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SHRAM SUVIDHA
Shram Suvidha Portal facilitates businessmen to get all kinds of registrations and submit returns that are required under labour laws at a single online window.
It also makes available to them the inspection reports prepared by the enforcement agency inspectors online.
The procedures have been simplified; returns and registration forms have been unified to provide a business environment that encourages compliance by reducing transaction costs and promoting ease of business.
The objective of Portal is to consolidate information on Labour Inspection and its enforcement.
It will lead to transparency and accountability in inspections. The compliances would be reportable in Single Harmonized Form which will make it simple and easy for those filing such forms.
The performance will be monitored using key indicators thus making the evaluation process objective. It promotes the use of a common Labour Identification Number (LIN) by all Implementing agencies.
Any worker aged between 16 and 59 and working in the unorganized sector is eligible for the e-Shram card.
It aims to improve the implementation efficiency of the social security services for unorganized workers.
E-SHRAM CARD
Under the umbrella of many important schemes launched by the central government, E-Shram cards come as a big scheme to provide assistance to the labour class.
Unorganized sector workers can get financial help in any corner of the country by registering for an e-shram card.
- Registration can be done for the e-shram card in 3 easy ways.
- Self-registration can be done through the e-shram website http://eshram.gov.in
- Registration can also be done through Common Service Centers.
- The regional offices of the state government in the districts/sub-districts are also doing the Registration.
It is necessary for the workers to have an Aadhar card, a mobile number linked with Aadhaar, and a bank account to register on the e-shram portal.
Workers registering with the e-shram portal will get an insurance benefit of up to Rs 2 lakh. This is under the Pradhan Mantri Suraksha Bima Yojana.
If the worker dies in an accident or becomes completely physically disabled, then a sum of Rs 2 lakh and in case of partial disability Rs 1 lakh is given.
To register for the e-SHRAM site, the person must have an Aadhaar number, Aadhar connected cellphone number, and a bank account number.
Also, the Age of the person applying should be between 16-59 years.
ESIC - EMPLOYEE STATE INSURANCE CORPORATION
ESI stands for Employee State Insurance managed by the Employee State Insurance Corporation (ESIC) which is an autonomous body created by the law under the Ministry of Labour and Employment, Government of India.
The ESI scheme was started for Indian workers. The workers are provided with a huge variety of medical, monetary, and other benefits under the ESI Act from the contributions made by both the employer and employee towards the ESI scheme.
It is mandatory when employees are more than 10 and employees should be earning less than Rs 21,000/-
The employer is required to pay his contribution and deduct employees’ contribution from wages and deposit the same with ESIC within 15 days from the last day of the calendar month in which the contribution falls due.
Current Rate Reduced Rate
Employer share 4% 3.25%
Employee share 1% 0.75%
Total 5% 4%
For employees whose gross earning are less than Rs 15000 per month then entity needs to contribute 4.75% and employee needs to contribute 1.75% towards ESI contribution.
Once the employee earns more than 21000, the contributions towards ESI should continue to the end of the contribution cycle.
Each contribution cycle lasts for six months.
- April- September ( to be filed by 12 November)
- October-March (to be filed by 12 May)
Upper cap is Rs 25,000/- for employees with disability.
The state government bears 1/8 share of the cost of medical benefits.
Filing is done half-yearly and annually.
All changes made to the employees during the year must be intimated to the department at the time of filing the annual return.
The monthly challan copy must be submitted at the time of filing returns and all the particulars regarding the contribution made must be mentioned in the employee’s register.
The establishment must maintain a register of wages, attendance register, inspection book, etc.
EPF-ECR report is necessary for for filing EPF returns and ESIC report for filing ESI returns
MANDATORY COMPLIANCE FOR PRIVATE LIMITED COMPANY
1-4 is important compliance which must be completed at any cost.
COMP #1
COMP #2
COMP #3
COMP #4
COMP #5
COMP #6
COMP #7
COMP #1
Appointment of Auditor
One of the first orders of business after having obtained your company’s certificate of incorporation is the appointment of the first auditor of the company, Within 30 days from the date of registration of the company, the board of directors must call a board meeting and appoint an auditor for the company.
In case the board fails to appoint an auditor within the above timeline, it is required to inform the members of the company, who may then within 90 days of such intimation appoint the first auditor of the company at an extraordinary general meeting. The tenure of the auditor so appointed is to be till the conclusion of the first annual general meeting.
COMP #2
Disclosure of Director’s Interests & Declaration Regarding Disqualification
The directors of the company are required to disclose their concern interest in other companies or body corporates, firms or other associations of individuals and declare that they are not disqualified (as per Section 164).
These disclosures are to include directorship and shareholding Likewise, this is an ongoing compliance task.
Directors must disclose their other interests from time to time as required by the Companies Act.
COMP #3
Registered Office
On and from the 15th day of its incorporation and times thereafter, the company is required to have a registered office capable of receiving and acknowledging communication and notices.
The company is required to file a verification of the registered office with the Registrar of Companies within a period of 30 days of its incorporation in Form INC-22.
Furthermore, every company must
• Paint or affix its name, and the address of its registered office and keep the same painted affixed on the outside of every office or place in which its business is carried on in a conspicuous position and in legible letters. This board must be in one of the languages in general use in that locality
• Have its name engraved in legible characters on its common seal if any.
• Get its name, address of its registered office, and the Corporate Identity Number (CIN) along with telephone number, fax number (if any), e-mail, and website addresses (if any) printed in all its business letters, billheads, letter papers and in all its notices and other official publications
• In case of any default in complying with any of these requirements, a company and every officer who is in default shall be subjected to a penalty of 1000 for every day during which the default continues and not exceeding 1,00,000
COMP #4
Issue of Share Certificates to Subscribers
Within a period of two months from the date of incorporation, every company must deliver the share certificates to the subscribers of the memorandum.
Moreover, this means that the subscriber has to remit the agreed subscription amount within 60 days from the date of incorporation.
Failure by the company to deliver the certificates will attract a fine not less than Rs 25,000 but which may extend to Rs 5,00,000. Every officer of the company who is in default can be punished with a fine, not less than Rs 10,000 but which may extend to Rs 1,00,000.
COMP #5
Letterhead & Statutory Registers (Logistical Compliance)
Mandatory particulars on the letterhead company identification number (CIN), registered office address, email of the company website address (if any), and telephone number have to be set up.
The statutory registers must be kept updated with these details.
COMP #6
PAN & TAN (Logistical Compliance)
You need to obtain a Permanent Account Number (PAN) and Tax Account Number (TAN) in the name of the company.
COMP #7
MGT 14 (Logistical Compliance)
There must be an intimation to the RoC for certain resolutions passed at any meeting between directors or members of the company through form MGT 4.
Further, such filings should be made within 30 days of passing or a penalty may be levied.
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