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This is an archive article published on October 25, 2007

Labour law: Govt may exempt firms with up to 40 staff

In what could be a major relief for India’s small and medium industries, the Government is set to double the number of employees...

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In what could be a major relief for India’s small and medium industries, the Government is set to double the number of employees firms can hire without having to comply with cumbersome labour law compliance requirements. The Union Cabinet in its meeting on Thursday is expected to take up this and other far-reaching reforms proposed as amendments to a 1988 law called the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act.

Originally brought into force to provide relief to small companies from following the cumbersome paperwork mandated under various labour laws at the Central and state level, the law helped reduce the compliance requirements for companies (with less than 19 employees) by letting them maintain one common register for recording their compliance with nine different labour laws. Also, instead of submitting returns and compliance records on different aspects of these nine laws separately, these companies could file them in one simplified format.

The amendments now proposed to the law aim to extend this relief to a greater number of companies by raising the employee base limit from 19 to 40, meaning companies with 40 employees or less. More importantly, it is proposed to expand the basket of labour laws for which companies can use a unified compliance form, from the current nine to 16.

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The amendments would also allow companies to maintain records and registers in computer, floppy, diskette or on any other electronic media as well as file the same through e-mail. First introduced in 2005 in the Rajya Sabha, the amendments had been referred to a Parliamentary Standing Committee, which called for more discussions to be held with both employers’ and employees’ groups to arrive at a consensus on some of the Bill’s provisions.

The need for building a consensus on this amendment Bill was taken up at the last meeting of the Indian Labour Congress in April this year where it was pointed out that trade unions “in various fora criticised any attempt to dismantle inspector raj” as according to them, “this would compromise the interests of vulnerable workers”.

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