The Govt. of Telangana has issued orders pertaining to the system of inspections under various labour laws. The objective is to bring more transparency in the inspection procedures by introducing Computerized System of Risk Assessment based Inspections with random allocation of Inspecting Officers. In pursuance of the directions of the Govt. operational guidelines of the Inspection Scheme are issued as follows:
Identification of establishments for inspection based upon computerized risk assessment.
Establishments will be categorised Low Risk (L), Medium Risk (M), and High Risk (H).
The above categorisation will be done through the Online inspections Module developed as part of the Web Portal of the Labour department.
- Frequency of Inspections.
The establishments will be subjected to Compliance Inspection with the following frequency
- Low Risk (L) :- Once in 5 years.
- Medium Risk (M):- Once in 2 Years.
- High Risk (H):- Once Every Year.
- Scheduling of Inspections:
The Scheduling of inspections will be done though the Online Inspection module. The number of establishments to be inspected will be calculated on monthly basis for each category (L,M,H). The establishments will be selected randomly by the computer in the first week of the month for the inspections to be conducted in the succeeding month. The establishments selected will be such that a uniform mix of different type of establishment in terms of nature of business, size of work force, locations etc is achieved.
- Issuance of Notice:
A computer generated notice will be issued to the establishment for which inspection is scheduled so as to reach the establishment latest by 15th of the same month. At least 15 days clear time before the inspection will be thus ensured.
- Single Joint Inspection :
Inspection will be conducted on the designated date by the designated inspecting officer in respect of all the Laws by way of a single Joint Inspection.
- Inspection Report:
The Inspection report will be uploaded by the inspecting officer within 48 Hrs of the completion of the Inspection in the Online Inspection Module. An alert (sms/e-mail) will be sent to the employer so that he may view / download the inspection report.
- Notice of Deficiencies and Compliance :
In case of noticing defects in the compliance of any of the Labour laws, the Inspecting officer will issue a notice to the Employer through the online Inspection Module. The Employer will be required to take corrective action and upload compliance report within 15 days.
- Scrutiny of Compliance Report and Penal Action :
The Jurisdictional JCL (in case where Inspecting Officer is JCL/DCL) or DCL (in case where Inspecting Officer is ACL/ALO) will scrutinize the compliance report to see if compliance is made. Immediate and effective follow up action on the violations / irregularities shall be ensured if the employer fails to comply even after providing opportunity as in Para 8 by the JCL or the DCL as the case may be
Complaints:
In case any complaint is received alleging violation of any labour law / false declaration under Self Certification Scheme by any Employer / Establishment, such cases will be referred to the Commissioner of Labour who will decide on the further course of action.
Acts Covered
| 1 | The Shops & Establishment Act, 1988 |
| 2 | The Beedi & Cigar Workers (Conditions Of Employment) Act,1966 |
| 3 | The Minimum Wages Act, 1948 |
| 4 | The Payment Of Wages Act,1936 |
| 5 | The Equal Remuneration Act, 1976 |
| 6 | The Working Journalist And Other News Paper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955 |
| 7 | The Contract Labour Regulation & Abolition Act, 1970 |
| 8 | The Inter-State Migrant Workman (Regulation Of Employment And Conditions Of Service) Act, 1979 |
| 9 | The Payment Of Bonus Act, 1965 |
| 10 | The Child Labour (Prohibition And Regulation) Act, 1986 |
| 11 | The Payment Of Gratuity Act, 1972 |
| 12 | The Sales Promotion Employees (Conditions Of Service) Act, 1976 |
| 13 | The Motor Transport Workers Act, 1961 |
| 14 | The Building And Other Construction Workers Act, 1996 And Rules, 2007 |
Computerized risk assessment based compliance inspections
| Step | Relevant Form | Timelines | |
| 1 | Computerized allocation of establishments to the concerned inspectors on the basis of risk management. The same establishment will not be consecutively allotted to an inspector. | First week of the month | |
| 2 | Issuance of notice of inspection (online). | Form CI 1 | Automatic by computer |
| 3 | Joint/Synchronized visit of the inspectors to the unit/ establishment. | Succeeding month | |
| 4 | Inspection of unit /establishment site. | Checklist | |
| 5 | Online submission /uploading of the report by the inspector visiting the unit/ establishment with a unique member which can be accessed online by employer. | Inspection report format (Form CI 2) | 48 hours from the time of completion of inspection of the unit / establishment. |
| 6 | Issuance of satisfactory completion of inspections/ notice to rectify defects. | Form CI 3 | Inspecting Officer |
| 7 | Uploading compliance report. | Establishment | |
| 8 | Acceptance of compliance report / initiation of penal action. | Departmental Officer |
Checklist for THE SHOPS AND ESTABLISHMENT ACT
| 1 | Whether the shop /establishment is duly registered / renewed under the Act. |
| 2 | Whether the shop /establishment displayed the notice in Form No. XXIV. |
| 3 | Whether the Shop/Establishment maintained the Register of Employment in Form No.XXII. |
| 4 | Whether the Shop/Establishment maintained the Register of Wages in Form No.XXIII. |
| 5 | Whether the Shop/Establishment maintained the Register of Leave in form No.XXV. |
| 6 | Whether the Shop/Establishment maintained the Register of Advance in Form No.XII. |
| 7 | Whether the Shop/Establishment maintained the Visit Book. |
| 8 | Whether the Shop/Establishment exhibited the Telugu Name Board prominently. |
| 9 | Whether the Shop/Establishment submitted the quarterly return in Form XVII. |
| 10 | Nature of violation, if any found during the inspection. |
| 11 | Whether letter of appointment in Form XXVI issued to all employees. |
Checklist for CONTRACT LABOUR (R&A) ACT
| 1 | Whether the contractor is having the license under the Act, subject to the number of workman being employed by him. |
| 2 | Whether license is duly renewed. |
| 3 | Nature of work carried out through contract Labour. |
| 4 | Whether the contractor is maintaining the Register of persons employed. |
| 5 | Whether the Employment Card is issued to each worker by the contractor. |
| 6 | Whether the Muster Roll, Register of Wages, Register of Over time, Register of deductions, Register of Fines and Register of Advances are being maintained by the contractor as prescribed under the Rules. |
| 7 | Whether wage slips are issued to the workers. |
| 8 | Whether the facilities as mentioned in section 16, 17, 18, 19, (Canteen, Rest Room, Drinking Water, Latrines and Urinals, First Aid Box) are provided to the workers, subject to the number of workers as provided under the Rules. |
| 9 | Whether the Contractor has submitted the Notice of Commencement of contract / Completion. |
| 10 | Whether the Abstract of Act & Rules and other required notices are displayed at the work place. |
| 11 | Whether half yearly return is submitted. |
| 12 | Nature of violation, if any found during the inspection. |
| 13 | Whether the principal employer has a registration certificate or not |
Check list for PAYMENT OF GRATUITY ACT
| 1 | Whether the establishment is registered under the provisions of the Act with the concerned Asst. Commissioner of Labour. |
| 2 | Whether the notice of opening, closing, change as the case may be, has been given by the employer to the controlling authority. |
| 3 | Whether abstract of Act and Rules has been displayed. |
| 4 | Whether the nominations of the employers are accepted by the employer. |
| 5 | Whether the copy of the notice regarding admissibility or non-admissibility of the claim of gratuity is sent the Controlling Authority. |
| 6 | Whether any accident or death has taken place in the previous year. |
| 7 | Nature of violation, if any found during the inspection. |
Checklist for MINIMUM WAGES ACT
| 1 | Name of scheduled employment. |
| 2 | Wage period and date of payment. |
| 3 | Whether the payment is being made at the rate prescribed under the Act. |
| 4 | Whether the payment is being made in stipulated wage period. |
| 5 | Whether the weekly rest is provided to the employees and payment for over-time work is made at the prescribed rate. |
| 6 | Whether the Register of Attendance, Payment of wages, Over time, Fine and Deductions are maintained in prescribed format. |
| 7 | Whether the establishment displayed the following notices in English and Telugu. ⢠Abstract of Minimum Wages Act, 1948 and the Rules of the Government of Telangana. Name and address of the Inspector. |
| 8 | Whether the scheduled employment submitted return in the prescribed format. |
| 9 | Nature of violation, if any found during the inspection. |
Checklist for Payment of wages Act
| 1 | Name and address of Pay Master. |
| 2 | Whether, the employer paid the wages to the employed persons on or before 7th (employing less than 1000 persons)/ 10th (employing more than 1000 persons) of every month. |
| 3 | Payment of wages in current coins/ currency notes. |
| 4 | Display the notice containing the abstract of the Act and the Rules made thereunder. |
| 5 | Whether the Register of Fine, Deduction, Advances, Attendance and Wages is maintained. |
| 6 | Whether wages slips are issued to the workman. |
| 7 | Whether wages rates, date of payment with name and address of Inspector is displayed prominently. |
| 8 | Whether abstract of Act and Rules is displayed. |
| 9 | Whether the Pay Master submitted the Return in the prescribed format. |
| 10 | Nature of violation, if any found during the inspection. |
Checklist for Equal Remuneration Act
| 1 | Whether a register in Form ‘D’ is maintained by the employer. |
| 2 | Whether there is any violation of section 4 of the Act. |
| 3 | Nature of violation, if any found during the inspection. |
Checklist for Payment of Bonus Act
| 1 | Whether Bonus paid to the employees . (under Section 10 ) |
| 2 | Quantum of bonus paid to the employees and number of employees benefitted |
| 3 | Whether a Register showing the computation of allocable surplus referred to in clause (4) of section 2 ,in Form A is prepared and maintained. |
| 4 | Whether a Register showing the set-on and set-off of the allocable surplus under section 15 in Form B is prepared and maintained |
| 5 | Whether a Register showing the details of the amount of bonus due to each of the employees, the deductions under sections 17 and 18 and the amount actually disbursed ,in Form C is prepared and maintained. |
Avik Gupta
Company Secretary
8076528319