Impact of New Labour Codes on Contract Labour in India – Simple Guide for Businesses

 

📘 Contract Labour under India’s New Labour Codes – 

India has simplified labour regulations by introducing four new labour codes. These reforms aim to protect workers while making compliance easier for businesses.

One major area affected is contract labour — how companies hire workers through contractors.

The main laws governing this are:

• 📜 Occupational Safety, Health and Working Conditions Code, 2020

• 📜 Code on Social Security, 2020

• 📜 Industrial Relations Code, 2020

Understanding these rules is important for business owners, HR professionals, and compliance advisors.

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⚖️ Core Activity vs Non-Core Activity

The new labour codes focus on where contract labour can be used.

🔹 Core Activity

Core activity means the main business work of an organisation — the activity that generates revenue.

Examples:

Business	Core Activity	Contract Labour
🏭 Manufacturing company	Producing goods	❌ Generally not allowed
💻 IT company	Software development	❌ Generally not allowed
🏥 Hospital	Medical treatment	❌ Generally not allowed

For such activities, companies should normally hire regular employees or fixed-term employees.

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🔹 Non-Core Activity

Non-core activities are support services that help the business operate but are not the main work.

Examples:

Business	Non-Core Activity	Contract Labour
🏢 Office	Housekeeping	✅ Allowed
🏭 Factory	Security services	✅ Allowed
🏥 Hospital	Canteen management	✅ Allowed

These activities are commonly outsourced to contractors.

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📊 Threshold Limit Increased

Earlier, under the
Contract Labour (Regulation and Abolition) Act, 1970,
the law applied when 20 contract workers were employed.

Under the new labour codes:

✔ The law applies when 50 or more contract workers are engaged.

This change reduces compliance burden for smaller establishments.

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🪪 Single License for Contractors

The new framework allows contractors to obtain a single license valid across India.

Benefits include:

✔ Easier deployment of workers
✔ Reduced paperwork
✔ Simplified labour administration

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👨‍💼 Responsibility of the Principal Employer

Even when workers are hired through a contractor, the principal employer may still be responsible if the contractor fails to:

• pay wages

• follow labour laws

• provide welfare facilities

Therefore companies must monitor contractor compliance carefully.

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🚨 Common Mistakes Companies Make

Many businesses face labour disputes due to these mistakes:

❌ Using contract labour in core business activities
❌ Keeping contract workers continuously for many years
❌ Poor contractor agreements
❌ Not maintaining proper labour records
❌ Weak monitoring of contractor compliance

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📌 Practical Example

Activity	Core / Non-Core	Contract Labour
Machine operation in factory	Core	❌ Not allowed
Packaging support	Non-Core	✅ Allowed
Security services	Non-Core	✅ Allowed
Special technical installation	Exception	⚠ Possible

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Businesses should review their manpower structure, contractor agreements, and compliance systems to align with the new labour law framework.

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CA RAMAKRISHNA  SANJAY

📞 +91 77602 52581

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Worker vs Employee under India’s New Labour Codes – Meaning, Differences, Examples & Legal Impact

 

📘 Worker vs Employee under India’s New Labour Codes – Why the Difference Matters

India has consolidated 29 labour laws into four major labour codes to simplify compliance and strengthen worker protection. Understanding the difference between “Employee” and “Worker” under these codes is extremely important for businesses, HR professionals, and compliance advisors.

The key legislations are:

• Code on Wages 2019

• Industrial Relations Code 2020

• Code on Social Security 2020

• Occupational Safety Health and Working Conditions Code 2020

These codes use the terms Employee and Worker in different contexts, and the distinction directly impacts labour rights, employer obligations, and litigation exposure.

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👨‍💼 What is an “Employee”?

An Employee means any person employed on wages by an establishment to perform work such as:

✔ Skilled work
✔ Unskilled work
✔ Technical work
✔ Clerical work
✔ Managerial or administrative work

👉 In simple terms: Employee is a broad category covering almost everyone working for wages.

Examples of Employees

• Accountant in a company

• HR Manager

• Software engineer

• Factory supervisor

• Office assistant

All these individuals are employees under labour laws.

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👷 What is a “Worker”?

A Worker is a subset of employees.

A worker is typically someone engaged in:

✔ Manual work
✔ Skilled or unskilled labour
✔ Technical work
✔ Operational work
✔ Clerical work

However, the following are generally excluded:

❌ Managerial employees
❌ Administrative employees
❌ Supervisors above prescribed wage limits

👉 Therefore:

All Workers are Employees, but not all Employees are Workers.

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📌 Why This Classification is Extremely Important

Correct classification affects several labour law rights and employer obligations.

1️⃣ Industrial Dispute Protection

Under the Industrial Relations Code, only workers can raise disputes before labour authorities.

Example:
A factory labourer dismissed unfairly can approach the labour tribunal.

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2️⃣ Trade Union Rights

Only workers can:

✔ Form trade unions
✔ Participate in collective bargaining
✔ Strike under labour law provisions.

Managers or administrative employees cannot exercise these rights.

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3️⃣ Retrenchment and Termination Protection

When terminating workers, employers must follow strict procedures such as:

• Notice period

• Retrenchment compensation

• Government approval in certain cases

Failure to comply can result in labour litigation and penalties.

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4️⃣ Safety and Working Conditions

Under the Occupational Safety Health and Working Conditions Code, workers receive:

✔ Workplace safety protections
✔ Maximum working hours
✔ Overtime wages
✔ Welfare facilities

This is especially relevant in factories, construction sites, and industrial establishments

⚠️ Compliance Risk for Employers

Many companies misclassify employees by giving managerial titles such as:

“Assistant Manager” or “Team Leader”.

However, courts evaluate the actual nature of duties, not job titles.

If the work is clerical or operational, the person may legally be considered a Worker, resulting in:

• Retrenchment liability

• Labour court jurisdiction

• Union rights

This can significantly impact legal risk and compliance costs.

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CA RAMAKRISHNA SANJAY

7760252581

How Income from House Property is Taxed in India – Complete Beginner Guide

 

(A Simple Guide for Taxpayers)

Owning a house is not just an emotional investment — it also has tax implications. Under the Income Tax Act, 1961, income from house property is taxed under a separate head called “Income from House Property.”

This guide explains the basic concept in simple terms, so that property owners clearly understand how such income is calculated and taxed.

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📌 What is Income from House Property?

Income from house property refers to income earned from buildings or land attached to buildings.

👉 This typically includes:

• Rent received from letting out a house

• Deemed rent from property that is not actually rented

• Commercial buildings or residential properties given on rent

⚠️ Important Condition

For taxation under this head:

✔ The taxpayer must be the owner of the property
✔ The property must consist of building or land appurtenant to it

If these conditions are satisfied, income will be taxed under House Property, even if the property is used for business by the tenant.

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🏡 Types of House Property for Tax Purposes

1️⃣ Self-Occupied Property

A property used for your own residence is called self-occupied property.

✔ Annual value considered = Nil

However:

• Deduction for housing loan interest is allowed up to ₹2,00,000 per year (subject to conditions).

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2️⃣ Let-Out Property

A property given on rent is called a Let-Out Property.

Here, tax is calculated based on the actual rent or expected rent, whichever is higher.

Typical examples:

• Residential house rented to tenant

• Commercial building rented to business

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🧾 How Income from House Property is Calculated

The taxation follows a standard formula under the Income Tax Act, 1961.

Step-by-Step Computation

Step 1 — Determine Gross Annual Value (GAV)
Higher of:

• Expected rent

• Actual rent received

Step 2 — Less: Municipal Taxes Paid

Result → Net Annual Value (NAV)

Step 3 — Deductions Allowed

Two deductions are allowed under Section 24:

✔ 30% Standard Deduction (for repairs and maintenance)
✔ Interest on Housing Loan

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📊 Simple Example

Particulars	Amount
Annual Rent Received	₹3,00,000
Less: Municipal Taxes	₹20,000
Net Annual Value	₹2,80,000
Less: 30% Standard Deduction	₹84,000
Less: Interest on Loan	₹1,00,000
Taxable Income	₹96,000

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💡 Key Points Every Taxpayer Should Know

✔ Up to two houses can be treated as self-occupied
✔ Standard deduction of 30% is mandatory (no proof required)
✔ Housing loan interest deduction can be significant tax benefit
✔ Loss from house property can be set-off up to ₹2 lakh against other income
✔ Balance loss can be carried forward for 8 years

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CA RAMAKRISHNA SANJAY

7760252581

New Board Report Disclosure Rules 2025: Sexual Harassment Cases & Maternity Benefit Compliance Explained

📢 The Ministry of Corporate Affairs (MCA) has introduced new disclosure requirements in the Board’s Report under the Companies (Accounts) Second Amendment Rules, 2025.

Companies must now disclose:

✔ Sexual Harassment complaints at the workplace
✔ Compliance with the Maternity Benefit Act

This article explains who must report these disclosures, when they become applicable, and what details must be included in the Board’s Report.

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📌 Applicability of the New Disclosure

The new disclosure requirements become effective from 14 July 2025.

They apply to:

✔ Private Companies
✔ Public Companies
✔ Listed Companies

In short, every company preparing a Board’s Report under Section 134 of the Companies Act, 2013 must include these disclosures.

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1️⃣ Disclosure of Sexual Harassment Cases in Board’s Report

Companies are now required to report details of sexual harassment complaints received at the workplace during the financial year.

This requirement aligns with the Prevention of Sexual Harassment (POSH) Act, 2013.

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📊 Details to be Disclosed

The Board’s Report must include the following information:

✔ Number of sexual harassment complaints received during the year

✔ Number of complaints disposed of during the year

✔ Number of complaints pending for more than 90 days

These details must be based on records maintained by the Internal Complaints Committee (ICC).

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📌 Suggested Disclosure Format

Companies may present the disclosure in a simple table:

Particulars	Number
Complaints received during the year	XX
Complaints disposed during the year	XX
Complaints pending for more than 90 days	XX

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2️⃣ Disclosure of Compliance with Maternity Benefit Act

Another new requirement is disclosure regarding compliance with the Maternity Benefit Act, 1961.

This law protects the rights of women employees during pregnancy and maternity leave.

Companies must confirm that they follow maternity benefit provisions applicable to employees.

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📊 What Companies Must Report

The Board’s Report must confirm compliance with:

✔ Maternity leave provisions
✔ Payment of maternity benefits
✔ Protection of employment during maternity leave

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📌 Example Disclosure in Board’s Report

A simple disclosure may read:

“The Company confirms that it has complied with the provisions relating to maternity benefit as prescribed under the Maternity Benefit Act, 1961.”

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📌 Conclusion

The Companies (Accounts) Second Amendment Rules, 2025 introduce important disclosures that strengthen workplace governance and employee protection.

From 14 July 2025, companies must ensure their Board’s Report includes:

✔ Sexual harassment complaint details
✔ Confirmation of maternity benefit compliance

Companies should maintain proper coordination between HR departments, Internal Complaints Committee (ICC), and management to ensure accurate reporting.

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CA RAMAKRISHNA SANJAY

Chartered Accountant 

7760252581

AOC-1 Filing under Companies Act – Complete Guide for Companies

 

📊 Form AOC-1 is an important disclosure required while filing financial statements of companies that have subsidiaries, associates or joint ventures.

Many directors and finance teams are unaware of when this form becomes applicable and how it should be filed.

This article explains who needs to file AOC-1, when it must be filed, how to file it online and the latest rules applicable from 2025.

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What is Form AOC-1?

Form AOC-1 is a statement containing the salient features of financial statements of subsidiary companies, associate companies and joint ventures.

It is prescribed under:

✔ Section 129(3) of the Companies Act, 2013
✔ Rule 5 of the Companies (Accounts) Rules, 2014

Instead of attaching full financial statements of every subsidiary, the company provides key financial highlights through AOC-1.

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Who Needs to File Form AOC-1?

A company must prepare and attach AOC-1 if it has any of the following:

✔ Subsidiary company
✔ Associate company
✔ Joint Venture

This applies to:

• Private Limited Companies
• Public Limited Companies
• Listed Companies
• Section 8 Companies (if subsidiaries exist)

If a company does not have subsidiaries, associates or joint ventures, AOC-1 is not required.

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When Should AOC-1 be Filed?

AOC-1 is not filed separately.

It is attached with Form AOC-4 while filing financial statements with the Registrar of Companies (ROC).

Due date of AOC-4 filing

Financial statements must be filed within:

📅 30 days from the date of Annual General Meeting (AGM).

Therefore, AOC-1 is effectively filed within the same timeline.

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From When is AOC-1 Applicable?

AOC-1 became applicable from 1 April 2014 when the Companies Act, 2013 and Companies (Accounts) Rules came into force.

Recently, the Companies (Accounts) Second Amendment Rules, 2025 introduced revised formats of AOC-1 and related financial filing forms, strengthening disclosure requirements.

These revised formats become effective from 14 July 2025.

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How to File AOC-1 Online (Step-by-Step)

AOC-1 is filed electronically through the MCA portal as an attachment to AOC-4.

Step 1 – Prepare Financial Statements

Step 2 – Prepare AOC-1 Statement

Step 3 – Attach AOC-1 to AOC-4

Step 4 – Upload on MCA Portal

Penalty for Non-Filing

Failure to file financial statements including AOC-1 can lead to penalties under Section 137 of the Companies Act.

Company Penalty

₹1,000 per day of delay
Maximum ₹10,00,000

Officer Penalty

Up to ₹5,00,000

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Conclusion

Form AOC-1 plays a critical role in corporate transparency by providing stakeholders a clear view of a company’s group structure and financial performance of subsidiaries, associates and joint ventures.

CA RAMAKRISHNA SANJAY

7760252581

🌍 FEMA Filings in India – Complete Guide for Businesses, Startups & Professionals

Many businesses receive Foreign Direct Investment (FDI) but fail to complete the required reporting to the Reserve Bank of India (RBI). This may lead to heavy penalties under the Foreign Exchange Management Act, 1999 (FEMA).

This article explains all major FEMA filings(FLA return, FC-GPR, FC-TRS, FEMA filings) in simple terms, including due dates, applicability, and practical examples.

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📌 What is FEMA Compliance?

FEMA (Foreign Exchange Management Act, 1999) regulates all transactions involving:

✔ Foreign investment in India
✔ Investment by Indians outside India
✔ Cross-border borrowing
✔ Share transfer between residents and non-residents

Whenever such transactions happen, reporting must be done to RBI through the FIRMS portal and Authorized Dealer (AD) Bank.

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🧾 Major FEMA Filings Every Business Should Know

1️⃣ FLA Return (Foreign Liabilities and Assets)

The FLA return is an annual report filed with the RBI to disclose:

• Foreign investment received in India

• Overseas investment made by Indian entities

📅 Due Date: 15 July every year

👥 Who must file

• Companies receiving FDI

• Companies with overseas investment

• Companies with foreign borrowings

💡 Example
If a startup received foreign investment in FY 2025, it must file FLA Return by 15 July 2026.

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2️⃣ FC-GPR (Foreign Currency – Gross Provisional Return)

FC-GPR is filed when an Indian company issues shares to a foreign investor after receiving FDI.

📅 Due Date: Within 30 days of share allotment

📑 Documents required

• FIRC certificate

• KYC of foreign investor

• Valuation certificate (CA / Merchant Banker)

• Board resolution

• Shareholding pattern

3️⃣ FC-TRS (Transfer of Shares)

FC-TRS is required when shares are transferred between a resident and a non-resident.

📅 Due Date: Within 60 days of transfer or payment

Transactions covered:

✔ Resident selling shares to foreign investor
✔ Foreign investor selling shares to Indian resident
✔ Certain transfers between two non-residents

💡 Example
If an Indian promoter sells shares to a US investor, FC-TRS filing is mandatory.

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4️⃣ FDI-LLP Filings

When Limited Liability Partnerships receive foreign investment, reporting must be done using:

FDI-LLP-I

Reporting FDI received by LLP

📅 Due Date: 30 days from receipt of funds

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FDI-LLP-II

Reporting transfer of capital contribution in LLP

📅 Due Date: 60 days

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5️⃣ ECB-2 Return (External Commercial Borrowing)

Indian companies borrowing funds from foreign lenders must report the borrowing to RBI.

📅 Due Date: Monthly reporting within 7 working days of month end

This return provides details such as:

• Loan amount

• Interest rate

• Currency

• Outstanding balance

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6️⃣ ODI Filings (Overseas Direct Investment)

Indian companies investing outside India must comply with ODI reporting requirements.

Examples include:

✔ Setting up foreign subsidiary
✔ Acquiring shares in foreign companies
✔ Lending funds to overseas subsidiaries

Common ODI filings include:

• Initial investment reporting

• Annual performance report

• Disinvestment reporting

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⚠️ Penalty for Non-Compliance under FEMA

Failure to comply with FEMA reporting can lead to serious consequences.

Possible penalties include:

❗ Up to 3 times the amount involved
❗ RBI compounding proceedings
❗ Restrictions on foreign transactions

Example:

If ₹1 crore FDI is not reported, the penalty may go up to ₹3 crore.

Hence, timely FEMA compliance is critical.

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Professional guidance ensures error-free filings and regulatory compliance.

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📊 Quick Summary of FEMA Filings in India

FEMA Filing	Purpose	Due Date
FLA Return	Annual reporting of foreign assets & liabilities	15 July
FC-GPR	Issue of shares to foreign investor	Within 30 days of allotment
FC-TRS	Transfer of shares between resident & non-resident	Within 60 days
FDI-LLP-I	Reporting FDI received by LLP	Within 30 days
FDI-LLP-II	Reporting transfer of LLP capital	Within 60 days
ECB-2 Return	Monthly reporting of foreign loans	Monthly
ODI Filings	Overseas investment reporting	As applicable

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📢 Final Thoughts

India is becoming a global investment hub, attracting significant foreign capital across sectors.

Businesses receiving or planning foreign investment should maintain a robust FEMA compliance framework.

CA RAMAKRISHNA SANJAY

📞 Mobile: +91 77602 52581