Factory Under New Labour explained: this guide covers what Factory Under New Labour means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Overview
This article provides a detailed, layman-language explanation of Factory Under New Labour Codes under the OSH Code 2020 and applicable Rules. All amendments, notifications, and circulars up to March 2026 are incorporated.
Relevant provisions: Code.
What the Law Requires
Legal Framework
Code of the OSH Code 2020 establishes the framework for factory. The provisions cover: (a) applicability and coverage, (b) employer and employee obligations, (c) registration and compliance requirements, (d) benefits and entitlements, (e) record-keeping and returns, and (f) penalties for non-compliance.
Who Must Comply?
| Employer Type | Applicable? | Threshold |
|---|---|---|
| Factory / Manufacturing Unit | Yes (most labour laws) | Varies: 10/20 employees depending on Act |
| Shop / Commercial Establishment | Yes | State-specific thresholds |
| Company / LLP / Firm | Yes | Based on employee count and wages |
| Contractor / Principal Employer | Yes (Contract Labour Act) | 20 or more contract workers |
| IT / ITES / Service Sector | Yes (most laws apply) | Employee count thresholds |
| Startup / Small Business | Yes | Some relaxations available, but core compliance mandatory |
Detailed Explanation with Examples
Example 1: Rahul runs a 50-employee company in Faridabad. He must comply with EPF (contribution 12% each from employer and employee on basic + DA), ESI (if wages below Rs. 21,000), Gratuity (payable after 5 years of service), Bonus (8.33% minimum), Minimum Wages (as per Haryana schedule), and Shop & Establishment registration. Missing any of these invites inspector visits and penalties.
Example 2: Priya operates a garment factory with 100 workers, including 30 contract workers through a contractor. She must: (a) register the factory under the Factories Act, (b) ensure the contractor has a Contract Labour license, (c) comply with EPF/ESI for all workers, (d) maintain statutory registers and display notices, and (e) file annual and half-yearly returns.
Example 3: A startup with 15 employees paying salaries above Rs. 21,000/month is still covered under EPF (if 20+ employees, or voluntarily). It must comply with Minimum Wages, Payment of Bonus (if 20+ employees), Maternity Benefit, and Shop & Establishment registration from day one.
Key Facts About Factory Under New Labour
- Applies in: All states across India, under the relevant central law.
- Mode: Mostly online via the official government portal.
- Typical timeline: Ranges from a few days to a few weeks depending on the case.
- Non-compliance: May attract penalties, interest or late fees.
- Expert help: TaxClue completes Factory Under New Labour end to end for you.
What is factory?
Code of the OSH Code 2020 governs this. Covers eligibility, compliance, and penalties.
What is the penalty?
Varies: fines Rs. 5,000 to Rs. 5 lakh, imprisonment up to 3 years, interest on arrears, damages.
Over 90% of compliance penalties in India arise from missed due dates — timely handling of Factory Under New Labour can save businesses thousands of rupees each year.
Factory Under New Labour: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.