Legal ADDA

  • Chartered Accountant Services - Legal & Business Consultant

Legal ADDA

Call: 97263 65804
WhatsApp
Menu

ISMW Registration Consultant in Gujarat

Looking to register for the Inter-State Migrant Workmen (ISMW) Act in Gujarat? An ISMW registration consultant in Gujarat can simplify the process by providing expert guidance on legal requirements, documentation, and compliance. These professionals ensure your establishment meets all obligations under the ISMW Act, from registering migrant workers to implementing welfare measures like healthcare, housing, and fair wages. By hiring an ISMW registration consultant in Gujarat, you can avoid delays, penalties, and legal hassles while ensuring the safety and well-being of your migrant workforce. Their in-depth knowledge and streamlined approach make compliance effortless, allowing you to focus on your business operations.

Do You Required Inter-State Migrant Workmen (ISMW) Registration?

ISMW Registration in Gujarat Under the ISMW Act, 1979

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW) is a vital law aimed at protecting the rights and welfare of migrant workers in India. It applies to establishments or contractors employing five or more migrant workers from other states, ensuring their working conditions, wages, and essential benefits are safeguarded. The Act mandates that employers register under it, maintain records, and comply with provisions for safety, welfare, and fair treatment. It also ensures that employers provide necessary facilities like accommodation, transportation, medical care, and timely payment of wages. The ISMW seeks to prevent exploitation, create a safer work environment, and promote social security measures for migrant workers, contributing to fair labour practices and a more secure future for them.

Applicability and Eligibility Criteria for ISMW Registration in Gujarat

The Inter-State Migrant Workmen (ISMW) in Gujarat is designed to provide support and welfare measures to migrant workers. Below are the general applicability and eligibility criteria for ISMW registration Consultant in Gujarat:

Applicability

  1. Target Beneficiaries:
    • Migrant workers who move from one state to another or within the state for employment.
    • Workers employed in the unorganized sector, including construction, agriculture, manufacturing, and other labour-intensive industries.
  2. Scope:
    • The scheme is applicable to migrant workers who are not covered under any other social security schemes.
    • It focuses on providing access to basic amenities, healthcare, education, and financial assistance during crises.

Eligibility Criteria

  1. Residency and Employment:
    • The worker must be a migrant labour working in Gujarat but originally from another state or region.
    • Alternatively, the worker may be a Gujarati migrant working in another state but seeking benefits under the scheme.
  2. Employment Sector:
    • The scheme primarily targets workers in the unorganized sector, including:
      • Construction workers
      • Agricultural labours
      • Domestic workers
      • Workers in small-scale industries
  1. Income Threshold:
    • The worker’s income should fall below a specified threshold (as defined by the Gujarat government) to qualify for benefits.
  2. Registration Requirements:
    • The worker must possess valid identification documents, such as:
      • Aadhaar card
      • Proof of employment (e.g., employer certificate, labour card)
      • Proof of migration (if applicable)
    • The worker must register under the ISMW portal or through designated labour offices.
  3. Exclusions:
    • Workers already covered under other state or central government welfare schemes may not be eligible.
    • Formal sector employees with access to social security benefits (e.g., EPFO, ESIC) are generally excluded.

Legal Penalties for Non-Compliance with ISMW Act in Gujarat

  1. Imprisonment: Employers found in violation of the ISMW Act can face up to 1 year in prison.
  2. Fine: A fine of up to ₹1,000 can be imposed for non-compliance.
  3. Additional Fine: An additional fine of up to ₹100 per day can be charged for continuing violations after the first conviction.
  4. Repeated Violations: Continued failure to comply may lead to higher fines and prolonged penalties.

It is essential for employers to comply with the ISMW Act and consult an ISMW Registration Consultant in Gujarat to avoid these legal consequences.

Required Documents for ISMW Registration

To register under the ISMW Act, employers and contractors must submit the following documents:

For Employers (Establishments):

  1. Owner Aadhar Card
  2. Owner PAN Card
  3. Mobile and Email
  4. Shop Establishment Certificate
  5. PF Registration Certificate
  6. ESIC Registration Certificate
  7. Company Details (PAN,CIN,MOA-AOA/Deed)
  8. Principal Employer Declaration
 

For Contractors: 

  1. Owner Aadhar Card
  2. Owner PAN Card
  3. Mobile and Email
  4. Shop Establishment Certificate
  5. PF Registration Certificate
  6. ESIC Registration Certificate
  7. Company Details (PAN,CIN,MOA-AOA/Deed)
  8. Declaration of Principal Employer
  9. Work Order/ Contract
  10. Declaration by Contractor
  11. Contractor’s Manager Aadhar Card

After document submission, an ISMW registration consultant in Gujarat ensures accuracy and timely processing. Once approved, the registration or license is granted, ensuring compliance with the ISMW Act.

Documents List For Employers ISMW Registration in Gujarat
Documents Checklist for Contractor ISMW Registration in Gujarat

Government Fees & Charges for ISMW Registration in Gujarat

Government Fees for ISMW Registration:

  1. Up to 5 workers – ₹100
  2. 6 to 20 workers – ₹500
  3. 21 to 50 workers – ₹1,000
  4. 51 to 100 workers – ₹2,000
  5. 101 to 200 workers – ₹4,000
  6. 200+ workers – ₹5,000

Our Consultancy Charges:

  1. One-Time Fee: ₹20,000 (Covers ISMW registration, licensing, and compliance)
  2. Per Labor Charge: ₹150 (Includes worker registration and documentation)

Key Labor Laws for Migrant Workers in Gujarat

  1. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW Act): This law ensures the welfare and protection of migrant workers. It mandates the registration of employers and contractors who employ five or more migrant workers and requires them to provide adequate facilities like accommodation, transportation, medical care, and timely payment of wages.
  2. Factories Act, 1948: Governs the working conditions, hours, and safety measures in factories, including for migrant workers, ensuring they work in safe and healthy environments.
  3. Minimum Wages Act, 1948: This law guarantees that migrant workers are paid at least the minimum wage set by the government for the type of work they perform.
  4. Payment of Wages Act, 1936: Ensures that migrant workers receive their wages on time without unauthorized deductions.
  5. Employees’ Compensation Act, 1923: Provides compensation to migrant workers in case of injury, disability, or death while performing their duties.
  6. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: Prohibits the employment of children and adolescents as migrant laborers under hazardous conditions, ensuring their protection.
  7. Contract Labour (Regulation and Abolition) Act, 1970: Regulates the employment of contract labor, including migrant workers, ensuring their welfare and preventing exploitation.
  8. The Equal Remuneration Act, 1976: Ensures that migrant workers, regardless of gender, are paid equally for equal work performed.

These laws aim to safeguard the rights and welfare of migrant workers, promoting fair working conditions, social security, and legal protections in Gujarat.

ISMW Registration Procedure Explained

  1. Eligibility Check: Confirm if your establishment employs five or more migrant workers from other states.
  2. Document Preparation: Gather necessary documents, such as business registration, PAN card, worker details, and proof of welfare provisions.
  3. Application Submission: Submit the completed ISMW registration form and documents to the Labour Department.
  4. Fee Payment: Pay the applicable government fee based on the number of workers.
  5. Verification: The Labour Department will verify the application and documents.
  6. Registration Issuance: Once verified, the ISMW registration or license will be issued.
  7. Ongoing Compliance: Maintain records and ensure continuous adherence to welfare and safety standards.

This procedure ensures compliance with the ISMW Act and protects the rights of migrant workers.

Renewal and Validity of ISMW Registration in Gujarat

Validity: The ISMW registration is typically valid for one year from the date of issuance.

Renewal Process:

  • Employers or contractors must apply for renewal before the registration expires.
  • Submit the renewal application along with updated details of migrant workers, proof of ongoing compliance with welfare provisions, and any changes in business operations.
  • The renewal application must be submitted to the Labour Department in Gujarat for review and approval.

 Renewal Fee: The renewal fee will follow the same fee structure as the initial registration based on the number of migrant workers.

 Penalties for Delay: If the registration is not renewed on time, employers may face penalties or fines for non-compliance with the ISMW Act.

Non-Renewal: Failure to renew the ISMW registration can result in the revocation of the license, making it illegal to employ migrant workers under the ISMW Act.

ISMW Registration - Get Quotation

ISMW Registration Proposal
FAQs About ISMW registration in Gujarat

Any employer or contractor who employs five or more migrant workers from other states is required to register under the ISMW Act in Gujarat.

The ISMW registration is valid for one year and must be renewed before expiration.

Employers must provide housing, medical care, transportation, and ensure timely wage payments to migrant workers as part of the welfare provisions under the Act.

No, if you employ five or more migrant workers, registration under the ISMW Act is mandatory.