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Friday, August 09, 2019

Telangana Shops Permitted To Remain Open 365 Days A Year Extended To Three Years


Government of Telangana vide notification no G.O.Ms.No. 24, in reference to previous notification G.O.Ms.No.51, L.E.T. & F. (Lab) Department dated 16th June 2016, has further exempted all establishments to keep open on all the days of the year in Telangana State for a further period of three (3) years with effect from 16.06.2019 and subject to conditions mentioned in notification fulfilled by the establishments failing which exemption granted will be liable for cancellation.

Conditions:- 

(i) The working hours of the employees shall be 8 hours per day and 48 hours in
a week. Record of over time will be maintained in the Wages Register
separately in respect of the employees who worked beyond normal working
hours.

(ii) Every employee will be allowed to avail a Weekly Holiday as per the list
exhibited (Form 24) at the main entrance of the shop on rotation basis.

(iii) If the employees are found working on any Holiday or after normal duty hours
without proper indent of Over Time, the exemption granted will be liable for
cancellation.

(iv) Working hours of the shop shall be between 9.00 A.M. to 11.00 P.M.

(v) In case of Women employees who are required to work beyond 8:30 P.M.,
transport arrangements are to be made to the women employees. A notice
to this effect in Telugu and English shall be exhibited at the main entrance
of the shop indicating the availability of transport.

(vi) All employees are to be provided with Appointment Letters and copy of the
same will be furnished to the jurisdiction Inspector and acknowledgement
shall be preserved in the shop for inspection at any time.

(vii) Visit Book shall be maintained exhibiting a copy of the exemption for
verification by the Inspector for compliance with the conditions on
exemption.

(viii) The exemption is valid for three (3) years only and subject to compliance
with the conditions of exemption and also compliance with the welfare
provisions applicable under various Labour Laws.

(ix) The wages for the employees shall be credited to their saving bank
Accounts.

(x) EPF & ESI deductions shall be implemented in respect of the eligible
employees.

Tuesday, August 06, 2019

Maharashtra New Minimum Wages 1st July 2019 to 31st Dec 2019

Maharashtra Special Allowance has been declared from 1st July 2019 to 31st Dec 2019  the same was published yesterday i.e. on 5th Aug 2019.

In my earlier blog i had share the new Basic wages of Shop & Establishment & i had mentioned that New Special allowance will be revised w.e.f. from 24th July 2019 & the same has been declared 

 In the Month of July 2019 we need to calculate the salary in two phase   in regards to Shop & establishment if already paid then we need to pay arrears in the month of August 2019 & accordingly Bonus will also be affected.

          1. 1st July 2019 to 23rd July 2019 ( Old Rate)
   
MINIMUM WAGES FOR - Shops & Commercial Establishment
MIN. WAGES FOR  01.07.2019  TO  23.07.2019

BASIC
SPL. ALLW
SUB-TOT
HRA
TOTAL
UNSKILLED
5000
4482
9482
474
9956
SEMI-SKILLED
5400
4482
9882
494
10376
SKILLED
5800
4482
10282
514
10796

HRA @ 5% on Basic + Spl. Allw and applicable only
if you are engaging 50 or more than 50 Employees as per 

The maharashtra workmen's minimum house rent allowance act,1983

 

2. 24th July 2019 to 31st July 2019  ( New Rate)


MINIMUM WAGES FOR - Shops & Commercial Establishment
MIN. WAGES FOR  24.07.2019  TO  31.12.2019    w.e.f. 24-July-2019

BASIC
SPL. ALLW
SUB-TOT
HRA
TOTAL
UNSKILLED
10021
390
10411
521
10932
SEMI-SKILLED
10856
390
11246
562
11808
SKILLED
11632
390
12022
601
12623
HRA @ 5% on Basic + Spl. Allw and applicable only
if you are engaging 50 or more than 50 Employees as per 

The maharashtra workmen's minimum house rent allowance act,1983



Original Notification Maharashtra Minimum Wages 1.07.2019 to 31.12.2019

Detail Zone wise English    Minimum-Wages Maharashtra-English-01-07-2019





Friday, July 26, 2019

Maharashtra New Minimum Wages under Shop & Establishment Clarification & Advise

Dear all,

As per my yesterdays blog  maharashtra-minimum-wages-increase Final Notification where in we had uploaded the final notification of the revised basic of Shop & establishment in this regards i have been receiving  calls & emails in regards to what is the final Minimum Wages to be taken in to consideration.

In regards to the above queries i would like to draw your attention that whenever the minimum wages are revised a new Basic wages is declared & in regard to same it was finalised after 9 years now a new Special allowance will be declared on 5th Aug 2019 effective 1st July 2019

Based on the above the New Minimum Wages will be  ( New Basic+New Special allowance + HRA( 5 % Minimum as per Maharashtra Minimum Hra Act if Employee count is more then equal to 50) 

I would advise that once the new special allowance will be declared on 5th of  Aug 2019 after that only make all the changes in the salary structure etc & give the difference of the same as arrears in Aug 2019 salary.

if any query pls drop me email on prakash@pcsmgmt.com


Thursday, July 25, 2019

Maharashtra Minimum wages increase under Shop & Establishment Effective 24th July 2019 -Final Notification


Pls refer to my yesterday blog where in we had given the information of Maharashtra Minimum wages increase under Shop & Establishment Effective 24th July 2019  & the same has been notified the respective copy of the notification is  appended below 

Sr No
Class of Employees
Zone 1
Zone II
Zone III
1
Skilled
11632
11036
10440
2
Semi-Skilled
10856
10260
9664
3
Unskilled
10021
9425
8828

Notification :- Maharashtra Minimum wages ( Basic Salary Revision) 1st July 2019

Wednesday, July 24, 2019

Maharashtra Minimum wages increase under Shop & Establishment Effective 24th July 2019



Mumbai: Labor Welfare Minister Dr Kishore has decided to increase the minimum wage of workers working in shops and establishments in the state Taken by Sanjay Koote. This increase is about to double. The increase was pending for the last nine years. About one crore workers will benefit from over one million shops and establishments in the state.
The minimum wage of employment is rescheduled every five years under Section 03 of the Minimum Wages Act, 1948, with the advice of the Maharashtra Minimum Wage Advisory Board. However, for the last nine years, minimum wages have not been rescheduled for technical reasons. Minister of LaborKutte's pursuit has made it possible for the working class to get minimum wage. 
It includes all the municipal boundaries of the state of Maharashtra and 20 km from the municipal area. Industrial area and camp area upto 5,800 to 11,632, 5,400 to 10,856, semi-skilled workers to 10,856, 5,500 to 10,021 to unskilled workers and 11,036 to 5,0100 and 4,960 to 6,450 and 10,260 to skilled workers in municipal corporation. Excluding the corporation, the remaining area of ​​Maharashtra state has 5,200 to 10,440 skilled workers and 4,800 to semi-skilled workers. Up to 9,664, unskilled workers have been increased from 4,400 to 8,828. The notification in this regard has been implemented from July 24, 2019.
Awaiting for Notification without Notification pls dont Make any changes in the Salary Structure once we get the respective circular  then  only make the changes

Draft Notification of the Threshold Limit under ESIC to reduce from 20 to 10 In Maharashtra

Good News to the Employees  Draft notification for bringing down the threshold limit for coverage of establishments in the state of Maharashtra from 20 employees to 10 persons is published

No salary limit. If even one employee is getting less than 21000 the company will contribute and if no employee is eligible for contribution then company will have to register and file nil returns.

This will make establishments in Maharashtra eligible for ESIC when they have 10 employees irrespective of the salary limit. Just 10 employees direct or indirect irrespective of whatever salary you pay the establishment will have to register under ESIC.

The respective draft notification will be taken in to consideration after 23rd Aug 2019.

So Merely the from Aug paid in September this will get effective.

Draft Notification:- Maharashtra ESIC Threshold Limit Reduce from 20 to 10

Tuesday, July 23, 2019

Basic Salary of Engineering Industry in Maharashtra revised 4th July 2019


No. MWA-2019/CR-53/LAB-7.—Whereas, by the Government Notification, Industries, Energy and Labour Department, No. MWA.1013/430/CR-205/ LAB-7, dated the 3rd March 2014 the Government of Maharashtra has revised the minimum rates of wages payable to the employees employed in the Scheduled
Employment, viz. “Employment in Engineering Industry” (hereinafter referred to as “the said scheduled employment”);
And whereas, the Government of Maharashtra, having revised the minimum rates of wages payable to the employees employed in the said scheduled employment, considers it necessary to revise them further;


Notification :- Maharashtra-Engineering Wages Notification revised 4th July 2019

Puducherry Minimum wages Notification 1st Jan 2019



GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
No. 2/Lab./AIL/G/2012/576.
Puducherry, the 14th June 2019.
ORDER
In exercise of the powers conferred under
sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948, read with the notification issued vide G.O. Ms. No. 9/AIL/Lab./ G/2016, d a t e d 22-8-2 0 1 6, the undersigned hereby revises the rates of Dearness Allowance for the employees employed in “Shops and Establishments” in the Union territory of Puducherry with effect from 01-01-2019 on the basis of rise in the average consumer price index number reaching 308 from 299 (Base year 2001 = 100) and thereby resulting in an increase of 9 points calculated on the basis of average rates of Dearness Allowance with effect from 01-01-2019.

Accordingly, the Dearness Allowance payable to the classes of employees employed in the Shops and Establishments in the Union territory of Puducherry with effect from 01-01-2019 would be ` 162 per month (cumulative).

P. JAWAHAR, I.A.S.,
Secretary to Government (Labour).




DUE DATE TO FILE INCOME TAX RETURN EXTENDED AY 2019-20

 The Central Board of Direct Taxes (CBDT) extends the ‘due date’ for filing of Income Tax Returns from 31st July, 2019 to 31st August, 2019 in respect of certain categories of taxpayers who were liable to file their Returns by 31.07.2019

The categories of taxpayers includes all taxpayers who were liable to file their Income Tax Returns by 31st of July, 2019 & can now file their Income Tax Returns by 31st of August, 2019.

Circular : Order-for-extension-of-due-date-for filing-of-ITRs-23-07-2019

Daman Minimum Wages 1st Apr 2019

Daman Minimum Wages has been revised from 1st Apr 2019 order passed on 23rd July 2019 necessary notification is enclosed for your ready reference 

Notification:- Daman Minimum wages 2019

Friday, July 05, 2019

The Jharkhand Minimum Wage Notification (April 2019)

The Government of Jharkhand vide Notification No-2/MW-2071/2010 L&T-915 has released the Minimum Wages effective from 1st April 2019 declared on 13th June 2019.


Notification :- The Jharkhand Minimum Wages Notification 1st April 2019

Thursday, July 04, 2019

The West Bengal Minimum Wage Notification (July 2019)




Government of West Bengal as per notification No. 218/703/Stat/2RW/29/2016/LCS/JLC has released the minimum rates of wages effective from 1st July 2019


Wednesday, June 19, 2019

FOR SUPER SPECIALITY TREATMENT TO TIE-UP HOSPITALS AND EXPENDITURE TO BE INCURRED BY EMPLOYEES’ STATE INSURANCE CORPORATION DIRECTLY



In the Employees’ State Insurance (General) Regulations, 1950, a new Regulations 96C shall be inserted as under : 

REGULATION 96C
REFERRAL FOR SUPER SPECIALITY TREATMENT TO TIE-UP HOSPITALS AND
EXPENDITURE TO BE INCURRED BY EMPLOYEES’ STATE INSURANCE
CORPORATION DIRECTLY

Subject to the provisions of the Act and the Regulations, the Corporation or State Government may refer a beneficiary to any tie-up arranged medical facilities, where cost of such facility is borne directly by the Corporation and where the fund permits.

1.An Insured Person should have completed a minimum of six months of insurable employment from the date of registration and have contributed not less than seventy eight (78) days in the relevant contribution period including in which registration was made. However, where the facility has been extended to his family members, an Insured Person should have completed a minimum of one year of insurable employment and have contributed for not less than seventy eight (78) days in each of the two (2) contribution period and such benefit shall be available to an Insured Person or a beneficiary in the corresponding benefit period.


2. Provided further that an Insured Person with employment injury or Insured Woman with complications arising out of maternity or those in receipt of extended sickness benefit under the Act shall be eligible as per the relevant contributory conditions and in case of family of extended sickness beneficiaries, they shall also be eligible as long as the benefit period corresponding to contribution period covered in extended sickness by more than half of the contribution period.




The Chandigarh Minimum Wage Notification (April 2019)



The following are the minimum rates of wages payable for monthly &
daily rated employees for the period starting from 01.04.2019 to 30.09.2019 in regards to Chandigarh

Notification:- 👉The Chandigarh Minimum Wages Notification 1st April 2019

Friday, June 14, 2019

Rate of contribution under the ESI Act has been reduced



Government of India: Rate of contribution under the ESI Act has been reduced from 6.5% to 4% (employers’ contribution reduced from 4.75% to 3.25% & employees’ contribution reduced from 1.75% to 0.75%). Reduced rates will be effective from 1st July 2019.




Old Rate Employees Share
New Rate Employee Share
Old Rate Employer Share
New rate of Employer Share
1.75 %
0.75 %
4.75 %
3.25%


This would benefit 3.6 crore employees and 12.85 lakh employers. The reduced rate of contribution will bring about a substantial relief to workers and it will facilitate further enrollment of workers under the ESI scheme and bring more and more workforce into the formal sector. 

Similarly, reduction in the share of contribution of employers will reduce the financial liability of the establishments leading to improved viability of these establishments. This shall also lead to enhanced Ease of Doing Business. It is also expected that reduction in rate of ESI contribution shall lead to improved compliance of law.

The Employees’ State Insurance Act 1948 (the ESI Act) provides for medical, cash, maternity, disability and dependent benefits to the Insured Persons under the Act. The ESI Act is administered by Employees’ State Insurance Corporation (ESIC). Benefits provided under the ESI Act are funded by the contributions made by the employers and the employees.  Under the ESI Act, employers and employees both contribute their shares respectively.

These efforts resulted insubstantial increase in the number of registered employees i.e. Insured Persons and employers and also a quantum jump in the revenue income of the ESIC.

The Government of India is committed to the cause of welfare of employees as well as employers. It is also committed to improve the quality of medical services & other benefits being provided under the ESI scheme.

Necessary Notification is appended below

👉ESI NOTIFICATION- New Rate

Tuesday, June 11, 2019

Minimum Wages Tripura 1st Apr 2019

Minimum Wages of Tripura has been declared from 1st Apr 2019 

a) The fifty paisa or above rounded off to the next rupee. 
b) To arrive at daily rates of wages the month.rate shall be divided by 26 and rounded off to the next rupee. 
c) The overtime rate shall be the double of the ordinary rate of minimum wages

Notification:- 👉The Tripura Minimum Wages Notification 1st April 2019.

Friday, June 07, 2019

Punjab Minimum Wages W.E.F 1st Mar 2019


Punjab Minimum Wages have be published on 28th May 2019 W.E.F from 1st Mar 2019

Online e-nomination( Form No 2) is available at Member Interface of Unified Portal. under EPF act 1952


A facility for filing of online e-nomination is available at Member Interface of Unified Portal.

Following are the salient features of new e-Nomination functionality:

-  UAN should be activated

-  Verified Aadhaar should be linked  with UAN

-  Mobile number of member should be linked with Aadhaar

-  Photo of member should be available in the profile of member (Member has to upload his photo in his profile section)

-  Aadhaar of all the family members in e-Nomination is mandatory

-  Photo upload of all family members in e-Nomination is mandatory

-  Aadhaar based e-Sign by the member in e-Nomination

-  Digitally signed nomination PDF will be available in the login of member  and field office

 A readily available Nomination in the system enables a member to easily file the online Pension Claim and in the event of demise of the member, his/her nominee will be able to file online claim based on OTP on his/her Aadhaar linked mobile.

 Process flow along with screen shots is enclosed herewith for ready reference.

 It is requested to encourage the (employees) members to urgently file their e-Nomination and facilitate them if they are finding any difficulty.

If E-Nomination is not done non of the EPS ( Pension claim) will be settled or the death claim.

Necessary Process flow id enclosed in the circular as issued by the EPF office 

👉 Circular :- E-Nomination Circular & Process

Thursday, May 09, 2019

Gujarat Govt introduces New Shops and Establishments Act 2019


The Government of Gujarat (Ministry of Labour & Employment) has enacted the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 repealing the Gujarat Shops and Establishments Act, 1948. 

The New Act of 2019 is effective from 1st May 2019 .The provisions of the 2019 Act include: Legal Provision Call out Synopsis 

      Highlights on New Gujarat Shop & Establishment Act 2019

1.      
            1.Registration -

a) Within 60 days from the date of commencement of Business; the employer of every establishment engaging ten or more workers shall submit in prescribed Form with supporting documents for registration of the establishment as per section 6 of the Act along with the required documents as specified in Part A of the Schedule.
b) The employer of every establishment engaging less than ten workers shall submit an intimation of commencement of the business along with the required documents.
c) A registration certificate issued under sub-section (2) shall remain in force from the date  of issue till the change in ownership or nature of business takes place. In case of change in ownership or nature of business, the employer of every establishment shall have to obtain the fresh registration certificate.
d) The employer shall inform, in such form and in such manner, as may be prescribed, to the Inspector within thirty days from the date of closing of the business that the shop or establishment has been closed for business.

              2.      Leave –

a)  Every worker shall be allowed a weekly holiday with wages & every worker shall be entitled to Seven days casual leave with wages in every calendar year which shall be credited into the account of the worker at the beginning of the calendar year, but shall laps if un-availed at the end of the year.
b)  Every worker shall be entitled to seven days leave on medical grounds with wages in every calendar year which shall be credited into the account of the worker in the beginning of the calendar year, but shall lapse if un-availed at the end of the year.
c)  Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
d)  Every worker shall be permitted to accumulate earned leave up to a maximum of Sixty Three days.
e)  Where the employer refuses to sanction the leave under sub-section (3) which is due when applied fifteen days in advance, then the worker shall have a right to en cash leave in excess of Sixty Three days: Provided that, if a worker is entitled to leave other than causal and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.
a)  A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 15th August and 2nd October and Five such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls: Provided that, the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.



             3.       Working Hours –

a)  No adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour.
b)  No woman worker shall be required or allowed to work in any establishment except between the hours of 6 a.m. and 9-00 p.m. Provided that, the woman worker shall be allowed to work during 9-00 p.m. and 6-00 a.m. in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorized representative or manager or supervisor.
c)  An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest. & If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday.

            4. Crèches –

a) In every establishment wherein Thirty or more workers are employed, there shall be provided and maintained a suitable room or rooms as crèche for the use of children of such workers : Provided that, if a group of establishments, so decide to provide a common crèche within a radius of one kilometre, then, the same shall be permitted by the Inspector, subject to such conditions as may be specified in the order.


           5.  Overtime –

a) Where a worker in any establishment is required to work beyond nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty five hours in a period of three months.


      6. Annual Return.- 

       The employer of a shop or establishment shall furnish an annual returns, in         such a form and in such manner (including in electronic form), to such               authority as may be prescribed.


        7.       Penalties:-

a)  Whoever, found running any establishment without registration in contravention of the provisions of section 6 or rules made thereunder, shall be punishable with penalty of ten thousand rupees which shall include registration fees.
b) Whoever contravenes the provisions of this Act or the rules made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to fifty thousand rupees: Provided that, the total amount of fine shall not exceed two thousand rupees per worker employed.



              New Act :- Gujarat New Shop 2019

             Implementation Notification  Gujarat New Shop Amendment date