What does an HR compliance audit in India cover?
An Indian HR compliance audit covers 13 statutory areas - EPF, ESI, PT, TDS, Factories, Minimum Wages, Payment of Wages, Bonus, Gratuity, Contract Labour, Maternity, POSH, and Apprentices. Each is checked for registration, contribution, registers, return filing, and inspection readiness. Run a full audit yearly and a focused payroll audit monthly.
What Every Auditor Verifies
Registration validity
Factory licence, Shops Act RC, EPF and ESI registration certificates current.
Contribution accuracy
PF, ESI, PT, TDS, and LWF amounts match wage definitions and slabs.
Register completeness
Every statutory register filled, signed, and preserved for the prescribed period.
Return timeliness
Monthly, quarterly, half-yearly, and annual returns filed by due date.
13 HR Compliance Audit Checklists
Each card lists the parent Act, audit cadence, and Section-cited checkpoints. Use these as inspection-ready templates.
EPF Audit Checklist
EPF & MP Act, 1952 + EPF Scheme, 1952
- UAN generated and linked for every employee
- Employee share 12 percent deducted on basic + DA
- Employer share 12 percent computed correctly (8.33 percent to EPS, 3.67 percent to EPF)
- Monthly ECR uploaded to EPFO unified portal by 15th of next month
- PF challan paid by 15th of following month (Para 38 of EPF Scheme)
- Form 5 filed for new joiners and Form 10 for exits (Para 36)
- Annual Form 6A and Form 3A reconciled (Para 43 and 35)
- KYC seeded for UAN: Aadhaar, PAN, bank account
- Inoperative accounts list reviewed annually
- EPFO inspection register maintained
ESI Audit Checklist
ESI Act, 1948 + ESIC Regulations, 1950
- IP number issued for every employee earning up to Rs 21,000 (Rs 25,000 for disabled)
- Employee share 0.75 percent and employer share 3.25 percent deducted
- Contribution paid by 15th of next month
- Form 6 register of employees maintained (Regulation 32)
- Form 7 wage register maintained
- Half-yearly return Form 6 filed by 11 November and 11 May
- Accident report Form 12 filed within 24 hours
- IP cards distributed and dispensary mapped
- New joiner Form 1 declaration filed within 10 days
- Contribution paid for both contribution periods (Apr-Sep, Oct-Mar)
Professional Tax Audit Checklist
State Professional Tax Acts
- PTEC (Enrollment) and PTRC (Registration) certificates active
- State-wise PT slab applied per employee work location
- PT shown as a separate deduction on payslip
- Monthly return filed on state PT portal
- Annual return filed by state-specific due date
- Maharashtra PTRC return filed monthly if PT >= Rs 1 lakh annually
- Karnataka PT paid by 20th of next month
- PTEC paid by 30 June for self-employed and directors
- Late payment interest at state-prescribed rate avoided
- New office locations registered for state PT within 30 days
TDS on Salary Audit Checklist
Income Tax Act, 1961 - Section 192
- PAN of every employee captured before TDS calculation
- Old vs new regime declaration collected from each employee
- TDS calculated on annualised salary projection
- TDS deposited by 7th of next month (Section 200)
- Quarterly Form 24Q filed by 31 July, 31 Oct, 31 Jan, 31 May
- Form 16 issued by 15 June (Rule 31)
- Form 12BB declaration collected for 80C, 80D, HRA, home loan
- Surcharge and cess applied correctly on slab
- Section 89(1) relief computed for arrears
- Higher TDS at 20 percent applied where PAN not furnished (Section 206AA)
Factories Act Audit Checklist
Factories Act, 1948 + state Factories Rules
- Factory licence renewed and prominently displayed (Section 6)
- Form 2 Register of Adult Workers maintained
- Form 11 Notice of Periods of Work displayed (Section 61)
- Form 12 Register of Overtime maintained (Section 59)
- Working hours within 9 per day and 48 per week (Section 51, 54)
- Rest interval of 30 minutes after 5 hours (Section 55)
- Spread-over within 10.5 hours (Section 56)
- Quarterly OT cap respected (Section 64)
- Women workers register Form 14 maintained (Section 66)
- Form 13 Accident Register and Form 18 dangerous occurrences (Section 88)
- Canteen for 250+ workers, restrooms, creche, drinking water provided (Sections 42-48)
- Annual return Form 21 and half-yearly Form 22 filed
Minimum Wages Audit Checklist
Minimum Wages Act, 1948 + Central Rules, 1950
- Latest state minimum wage notification applied
- Correct skill category assigned: unskilled, semi-skilled, skilled, highly skilled
- Zone classification correct for the work location
- VDA component updated on notification
- Overtime paid at twice the ordinary rate (Section 14)
- Form I Register of Fines maintained (Rule 21)
- Form II Register of Deductions for damage maintained
- Form III Annual Return submitted
- Form IV Overtime Register maintained
- Form V Wages Register and Form VI Wage Slip issued
Payment of Wages Audit Checklist
Payment of Wages Act, 1936
- Wage period not exceeding 1 month (Section 4)
- Wages paid by 7th of next month (less than 1,000 workers) or 10th (Section 5)
- Wages paid in current legal tender, cheque, or bank credit (Section 6)
- Total deductions within 50 percent of wages (Section 7)
- Fines under standing orders only, capped at 3 percent of wages
- Form I Register of Fines maintained
- Form II Register of Deductions for damage maintained
- Form III Register of Advances maintained
- Form IV Annual Return filed
- Inspector visit register signed
Bonus Audit Checklist
Payment of Bonus Act, 1965 + Rules, 1975
- Eligibility verified: wages up to Rs 21,000 and 30 days worked
- Bonus calculated at minimum 8.33 percent of wages
- Maximum bonus capped at 20 percent of wages
- Calculation wage capped at Rs 7,000 or state minimum wage, whichever higher
- Bonus paid within 8 months from close of accounting year (Section 19)
- Form A Computation of Allocable Surplus filed (Rule 4)
- Form B Set-On and Set-Off Register maintained
- Form C Register of Bonus Paid maintained
- Form D Annual Return submitted (Rule 5)
- Eligible employees informed in writing
Gratuity Audit Checklist
Payment of Gratuity Act, 1972 + Central Rules, 1972
- Form A Notice of Opening filed (Rule 3)
- Form F Nomination collected at joining (Rule 6)
- Gratuity formula applied: (last drawn salary x 15/26) x completed years
- 5-year continuous service rule respected (Section 4)
- Death/disability waiver applied (proviso to Section 4)
- Payment within 30 days of becoming payable (Section 7)
- Form L Notice for Payment issued (Rule 8)
- Gratuity tax exemption up to Rs 20 lakh applied
- Gratuity fund or LIC group gratuity scheme set up for funded liability
- Actuarial valuation conducted annually
Contract Labour Audit Checklist
Contract Labour (R&A) Act, 1970 + Central Rules, 1971
- Principal employer Registration Certificate (RC) obtained
- Contractor Licence valid and on file
- Form XII display of contractor info at workplace
- Form XIII Register of Workmen maintained
- Form XIV Employment Card issued to every contract worker
- Form XVI Muster Roll maintained daily
- Form XVII Register of Wages maintained
- Form XIX Wage Slip issued
- Form XX Register of Deductions and Form XXI Register of Fines
- Form XXIV Half-Yearly Return filed by 30 July and 30 January
- Wages paid to contract workers in the presence of principal employer representative
Maternity Benefit Audit Checklist
Maternity Benefit Act, 1961 (amended 2017)
- 26 weeks paid maternity leave for first two children (Section 5)
- 12 weeks paid maternity leave for third child onwards
- 12 weeks paid leave for adopting or commissioning mothers
- Work-from-home option offered where work nature permits
- Creche facility for establishments with 50+ employees (Section 11A)
- 4 creche visits permitted daily
- No termination during maternity leave (Section 12)
- Medical bonus paid where pre-natal care not provided
- Form D notice of claim and Form K notice of payment
- Form L annual return filed (Rule 16)
POSH Act Audit Checklist
POSH Act, 2013
- Internal Committee constituted for 10+ employees (Section 4)
- External member from NGO or legal background included
- POSH policy circulated and acknowledged
- POSH posters displayed at workplace
- IC members trained at least once a year
- Quarterly awareness session conducted
- Complaint mechanism with confidentiality maintained
- Annual report submitted by 31 January (Section 21)
- IC orders implemented within 60 days
- Cross-establishment LCC referenced where IC not feasible
Apprentices Act Audit Checklist
Apprentices Act, 1961 + Apprenticeship Rules, 1992
- Registered on Apprenticeship Portal of DGT
- Target apprenticeship ratio 2.5 to 15 percent of total workforce
- Apprenticeship contract signed in Form Apprenticeship-1
- Stipend paid as per Apprenticeship Rules, 2019
- Quarterly return Form Apprenticeship-3 filed
- Training records, attendance, and assessment maintained
- Skill assessment by NCVT or SCVT conducted
- Final trade test and certification issued
- Provident Fund not deducted on stipend (Section 18)
- No bond binding apprentice to employer after training
When to Run Each Audit
Month-wise compliance cadence. Pin this to the payroll wall.
| Month | Task |
|---|---|
| Every Month | PF ECR upload, ESI contribution, PT return, TDS deposit, Form 5/10 EPF |
| Quarterly | Form 24Q TDS, Apprenticeship Form 3, half-yearly returns under Contract Labour |
| April | New PF/ESI wage ceiling check, leave balance carry-forward, gratuity actuarial review |
| May | ESI Form 6 half-yearly return by 11 May |
| June | Form 16 to employees by 15 June, LWF June cycle, PTEC payment due |
| July | Quarterly Form 24Q by 31 July, Contract Labour Form XXIV by 30 July |
| October | Form 24Q Q2 by 31 Oct, Bonus payable within 8 months window check |
| November | ESI Form 6 half-yearly return by 11 Nov |
| December | LWF December cycle, annual PT return (most states) |
| January | POSH annual report by 31 Jan, Contract Labour Form XXIV by 30 Jan |
| February | Investment proof verification, regime declaration locked |
| March | Annual returns prep: EPF Form 6A, Form 3A, ESI annual closure, Minimum Wages Form III |
How to Run an HR Compliance Audit in 4 Steps
Scope by Act
List applicable Acts by sector, state, and headcount. Factories, Shops, EPF, ESI, PT, Contract Labour all have triggers.
Collect evidence
Pull registers, returns, challans, payslips, attendance, and registration certificates from payroll and HR.
Test by checkpoint
Tick every checkpoint in this guide. Flag exceptions with Section reference and remediation owner.
Remediate and re-test
Fix gaps within 30 days. Re-test before next inspection. Lock the audit trail with date stamps.
What Audit Failures Cost
Each labour law prescribes its own penalty for default. Repeat default triggers prosecution. The principal officer can face personal liability.
- Factories Act, Section 92: fine up to Rs 1 lakh and imprisonment up to 2 years.
- EPF Act, Section 14B: damages up to 25 percent of arrears for delayed deposit.
- ESI Act, Section 85: imprisonment up to 2 years and fine up to Rs 25,000.
- Income Tax Section 271C: penalty equal to TDS not deducted.
- Contract Labour Act, Section 23: fine up to Rs 1,000 plus daily continuing fine.
- Minimum Wages Act, Section 22: fine plus imprisonment up to 6 months.
Audit-Ready Reports From Live Payroll
factoHR India builds PF, ESI, PT, TDS, Form 16, Form 24Q, contract labour, and minimum wage audit reports from a single source. Inspectors get exact records on the same day.
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