IMports and Distribution business
mishraswa
(Querist) 19 January 2011
This query is : Resolved
Hi,
I am working as an HR Executive in an Imports Firm (Proprietorship). We do not deal with any kind of manufacturing operations, however, we have a few carpenters, drivers and office boys on the rolls of the Company, who do the installation work or other unskilled / semi-skilled work.
1. I want to know which Act would govern our firm from the point of HRD?
2. What laws should be taken into account for deciding the Wages / overtime for these employees?
3. Under what law would the salary / overtime/ leave of executive or higher class of employees is decided?
4.Is there any change in the above if the Co. is a Pvt Ltd Co.?
Ajay Bansal
(Expert) 19 January 2011
Please tell numbers of your employees.
mishraswa
(Querist) 19 January 2011
Dear Sir,
We have more than 50 employees working in the firm. out of which 6 are carpenters, 1 driver, 2 office boys and rest are executive and above.
H.M.Patnaik
(Expert) 20 January 2011
Since yours is a Proprietorship firm and engaged about 50 employees, you will be required to seek necessary regn. under the following acts:
1) State Shops & commercial estblishment Act
2)EPF , ESI acts
3)State Professional Tax act
Besides, you have comply with the provisions of varius applicable labour laws like Payment of wages Act,Payment of Gratuity Act,Workmen compensation Act and
Industrial Disputes Act etc.
For better advice, You may contact a local lawyer experienced in Labour Law and pay a visit to jurisdictional Dist. Labour Office.
Kirti Kar Tripathi
(Expert) 20 January 2011
ALL LABOUR ACTS ARE APPLICABLE SUBJECT TO NOS. OF EMPLOYEES EMPLOYED IN THE ESTABLISHMENT. YOU CAN NOT ESCAPE FROM COMPLYING THE PROVISIONS.
mishraswa
(Querist) 20 January 2011
1. I am not asking the questions to escape from these provisions, infact we are already following all the general legal provisions like EPF, ESI, Bonus, Wages etc. My point to ask this is that if there any difference in applicability of labour laws or any other laws on "workman" and a "Manager / Officer" ?
2. I want to know this specifically for applying the provisions of Overtime, Casual and Sick Leave, Compensatory Off.
3. Are these provisions equally applied to the classes of "Workman", "Manager", "Executive" or Company can have some liberty in case of manager/ executive.
