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LABOUR LAW COMPLIANCE

How to stay compliant with labour laws as your headcount grows

Indian labour law compliance changes as your headcount crosses certain thresholds. Many growing companies are non-compliant not because they intend to be but because they don't know which laws apply at which size. A compliance calendar that tracks applicable laws at your current headcount — and flags when new laws will apply — is the minimum required system.

The key headcount thresholds and their compliance triggers: 10+ employees — ESIC registration mandatory; factories producing goods liable under various state factories acts; 20+ employees — PF registration mandatory; Contract Labour (Regulation and Abolition) Act applies if you engage contract labour; 50+ employees — Maternity Benefit Act applies in all establishments; 100+ employees — Industrial Employment (Standing Orders) Act requires you to draft and certify standing orders (rules of employment); Chapter VB of the Industrial Disputes Act applies (prior government permission required for retrenchment of workmen); Payment of Gratuity Act applies (payable to employees with 5+ years of service); 500+ employees — additional reporting requirements under various central and state labour laws.

The new labour codes: the government has consolidated 29 central labour laws into 4 labour codes (Code on Wages, Industrial Relations Code, Social Security Code, Occupational Safety Code). These are enacted but not yet fully notified for implementation. Monitor MOLE (Ministry of Labour and Employment) notifications — when these codes are implemented, compliance requirements will change significantly.

State-specific variations: labour law in India is a concurrent subject — both central and state governments legislate. Many states have enacted their own versions of central labour laws with different thresholds, different penalties, and different procedures. Get state-specific compliance guidance from a labour law consultant or HR compliance firm.

Maintaining a compliance calendar: list every applicable law, the frequency of compliance action (monthly, quarterly, annual), the responsible person, and the deadline. Review the calendar monthly. A missed compliance filing — even for a minor law — can result in an inspector visit that escalates to penalties for other issues.

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