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Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010
Rank: Leader Post Date: 22/11/2010 22:34:44 Points: 680 Location: India
Dear All


We are specially creating this Post  in CHRM for the Staffing & Recruiting Industry  Professionals  especially when  the Industry has seen tremendous growth in the past 5 years. To keep pace Professionals need to keep themselves updated on the Legal compliance .

Many International players have come into the Indian Scene. But India consisting of Different States and Labour being on the Concurrent List the Legislation can be done both by the Centre and the States.That is why in India we find so many Labour Legislations.

In fact China has pioneered in enacting a "Contracting Law" which regulates the Industry.

The supporters of Globalization want to do away with a so many Legislation but they have not understood the Federal Nature of Our Constitution and the answer for that should not be " a cry without any result". Till that goal of Standardisation of Labour Laws is reached the Industry  has to operate and function within the four corners of the existing Laws.This post is an begining in that direction. In fact there is another way of looking at the problem, the need to operate within the Legal framework taking the benefit of the existing laws.This is a win-win situation.


With Regards

V.Sounder Rajan  Advocate
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010  
Rank: Leader Post Date: 21/01/2011 08:33:55 Points: 680 Location: India
Dear All

Sub: Statistics of Enforcement of CLRA by the Central Govt


The enforcement of the provisions of various Labour laws has been prescribed under provisions of the relevant Acts and is secured through the officers of the Central Industrial Relations Machinery (CIRM) in the Central Sphere, and through the State enforcement machinery in the State Sphere.

In the Central sphere, the officer of Chief Labour Commissioner (Central)s organization conduct inspection regularly under the Contract Labour ( Regulation & Abolition) Act, 1970 and take action by filing prosecution cases against the defaulting employers and contractors.

Details of Inspection conducted and prosecution launched during the last three years and current year under Contract Labour Act, 1970 is found in the Attachment.Shri Harish Rawat, Minister of Labour and Employment gave this information in reply to a question in the Lok Sabha .


The attached data will give a picture on the realistic Enforcement scenario in respect of these two enactments .

Presently the level playing field available for the Indian Staffing Industry to operate in the present liberalised regime of the Central Government is again seen and is found to be quite adequate and is commendable and will be an invitation to International Staffing & Recruiting Companies to open shop in India


With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634


The attachment file can be viewed at Business Form >> CLRA- Statistics -110111.doc
Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010  
Rank: Leader Post Date: 25/01/2011 03:30:15 Points: 680 Location: India
Dear All

Sub: Statistics of Enforcement of Labour Laws by the Central Govt:

The enforcement of the provisions of various Labour laws has been prescribed under provisions of the relevant Acts and is secured through the officers of the Central Industrial Relations Machinery (CIRM) in the Central Sphere, and through the State enforcement machinery in the State Sphere. Some of the labour enactments are also enforced by the Employees State Insurance Corporation and Employees Provident Fund Organization.

The information regarding inspections conducted, prosecutions launched, claim case filed and decided and amount awarded under Minimum Wages Act and Payment of Bonus Act in Central Sphere is found in the Attachment.


In regard to Employees Provident Fund, over 80 complaints alleging Provident Fund evasion had been received during 2007-2010 by Vigilance Wing of Employees Provident Fund Organisation.

Shri Harish Rawat, Minister of Labour and Employment gave this information in reply to a question in the Lok Sabha .


The above data will give a picture on the realistic Enforcement scenario in respect of these two enactments .

Presently the level playing field available for the Indian Staffing Industry to operate in the present liberalised regime of the Central Government is quite adequate and is commendable and will be an invitation to International Staffing Companies to open shop in India


With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634

Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010  
Rank: Leader Post Date: 25/01/2011 03:31:00 Points: 680 Location: India
Dear All

Sub: Statistics of Enforcement of Labour Laws by the Central Govt:

The enforcement of the provisions of various Labour laws has been prescribed under provisions of the relevant Acts and is secured through the officers of the Central Industrial Relations Machinery (CIRM) in the Central Sphere, and through the State enforcement machinery in the State Sphere. Some of the labour enactments are also enforced by the Employees State Insurance Corporation and Employees Provident Fund Organization.

The information regarding inspections conducted, prosecutions launched, claim case filed and decided and amount awarded under Minimum Wages Act and Payment of Bonus Act in Central Sphere is found in the Attachment.


In regard to Employees Provident Fund, over 80 complaints alleging Provident Fund evasion had been received during 2007-2010 by Vigilance Wing of Employees Provident Fund Organisation.

Shri Harish Rawat, Minister of Labour and Employment gave this information in reply to a question in the Lok Sabha .


The above data will give a picture on the realistic Enforcement scenario in respect of these two enactments .

Presently the level playing field available for the Indian Staffing Industry to operate in the present liberalised regime of the Central Government is quite adequate and is commendable and will be an invitation to International Staffing Companies to open shop in India


With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634


The attachment file can be viewed at Business Form >> Statistics on violations Minimum Wages-Bonus Act.doc
Chrm Message From: rajanassociates Total Posts: 136 Join Date: 22/11/2010  
Rank: Leader Post Date: 29/01/2011 05:37:57 Points: 680 Location: India
Dear All

In continuation of our earlier post on the subject :

What is continuous service under the ID Act?

25-B. Definition of continuous service: -- For the purpose of this Chapter,-

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman;

(2) Where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer—

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;

(b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—

(i) ninety five days, in the case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case;

Explanation: -- For the purpose of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which—

(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment [Standing Orders] Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the Industrial establishment;

(ii) he has been on leave with full wages, earned in the previous years;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.


There are many inter-related issues to this which we will address in our further posts.

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries -Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684.


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