Introduction – Audit Under Labour Legislations

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Introduction

Introduction to the Audit under labour laws: It is a new concept, which is a necessity. In direct consequence of its non-compliance in large scale. Even after over six decades of attaining independence, India is still plagued with victimisation; non-compliance of labour legislation is still at large.

An analysis of these practices reveals that many employers resort to shortcut methods to avoid the compliance of labour legislation. Thus, there is no system in place for reporting noncompliance of labour legislation by an independent professional like Company Secretary. Workers in India report many cases relating to non-compliance of labour legislation by employers.

Social Justice has a guarantee by the Preamble of our Constitution. The Directive Principles of State Policy also provides that it shall be the endeavour of the State to promote the welfare of the people by effectively securing and protecting a social order in which social, economic and political justice shall inform all the institutions of national life.

Directive Principles provide –

• that the ownership and control of material resources of the community shall have a distribution as best to subserve the common good;
• That there should be equal pay for equal work for both men and women;
• That the State should endeavour to secure the health and strength of worker
• That State shall secure to all workers living wage, decent standard of living and free enjoyment of leisure.

Labour Audit envisages a systematic scrutiny of records prescribed under labour legislation by an independent professional like Company Secretary in Whole Time Practice (hereinafter referred to as PCS). Also, who shall report the compliance and non-compliance/extent of compliance and conditions of labour in the Indian industry/ Factory/ Other Commercial Establishments. The Report should ideally, be addressed to the appropriate government. Therefore, the appropriate government may provide for filing fees for such report on the lines of filing fees charged by Registrar of Companies for the documents filed with them.

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