Often, companies undertake a very comprehensive internal audit of their processes and operations. But often, the legal, compliance aspects are ignored. We provide a few guidelines below to be fully compliant with Legal regulations, which is now the single biggest compliance risk.
It is very important that legality of Environmental Law should be verified that is EIA, Environmental Consent, etc. Also the compliance needs to be verified with respect to Factories Act regarding Factory Licence, Standing orders, etc.
Further factory could also need to have procedures for operational control and safety PPE's (Personal Protective Equipment) being used by personnel.
Emergency preparedness plans.
Technical assessment of manufacturing processes should be done to verify statutory compliance w.r.t. Factories Act and other applicable acts like, Minimum Wages, Apprenticeship Act, Migrant Labour Act, Environmental Act (Most Stringent), Batteries Act, etc.
Some of the applicable acts that need to be complied with are as follows. Depending upon which state the company is operating in or registered, applicable state laws need to be referred.
1. The Factories Act 1948 & The Rajasthan Factory Rules 1951
2. The Trade Unions Act 1926
3. The Industrial Employment Act 1946 (Standing Orders)
4. The Industrial Disputes Act 1947
5. The Contract Labor (Regulation & Abolition) Act 1970
6. The Minimum Wages Act 1948
7. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
8. The Workmen's compensation Act 1923 & The workmen's Compensation (Amendment) Act 2000
9. The Payment of Wages Act 1936 & The Payment of Wage Rules 1937
10. The Payment of Wages (Amendment) Act 2005
11. The Payment of Bonus Act 1965 & The Payment of Bonus Rules 1975
12. The Employee Provident Funds and Misc. Provisions Act 1952
13. The Payment of Gratuity Act 1972
14. The Employee State Insurance Corporation Act 1948
15. The Bonded Labor System (Abolition) Act 1976
16. The Child Labor (Prohibition & Regulation) Act 1986
17. The Equal Remuneration Act 1976
18. The Maternity Benefit Act 1961
19. The Environment Protection Act 1986
20. The Water Act 1974
21. The Water Cess Act 1977
22. The Air Act 1981
23. Rajasthan Control of Industrial Major Accident Hazards Rules 1991
24. The Weekly Holiday Act 1942