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What are the Essential Labor Law Compliance Every MSME Must Follow in India?

What are the essential labor law compliances every MSME must follow in India (3)

For any business in India, including MSMEs (Micro, Small, and Medium Enterprises), complying with labor laws is critical to operations. It ensures that your business adheres to government regulations while safeguarding the rights and welfare of your employees. Ignoring these laws can lead to severe penalties, legal issues, and damage to your company’s reputation. Let’s break down the essential labor law compliances every MSME must follow in India in the simplest way possible.

1. REGISTRATION OF ESTABLISHMENT
The first step in complying with labor laws is registering your business under relevant acts. Depending on the type of work and the number of employees, your MSME might need to register under:
• Shops and Establishments Act: This act regulates working hours, wages, leave policies, and other employment conditions.
• Factories Act (if applicable): This is for businesses operating as manufacturing units.
Once registered, you’ll need to display your registration certificate at your workplace as proof of compliance.

2. MINIMUM WAGES ACT, 1948
This law ensures that all employees receive fair compensation for their work. As an MSME owner, you must:
Pay at least the minimum wage set by the state government for your industry.
Maintain all proper records of wages paid, attendance, and hours worked of every employee.
Regular updates to minimum wage rates are issued by the government, so it’s crucial to stay informed.

3. PAYMENT OF WAGES ACT, 1936
This act ensures that workers are paid on time. It applies to businesses employing less than 1,000 workers. Key points to follow include:
Payment should be made by the 7th of each month for businesses with fewer employees.
Deduct only authorized amounts like taxes or loan repayments from salaries.
Late payments can attract fines and other penalties.

4. EMPLOYEE PROVIDENT FUND (EPF)
EPF registration is mandatory for organizations employing 20 or more workers. It’s a savings scheme where both employer and employee contribute a portion of the salary to the fund. As an MSME owner, you must:
Apply for Employees’ Provident Fund (EPF) registration online.
Deduct 12% of the employee’s basic salary and match the contribution as the employer.
File monthly returns and remit the contributions before the due date.
The EPF scheme provides financial security to employees and is an important compliance requirement.

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5. EMPLOYEE STATE INSURANCE (ESI)
ESI registration is compulsory for businesses employing 10 or more workers earning up to ₹21,000 per month. It is a social security scheme that provides medical and financial benefits to employees. Here’s what MSMEs need to do:
Register your business under the Employees’ State Insurance Corporation (ESIC).
Employers must contribute 3.25% of the employee’s salary, while 0.75% is deducted from the employee’s wages.
File ESI returns and maintain accurate employee records.
This compliance helps ensure employee welfare and protects businesses from liability during medical emergencies.

6. PROFESSIONAL TAX
Professional tax is levied by state governments and applies to salaried employees and business owners. As an MSME, you are responsible for professional tax registration and collection. Key steps include:
Deduct the prescribed amount from employees’ salaries.
Remit the collected tax to the state government.
File professional tax returns as per the due dates.

7. GRATUITY ACT, 1972
Gratuity is a benefit given to employees who have completed five years of continuous service with the organization. MSMEs must:
Calculate gratuity based on the employee’s last drawn salary and years of service.
Pay the amount within 30 days of an employee’s exit.
Maintain proper records of gratuity payments.
This act helps build trust and ensures long-term employee satisfaction.

8. EQUAL REMUNERATION ACT, 1976
According to this law, men & women should receive equal pay for equal work. As an MSME owner:
Offer equal wages for employees performing the same duties, regardless of gender.
Maintain records of salaries, promotions, and hiring practices to prove compliance.
Discrimination in wages or work conditions can attract legal action.

9. PAYMENT OF BONUS ACT, 1965
This Act applies to those businesses with 20 or more workers. Key points include:
Pay an annual bonus to eligible employees earning up to ₹21,000 per month.
The minimum bonus is 8.33%, and the maximum can be 20% of the salary.
Maintain accurate records of bonus calculations and payments.
Bonuses help motivate employees and improve workplace productivity.

10. COMPLIANCE WITH MATERNITY BENEFIT ACT, 1961
This law provides benefits to female employees during maternity. As an MSME, you must:
Grant 26 weeks of paid maternity leave to eligible employees.
Ensure job security during and after the maternity leave period.
Provide medical bonuses and other prescribed benefits.
Supporting women employees enhances workplace inclusivity and compliance.

11. ADVISORY AND COMPLIANCE AUDITS
To ensure you’re meeting all labor law requirements, it’s beneficial to conduct regular advisory and compliance audits. These audits:
Identify gaps in your current compliance practices.
Help you stay updated on new labor laws and amendments.
Reduce the risk of penalties or legal issues.
Engaging with experts for audits can make compliance management smoother and more effective.

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12. PAYROLL MANAGEMENT
Proper payroll management is an essential part of labor law compliance. It involves:
Accurately calculating salaries, deductions, and benefits.
Generating payslips and maintaining employee records.
Ensuring timely payments and compliance with tax laws.

13. IMPORTANCE OF COMPLIANCE FOR MSMES
Labor law compliance is not just a legal requirement but also a tool for business growth. Here’s why it matters:
• Avoid Penalties: Non-compliance can lead to hefty fines and legal actions.
• Employee Retention: Following labor laws builds trust and keeps employees satisfied.
• Enhanced Reputation: A compliant business is more likely to attract clients and investors.
• Business Continuity: Staying on the right side of the law ensures smooth operations.

14. HOW TO STAY COMPLIANT
Managing labor law compliance can be challenging for MSMEs. Look at these things that make it easier—
• Stay Updated: Regularly check for updates to labor laws applicable to your business.
• Use Technology: Invest in software for payroll management and compliance tracking.
• Hire Experts: Engage consultants or firms specializing in labor law compliance.
• Train Your Team: Educate your HR and admin staff about compliance requirements.

CONCLUSION
Labor law compliance is a crucial responsibility for every MSME in India. From ESI registration to payroll management, adhering to these laws protects your employees and secures your business from legal risks. While it may seem complex, taking small steps and seeking expert advice can simplify the process. Remember, compliance isn’t just about following rules—it’s about building a sustainable and trustworthy business.

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CA Chetan Agarwal

CA Chetan Agarwal

CA Chetan Agarwal, a Charted Accountant, is an experienced Labour Law Advisor with a deep understanding of India’s complex labour regulations.

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