One of Bangalore’s top labour lawyer, Ms K Sribhoomi Yesaswini jointly with Kartel Innovations has launched a comprehensive labour law compliance online software – Labour All, today. ‘Labour All’ — conceptualised and created by Ms Sribhoomi – Advocate, Kasturi Associates — was launched by Hon’ble Mr. Justice Ram Mohan Reddy, Judge –High Court of Karnataka and Commissioner for Labour Dr.D.SVishwanath, I.A.S.
Authorities from the Provident fund department, ESIC and the department of Factories were present as well.
Honble Mr Justice Ram Mohan Reddy, Judge High Court of Karnataka and Member, National E Committee said, “These 69 labour laws are not simple laws.
” This software developed by Sri Bhoomi will help every industry ask their simple questions and get simple answers. It will also help lawyers practising on the labour side in saving time.”
“The High Court of Karnataka is the only court in the country with wifi facility. We are now going digital where you can file petitions from home. I envisage a day when lawyers will sit in their chambers and argue their cases through video conferencing.”
Speaking at the launch, Ms Sribhoomi said, “Over the years, we have seen several cases against business establishments for non-compliance of certain sections of Labour laws even though some of them do go through regular audits . The underlying reason is the complex nature of these enactments and their interpretations. ‘Labour All’ is a comprehensive set of online labour law related software which aims at helping a factory, shop or establishment to assess its level of compliance and become further compliant by knowing what is to be done further .â€
The software has been developed by Bangalore-based Kartel Innovations, which will also market the software.
Labour law non-compliance a criminal offence
According to Ms Sribhoomi Yesaswini, there are 69 labour laws in Karnataka and that any business establishment has to comply with multiple enactments that are applicable to it. Criminal proceedings are initiated against establishmentswho are found to be non-compliant.
For instance, in the calendar year 2014 alone, as per the data available with the labour department, a total of 15,200 companies were criminally prosecuted under Labour Act and Factories Act. Under Factories Act alone 1698 violations were found and 209 prosecutions launched.  The department of labour conducted 2,39,345 inspections and found 1,42,498 violations. 61,414 companies rectified the defects and 14,984 prosecutions were launched under Labour Act. Out of these 6982 cases have been disposed and in 6345 cases, companies have been convicted. The total amount recovered by way of fine was Rs.2,22,67,559/-
“Having handled these prosecutions for several years, I realized there were several reasons for these prosecutions. The prominent reason is in many cases most companies are not aware of all the provisions in the enactments which are applicable to them. Also typically in any establishment the labour law compliance is not always assigned to legal teams and departments and it is difficult to be thorough labour laws†she explained.
Sribhoomi pointed out that ‘Labour All’ is a simple, easy to use, easy to understand and time-saving product. As a first step, Labour All would cover the most important labour laws in Karnataka.
Commending this software, Mr B.V. Acharya, Former Advocate General for six times, said, “The software is a boon to a common man to understand the implications of labour laws which an employer or owner/manager of an industry has to obey. The software gives required information in simple language without the use of legal jargon which helps an employer to comply with the legal requirements.â€
Explaining the need for this software, he said that an employer or owner of a factory or establishment has to abide by numerous laws both central and state. “They are liable to be prosecuted for many violations and in some cases the punishment extends to imprisonment also for varying terms. Hence there is great need for compilation of all the relevant provisions of law with particular reference to the duties and responsibilities of the employer and others in charge of the industry or factory,†he said.
About ‘Labour All’
Labour All is an online software, wherein everyone will have to log in to www.labourall.com and access the software online. It will be a yearly subscription and a person can log in any number of times into the web site and answer the questionnaire in a phased manner and at a comfortable pace. However, only four reports can be generated in a year. People are free to purchase the entire set of laws or create a combination of laws of their choice and the pricing would be according to the suite of laws they purchase. Voice assistance (with mute facility) has also been provided which reads out the questions to the user.
According to Sribhoomi, the method in which the product has been created is in the order of the sections in the Act. “For example, in the Shops and Commercial Establishments Act, from the first section to the last, wherever we found a requirement to be done by the employer to be compliant with the act, it was converted into a question which is very simple in language and not just a copy from the section. Sometimes the requirement is split into more than one question to make it easier,†she explained.
In case of any exception provided in the section, then it is ensured that people who are not covered do not end up answering unwanted questions too. “In this way we have covered certain labour enactments and are in the process of covering more enactments. By the end of December this year, we should have a fairly long list of labour laws on our Web site (www.labourall.com),†said Sribhoomi.
The laws covered under Labour all at present are The Factories Act,1948, The Karnataka Shops and commercial Establishments Act,1961, The EmployeesProvident Fund and Miscellaneous Provisions Act,1952, Employees state Insurance Act, 1948, Act, The Maternity Benefit Act,1961, The payment of wages Act,1936, The Payment of Bonus Act,1965,andEqual Remuneration Act, 1976. Additions will keep happening on a regular basis until all laws are covered.
According to Mr.Pradeep Kumar, Advisor, Kartel Innovations says, We have a marketing and sales team in place and database of potential customers. We have been in touch with these people and they have shown much interest in the product.
Future plans
Sribhoomi and Kartel Innovations plan to launch the product in a phased manner. In this calender year, all the 69 labour laws of Karnataka will be developed.
“Next, we will target the industrial states in India. Slowly, we want to bring this product to all the states in India. This is the entire vision,†said Ms.Bhoomi.
What HR and Legal Personnel have to say…
Commenting on the product, Mr P.L. Mathew, Senior General Manager, Bosch Ltd, said, “I have found the contents comprehensive, as it covers all the sections and provisions in a given Act. The language is simple and the contents are very well inter-linked. Every effort had been put in to include all details. In my opinion, this software may be of immense help for those who are involved in compliance.â€
Explaining about the product, Mr.Pranesh K.S, Herbalife said “This is a great opportunity to factories, shops, establishments etc. This is in question and answer form which is simple and user friendly. The software facilitates easy understanding to comply with all relevant provisions. This software makes the frequency of consultation with advocates would be reduced considerablyâ€.
