FAQs
Comprehensive Q&A bank for Labour law on concepts, compliance procedures and other issues pertaining to HR Policy, ESOPs, POSH Act and more.
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TOPICS
Can the employer seeking registration of an establishment apply in hard copy?
No, the registration can only be made electronically through the form available on the Shram Suvidha Portal.
What kind of details are required from the employer for making an application on the Shram Suvidha Portal?
The employer shall be required to provide details about the establishment, proof of identity and address of the employer(s). This is an indicative list and further details/ documents required should be confirmed from the Shram Suvidha Portal.
Will the establishments already registered under any other Central labour law be required to obtain new registration under the SS Code?
The employer in respect of an establishment already registered under any other central labour law (such as Employees' State Insurance Act, 1948, Employees' Provident Funds and Miscellaneous Provisions Act, 1952, etc.) shall be required to update the registration particulars on the Shram Suvidha Portal. Such establishment shall be deemed to be registered for the purposes of the SS Code.
When shall the certificate of registration be issued?
The electronic certificate of registration shall be issued immediately upon submission of the form if the application is complete in all respects, but not later than 7 days from the date of submission of the complete application.
When will the new/ deemed registration under the SS Code expire?
After 24 months from the date of new/ deemed registration in case of non-compliance of the provisions of the SS Code by the employer.
What is the process of registration of an employee in an establishment to which provisions of Employees' State Insurance (“ESI”) applies?
For every establishment to which the provisions of ESI under the SS Code are applicable, the employer shall be required to register every eligible employee by entering his name and Aadhaar number on the specified portal of the respective State Government or the Central Government. Further, the employer shall not be required to register such employees who are already registered under ESI.
Who is eligible for registration as a 'building worker' and what is the process for registration?
Every building worker who has: (a) completed 18 years of age but has not completed 60 years of age, and (b) been engaged in any building or other construction work for not less than 90 days during the preceding 12 months.
The eligible building worker shall submit an application form, electronically, with Aadhaar on self-declaration basis for registration to such authority on the specified portal of the Central Government.
Who shall bear the charges, if any, for registration or updating of particulars on the specified portal, in case of a building worker?
The charges may be borne by the Central Government or State Government or State Building Workers' Welfare Board or by the building worker, either partly or fully, as may be specified by the State Government.
Who is eligible for registration as an 'unorganised worker', 'gig worker' or 'platform worker' and what is the process for registration?
Every unorganised worker, gig worker or platform worker, who has completed the age of 16 years but not attained the age of 60 years, shall be eligible for registration.
The eligible unorganised worker, gig worker or platform worker shall submit an application form, electronically, with Aadhaar on self-declaration basis for registration to such authority on the specified portal of the Central Government. The unorganised worker, gig worker or platform worker shall be required to update particulars such as current address, current occupation, period of engagement with the concerned platform(s) or aggregator(s), mobile number, skill, or any other particulars, from time to time.
Who shall bear the charges, if any, for registration or updating of particulars on the specified portal, in case of unorganised worker, gig worker or platform worker?
Unorganised worker: The charges may be borne by the Central Government or State Governments or unorganised worker, either partly or fully, as may be specified by the appropriate Government.
Gig worker or platform worker: The charges may be borne by the Central Government or aggregators or gig worker or platform worker, either partly or fully, as may be specified by the Central Government.
What is the concept of 'one establishment – one registration' under the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”)?
The OSH Code has done away with the requirement of separate registrations under the subsumed labour law legislations, and a singular registration is to be made by every employer of any establishment covered under the OSH Code, whether new or existing, within 60 days from the date of applicability of the OSH Code.
What are the different processes for registration of an establishment under OSH Code?
New establishment: The employer seeking registration for an establishment not already registered shall apply electronically in the prescribed form on the Shram Suvidha Portal.
Deemed establishment: The employer of an establishment already registered under any other Central labour law for the time being in force shall update the particulars of the establishment on the Shram Suvidha Portal.
When shall the certificate of registration of an establishment be issued?
The electronic certificate of registration shall be issued immediately upon submission of the form if the application is complete in all respects, but not later than 7 days from the date of submission of the complete application.
What is the process to report any change in the ownership/management or any particular mentioned in the application submitted for registration?
If there is change in the ownership or management or in any particulars in the application of registration of establishment, the same can be intimated to the registering officer electronically who shall make the amendment within 30 days of such change.
What is the procedure required to be followed by the employer for the closure of the establishment?
Every employer of an establishment shall be required to inform the registering officer of the closing of establishment, with a self-certification along with the application for closure, within 30 days of the closing of such establishment. The self-certification shall also contain a certification as to the payment of all dues to the workers employed in such establishment.
What are the criteria for registration of trade unions under the Code on Industrial Relations, 2020 (‘IR Code”)?
Any 7 or more members of a trade union may apply for registration of the trade union under the IR Code: (i) by subscribing their names to the rules of the trade union, and (ii) by otherwise complying with the provisions of the IR Code with respect to such registration.
In addition to the above, no trade union shall be registered unless at least 10% of the workers or 100 workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration.
Under the IR Code, what is the status of trade union registered under Trade Unions Act, 1926?
Every trade union registered under the Trade Unions Act shall be deemed to have been registered under IR Code. Such trade union shall file with the Registrar appointed in accordance with the provisions of the IR Code, a statement that the constitution of the executive of the trade union is in accordance with the IR Code along with the updated rules of such trade union.
Once the trade union is registered, is it required to comply with the criteria of registration at all times?
A registered trade union of workers shall, at all times, continue to have not less than 10% of the workers or 100 workers, whichever is less, subject to a minimum of 7 workers, engaged or employed in an industrial establishment or industry with which it is connected, as its members.