Form A to the Welfare Commissioner with in 30 days from the date of such change taken place
43 Rule 3 LWF Form C – Notice of closure Employer intends to close down the business shall serve notice of such intended closure to the Welfare Commissioner within 60 days before the date of intended closure.
44 Rule 5 LWF Form D – Statement of contributions LWF contributions have to be paid within 15 days for each half year ending June and December. Along with payment in cheque, duly filled Form has to be submitted. Contribution: Rs.6/- and Re.3/- for employer and employee respectively.

The Municipal Tax/Trade License

45 TL Certificate of Enlishment Every Financial year

The West Bengal State Tax on Professions,Trades, Callings and Employment Rules,1979

46 Rule 4/6A P Tax Form IIA Certificate of Enrolment
47 Rule 3/6A P Tax Form IA Certificate of Registration

The Employee State Insurance Act – 1948

48 Reg 10 C ESIC Form – 01 A – Annual Information Employer shall furnish return in the prescribed format by 31st of january  every year to the appropriate Regional Office or Sub-Regional Office or Divisional Office.
49 Reg 68 ESIC Form 12 – Accident report Employer has to send Accident Report to local office within 24 hours from the accident date.
50 Reg 66 ESIC Form 11 – Accident book Employer shall maintain accident register and update if any personal injury happens to the insured person and preserve the record for a period of five years from the date of last entry.
51 ESIC Monthly remittance challan Employer shall remit monthly contribution before 21st of every month

The Workmen’s Compensation Act – 1923 and Rules – 1924

53 Sec.16 WC Annual Return Employer shall send annual return as per the format mentioned in the act within 30 days for the year ending 31st December.
54 Sec.16 WC Abstract of the act Employer has to display abstract of the Act in both English and vernacular language in the establishment.

The Employees’ Provident Fund and Miscellaneous Provision Act

55 Para 33 & 61(1) PF Form 2 – Nomination and Declaration form Employer has to obtain nomination and declaration form from the employee for PF coverage on very first day of joining. Family members defined in the act could only be included. In the event of death of the employee, it PF and EPS benefit will be paid to t
56 PF Electronic Challan cum return Monthly ECR
57 PF Monthly remittance challan Employer shall remit monthly contribution before 15th  of every month

The Equal Remuneration Act

58 Rule 6 ER Form D Every employer shou;d maintain  up-to-date a register in relation to the workers employed by him in Form D at the place where the workers are employed.

The Contract Labour (Regulation and Abolition) Act 1970 and Rule 1972

59 Rule 17 CLRA Form I – Application for RC Application by the principal employer has to be made in this form for Registration Certificate in triplicate along with treasury receipt. Applicability – 20 or more contract laborers.
60 Rule 18 CLRA Form II – Registration certificate Registration certificate to the principal employer shall be in this form.
61 Rule 20 CLRA RC Amendment –  Change Notification If there is any change in the particulars of the RC, the principal employer shall notify the same within 30 days to the authority – necessary fees has to be paid.
62 Rule 74 CLRA Form XII – Register of contractors The principal employer shall maintain the register of contractors in this form.
63 Rule 79 CLRA Abstract Contractor shall display an abstract of the act and rules in English and Hindi and local language.
64 Rule 81 CLRA Notice Principal employer / Contractor have to display notice showing rates of wages, hours of work, wage periods, date of payment of wages, name and address of the inspector and date of payment of unpaid wages – in English, Hindi and Local language – copy of th
65 Rule 82 CLRA Form XXV – Annual return Principal employer has to send annual return in duplicate for the calendar year. It should reach before 15th February following the end of the year.

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