Implementation of Labour Laws – List of suggestions by Ministry of Labour & Employment
F.No. A.12034/99/2018-AD. III(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Hudco Vishala Building, Bhikaji Cama Place,
R. K. Puram, New Delhi, Dated: 19.11.2018
All Chief Commissioners/Directorate
under Central Board of Excise & Customs.
Subject: Implementation of Labour Laws- Regarding.
I am directed to enclose herewith a copy of D.O. No. Z-20025/16/2018-LRC dated 23.10.2018 received from Ministry of Labour & Employment for information and necessary action.
Encl: As stated above.
Under Secretary to the Govt. of India
Tel. No.: 011-26162780
HEERALAL SAMARIYA, I.A.S.
Secretary to Govt. of India
MINISTRY OF LABOUR & EMPLOYMENT
SHRAM SHAKTI BHAVAN
October 23, 2018
As you aware that the Government of India and some of the State/UT Governments have been striving hard to bring about labour reforms with the objective of creation of job opportunities by creating an environment essential for development of business and industry. such reforms will not only reduce the compliance burden on establishments by simplifying way of doing business but also facilitate effective enforcement of labour laws leading to enhanced wage, job and social security for workers. It is also significant to underline that adoption and replication of best practices, taking legislative and administrative steps by all the State Governments is the need of the hour.
2. As “Labour” is a concurrent subject, labour laws are implemented by both Central and State Governments in their respective spheres. Therefore, reforms can take place only when both Central and State Governments actively take steps in rationalizing and simplifying the procedures as well as registers/ forms to be maintained under the Labour Laws. Further the governance reforms in Labour Administration will be effective only when both Central and State Governments take steps actively in reducing the complexity in compliance system and begin to work in synergy to realize the goal of providing one-stop-shop for labour law compliance to all the establishments of the states. Such active co-operation in ushering governance reforms will not only simplify the existing compliance system but would also ensure employment generation. Such Online and real time Labour Administration will also facilitate effective enforcement of labour laws & bring transparency and accountability in the enforcement mechanism. In this connection, we recommend that suggestions given at Annexure-I be implemented in your State as early as possible.
3. In view of the above, I would request you to kindly instruct the concerned Department [Labour Department and its IT Counterpart of the State] to implement the suggestions as listed out in annexure. Further, your personal intervention is also desired so that monitoring of the suggestions may be reviewed on regular basis. Initiatives undertaken by your State may also be intimated to this Ministry.
Chief Secretaries of all States/UTs
1. Hasmukh Adhia,
Department of Revenue,
Ministry of Finance,
2. Shri Rajiv Kumar,
Department of Financial Services,
Ministry of Finance,
Jeevan Deep Building,
3. Smt. Seema Bahuguna,
Department of Public Enterprises,
CGO Complex, Block No.14,
4. Shri Ramesh Abhishek,
Department of Industrial Policy & Promotion,
Ministry of Commerce & Industry,
5. Dr. Arun Kumar Panda,
Ministry of Micro, Small & Medium Enterprises,
List of Suggestions:-
1. All the Labour Laws, including any amendment, should be available online on the website of Labour Department of the States
2. Services such [Registratiom License, Return filing, Challan, Plan approval] should compulsorily be developed online
3. Labour Department of the State / UT Governments may develop and launch an Online Platform Portal for industries and Workers operating in the State to offer various services such as [Online Inspection System, Online Inspection Report, Registration, License, Renewal, Amendment, Return filing including Common Annual Return, Challan, Approval of Plan and other services as possible].
4. While developing such services, the following provisions may also be kept in view such as Fee Payment should be through online Payment Gateway, Complete Online Processing of documents and time bound online approval/ clearances cutting delay.
5. Introduction of Online Common Annual Return, Online Self Certification Scheme, Online Common Application Form.
6. Introduction of Online Inspection System should be a computerized system based on risk based criteria and along with provision of randomized allocation of inspections. In addition, provision for submission of Online Inspection Report within 48 hours on the State Portal.
7. After that, the State Labour Portal will be integrated with the Shram Suvidha-Portal of the Government of India. But before that, at least an updated database of business units of the state which gets updated in real-time through an online registration service for users of the state on State Government Labour Portal is a must. Once this process is completed, thereafter, services such registrations, return and inspections would be integrated on the Shram Suvidha Portal so that business get an one-stop shop for meeting their compliance requirements.