Sunday, December 04, 2016

Amendments to the Payment of Wages Act, 1936

One of the reasons for ineffective enforcement of payments of wages to workers is the payment of wages in cash. With the passage of time, technology has gone a sea change. A large section of the employed persons have now bank accounts. So, payment of wages only through cheque or through bank transfer in the bank account of employed persons will reduce the complaints regarding non-payment or less payment of minimum wages, besides serving the objectives of digital and less cash economy.

In regards to the above the Central Government, therefore, intends to make amendments in section 6 of the Payment of Wage Act, 1936. The details of the existing provisions and proposed amendments are as under:

 Sl.
No.
Section
Existing Provision
Proposed Provision
1
Section 6
“6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
Provided that the employer may, after obtaining the written authorization of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.”
“6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
Provided that the appropriate Government may, by notification in the Official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages either by cheque or by crediting the wages in his bank account.”

It is, therefore, published in public domain, as part of Pre-Legislative Consultation Policy, for the information of all persons likely to be affected thereby and notice is hereby given that the said proposal shall be taken into consideration after 16/12/2016.



Tuesday, November 22, 2016

ESIC Limit Increases from Rs 15000 to Rs 21000

Dear all,


Pls refer to my blog dated September 7 2016 http://blog.pcsmgmt.com/2016/09/esic-raises-wage-threshold-to-rs-21000.html where in labour ministry had declared that ESIC Limit will Increases from Rs 15000 to Rs 21000 on 6th Oct 2016 Draft rules were released &  30 days time limit was given for calling for objections & suggestion Yesterday in the Press Information Bureau Ministry of Labour & Employment Shri Bandaru Dattatreya declared that The Employees State Insurance Corporation(ESIC) has approved the enhancement of wage ceiling from present Rs. 15,000 per month to Rs. 21,000/-.


The gazetted copy of the same will be published very soon 




Wednesday, November 16, 2016

This Scheme may be called the Employees’ Provident Funds (Sixth Amendment) Scheme, 2016 changes in para 72

Dear all,

 Amendment in the respective  Employees’ Provident Funds (Sixth Amendment) Scheme, 2016 i.e in para 72 

In the Employees’ Provident Funds Scheme, 1952, in paragraph 72, in sub-paragraph (6),-

(a) for the words “ceased to be employed”, the words “retired from service after attaining age of fifty-five years or migrated abroad permanently” shall be substituted; 
(b) the words “or transfer, as the case may be” shall be omitted; 
 (c) after the proviso, the following new proviso shall be inserted, namely:-

Further a good Move by the labour Ministry where in one more provision has been inserted 

Provided further that if any amount becoming due to a member, as a result of supplementary contributions on account of litigation or default by the establishment or a claim which has been settled but is received back undelivered not attributable to the member, shall not be transferred to the inoperative account.”.


Gazette Notification :- Employees’ Provident Funds (Sixth Amendment) Scheme, 2016 para 72 changes

Employees' Provident Funds (Fifth Amendment) Scheme, 2016 Nepalese & Bhutan shall be deemed to be an Indian worker

Dear all,

In the indian Market many employees come from Bhutan & Nepal for Job & specially this employees are working in Security Guard etc & when and they were treated as International worker & the respective employee cant withdraw the respective dues when he leave the job  & he has to wait till age 58 as per International Worker rules as framed under EPF act 

Considering the above fact & condition labour ministry & EPF Board of Trustees have made an amendment in Employees' Provident Funds (Fifth Amendment) Scheme, 2016

In the Employees’ Provident Funds Scheme, 1952, in paragraph 83, in sub-paragraph (2), in clause (ja), after sub-clause (b), the following proviso shall be inserted, namely :-

“Provided that the worker who is a Nepalese national on account of Treaty of Peace and Friendship of 1950 and the worker who is a Bhutanese national on account of India-Bhutan Friendship Treaty of 2007, shall be deemed to be an Indian worker.”


In the Employees’ Pension Scheme, 1995, in paragraph 43A, in sub-paragraph (1), in clause (viia), after subclause (b), the following proviso shall be inserted, namely :-

“Provided that the worker who is a Nepalese national on account of Treaty of Peace and Friendship of 1950 and the worker who is a Bhutanese national on account of India-Bhutan Friendship Treaty of 2007, shall be deemed to be an Indian worker.”




Gazetted Copy :- Employees' Provident Funds (Fifth Amendment) Scheme, 2016

ATTENTION EPS-1995 PENSIONERS No Pension without Digital Life Certificate

Dear EPS Pension Member no Pension will be credited without digital life certificate 

From 1st November 2016, EPFO has launched the facility of online submission of life certificate. It is mandatory to submit the digital Life Certificate through jeevan Pramaan System life certificate. 


The pensioners should carry the Aadhaar Card, Mobile phone, details of PPO and Bank account number for hassle free submission of Digital Life Certificate. 
The digital Life Certificate can be submitted at 

1.Bank branches from where pensioners are drawing their pensions

2.Common Service Centres(CSC) of IT department, the list of CSC are available at csc.gov.in 

3.Jeevan Pramaan Centre, the Jeevan Pramaan centre can be located at jeevanpramaan.gov.in



This process is Aadhaar based; therefore pensioners are advised to update their Aadhaar details to reflect the accurate Name, Father Name and Date of Birth. The instructions and FAQs regarding the updation of Aadhar data are available on the website www.uidai.gov.in

In case, the Aadhar details are accurate but they do not match with the details in EPFO database, the Pensioners should forward an application to R.O. Of EPF from where the pension is disburse   for change/modification of the concerned data along with the supporting documents like School Leaving Certificate, PAN card, Aadhar Card, Passport, Driving License, etc.  


Please note that the payment of the monthly pension will be stopped after 31.12.2016, of those pensioners whose digital life certificates are not received

Even idle EPF accounts will earn interest

Highlights


  •  Earlier, an EPF account was considered inoperative if it was dormant for 36 
  • From November 11, even these accounts will continue to accrue interest.
Pls refer to the circular as it was issued in November 2011 Pls see  (Old Circular) where in an EPF account was considered inoperative if it was dormant for 36 months or more. Since April 1, 2011, inoperative accounts did not attract any interest. Thus, if an employee resigned and did not take up another job, or failed to transfer his account to the new employment, the funds in an idle EPF account did not earn him any interest.The notification has amended this scenario. 

The provisions of the EPF scheme are now amended to provide that an EPF account will be considered inoperative only when the employee retires from service at 55 years or migrates abroad permanently , and in both cases does not make an application for withdrawal of the accumulated balance in his EPF account within 36 months. An account will also become inoperative on the death of the account holder. 

The amendments will benefit employees who leave mainstream employment and take up self-employment to fulfil their entrepreneurial goals or take up employment with small employers not covered under EPF scheme.Such employees can now leave their EPF fund balance with the authorities and continue to receive interest. This change will create a new investment option for such employees  

Monday, November 14, 2016

List of pan India (EPS ) Pension Distribution agency State Wise

Dear all

I have been receiving many calls in regards to pension disbursement in regards to Employee Pension Scheme , enclosed is the  Pension Distribution agency State Wise as on 31st Mar 2015

Thought of sharing the same 

EPS1995_PensionDisbursingAgenciesList

Friday, November 11, 2016

Gujarat Labour Welfare Fund Increase from Dec 2016

Dear All,

Gujarat Labour Welfare Fund has been increased from Dec-2016 the New Rate are as under

Old Rate Employee
Old Rate Employer
Total Contribution Old

New Rate Employee
New Rate Employer
Total New Rate
Rs 3
RS 6
Rs 9

Rs 6
Rs 12
18

Tuesday, November 01, 2016

EPF Death case Should be settle within 7 days

Dear all,

During Pragati Review Meeting which was held on 26th Oct 2016 Hon'ble Prime Minister had showed his concern regarding delay in settlement of EPF/EDLI /EPS claims especially in Death cases

Hon'ble Prime Minister has instructed and ensured that all Death cases claims should be settle within a period of 7 days from date of submission of claim form

All Death cases must be stamped as "DEATH CASE -TOP PRIORITY"


Saturday, October 08, 2016

ESIC Percentage for New Implemented areas reduce to 1 % Employee & 3 % Employer

Dear all 

ESIC Percentage for New Implemented areas reduce to 1 % Employee  & 3 % Employer  it is applicable only to the new areas which are implemented for the first time & district wise  (i.e. from 1st May 2016 ) New areas implementation started district wise 

Pls refer to  My blog  as publish on 6th of Sep 2016 
http://blog.pcsmgmt.com/2016/09/new-district-covered-esic.html

1. Andhrapradesh:- 9 New District covered W.E.F from 1st Sep-2016
2. Bihar :- 16 New District covered W.E.F from 1st Sep-2016
3. Haryana :- 1 New District covered W.E.F from 1st July-2016
4. Jammu & kashmir :- 8 New District covered W.E.F from 1st Aug-2016
5. Karnataka :- 4 New District covered W.E.F from 1st Sep-2016
6. MadhyaPradesh :- 22 New District covered W.E.F from 1st Sep-2016
7. Telangana :- 4 New District covered W.E.F from 1st July-2016
8.  Rajasthan :- 28 district are covered under ESIC from 1st Aug 2016 
9. Maharashtra :- 20 district are covered under ESIC from 1st Aug 2016
 
The respective reduction of percentage will be for only two years after two years Rule No 51 has  to be implemented.

Notification :- 
ESIC New Areas 1 Percent & 3 & W.E.F from 6th Oct 2016 

Thursday, October 06, 2016

Bihar Minimum Wages 1st Oct 2016 to 31st Mar 2017

Please be informed that The Government of Bihar through its notification dated 30th September 2016, has announced Variable Dearness Allowance & Minimum wages for different categories of employees employed in 69 scheduled employments, with effect from 1st October 2016

Notification:-Bihar Minimum Wages 1st Oct 2016 to 31st Mar 2017

Madhya Pradesh Minimum wages 1st Oct 2016 to 31st Mar-2017

Madhya Pradesh Minimum wags has been hike from 1st Oct 2016 to 31st Mar 2017 

Notification :-Madhya Pradesh Minimum Wages 1st Oct 2016 to 31st Mar 2017


Monday, October 03, 2016

Minimum Wages Uttar Pradesh Minimum Wages 1st oct 2016 to 31st Mar 2017

New wage rates were announced by Labour Department in Uttar Pradesh. New monthly VDA now stands at Rs 1464.12 for Unskilled worker, Rs 1610.53 for semi-skilled worker and Rs 1804.05 for skilled worker. 

Detail with Schedule of Employment:- Uttar Pradesh Minimum Wages 1st oct 2016 to 31st Mar 2017



Saturday, October 01, 2016

Chattisgarh Minimum Wages 1st Oct 2016 to 31st Mar 2017

Chattisgarh Minimum Wages 1st Oct 2016 to 31st Mar 2017

Notification:- Chattisgarh-minimum-wages-1st Oct 2016 to 31st Mar 2017.pdf



Delhi Minimum wages from 1st Oct 2016 to 31st Mar 2017




The following rates of minimum wages shall be applicable in respect of unskilled, semiskilled and skilled categories in all schedules employments except employment in the establishments where the workers are given facilities of meals or lodging or both by the employer
CategoryRates as on 01.04.2016
(Rupees)
Dearness Allowances (pm) w.e.f 01.10.2016 (Rupees)Rates from (Rupees) 01.10.2016
Per-MonthPer-Day
Un-skilled
9568.00
156.00
9724.00
374.00
Semi skilled
10582.00
182.00
10764.00
414.00
Skilled
11622.00
208.00
11830.00
455.00


The following rates of minimum wages shall be applicable in employment in establishments where the workers are given facilities of meals of lodging or both by by the employer
CategoryRates as on 01.04.2016
(Rupees) 
Dearness Allowances (pm) w.e.f
01.10.2016 (Rupees)
Rates from (Rupees) 01.10.2016
Per-MonthPer-Day
Un-skilled
(i)9412.00
156.00
(i)9568.00
(i)368.00
(ii)8710.00
(ii)8866.00
(ii)341.00
(iii)8606.00
(iii)8762.00
(iii)337.00
Semi skilled
(i)10426.00
182.00
(i)10608.00
(i)408.00
(ii)9620.00
(ii)9802.00
(ii)377.00
(iii)9516.00
(iii)9698.00
(iii)373.00
Skilled
(i)11440.00
208.00
(i)11648.00
(i)448.00
(ii)10582.00
(ii)10790.00
(ii)415.00
(iii)10452.00
(iii)10660.00
(iii)410.00
(i)Where only lodging is provided (ii) where only meals twice a day is provided 
(iii) Where both meals and lodging are provided.
 The following rates of minimum wages shall be applicable in respect of Clerical and     Supervisory Staffs in all Scheduled Employments
CategoryRates as on 01.04.2016
(Rupees) 
Dearness Allowances w.e.f .01.10.2016
(Rupees) 
  Rates from   (Rupees) 01.10.2016 Per Month
Non Matriculates10582.00182.00     10764.00 414.00
Matriculates but not graduates11622.00208.00     11830.00 414.00
Graduate and above12662.00208.00     12870.00495.00
*( All Rates are in rupees)

Friday, September 30, 2016

Gujarat Minimum Wages 1st Oct 2016 to 31st Mar 2017

Gujarat Minimum wages ( Dearness Allowance) has been raised by  Rs 1 details notification  is appended below & detail breakup as per schedule of Employment ( English) is also attach

English Breakup ( Schedule of Employment):- Gujarat Minimum Wages 1st Oct 2016 to 31st Mar 2017



Thursday, September 29, 2016

Uttarakhand minimum wages revised w.e.f. 1st october 2016 to 31st March-2017

Dear All,
This is to inform you that Minimum wages has been revised in Uttarakhand ,DA increased by Rs 80/- w.e.f. Oct ’16 before it's DA was Rs1280 /- and now it becomes Rs1360 /-

NotificationRevised _VDA_-Utrakhand 1st Oct 2016 to 31st Mar 2017.pdf

Detail Scheduled Employment :- Utrakhand 1st Oct 2016 to 31st Mar 2017( Detail English Breakup)


Wednesday, September 28, 2016

Payment Of Bonus (Amendment) Rules 2016

Dear all,

As per Payment Of Bonus (Amendment) Rules 2016 under section 5  i.e.

5. Annual returns –

Every employer shall send a return in Form D to the Inspector so as to reach the said form to the Inspector within 30 days after the expiry of the time limit specified in Sec. 19 for payment of bonus.

The respective section has been omitted i,e No manual return is to be file but in my view we have to upload the same online through Shram Suvidha Portal  





Friday, September 23, 2016

Wednesday, September 07, 2016

ESIC raises wage threshold to Rs 21,000

ESIC raises wage threshold to Rs 21,000

The Employees' State Insurance Corporation (ESIC) today raised the monthly wage threshold to Rs 21,000, from the current Rs 15,000, for coverage under its health insurance scheme.

In a meeting held today, the ESIC board also decided to give an option to existing insured persons to continue membership even if their wage breaches the ceiling of Rs 21,000 per month.

At present, all those insured under the ESIC scheme lose their membership of ESIC as well as that of the insurance cover if their wage overshoots the ceiling.

"ESIC has raised the threshold wage limit from Rs 15,000 to Rs 21,000," Labour Minister Bandaru Dattatreya told PTI after the board meeting of ESIC here. Labour Minister is the Chairman of the ESIC Board.

Both the decisions will be implemented from October 1.
Dattatreya added that the move of raising the threshold will help bring in an additional 50 lakh members to ESIC.

At present, ESIC has 2.6 crore insured persons, which covers over 10 crore people, assuming four members of a family.

The minister also said there is a plan to increase the wage threshold for retirement fund body EPFO subscribers and it may be considered in the next meeting of the Central Board of Trustees (CBT).

At present, the wage threshold is Rs 15,000 per month for coverage under its social security scheme.

Gazzeted copy of the same will be shared very soon.


Tuesday, September 06, 2016

New District Covered ESIC (Teleangana/Rajasthan/Madhyapradesh/karnataka/Jammu Kashmir/Haryana/Bihar/Andhrapradesh)

Dear all,

ESIC have increase the coverage in various states in various districts in different dates 

details of the same is as under 

Andhrapradesh:- 9 New District covered W.E.F from 1st Sep-2016

Notification:- New Distric Covered under ESIC -Andhrapradesh 1st Sept 2016


Bihar :- 16 New District covered W.E.F from 1st Sep-2016

Notification:-New District Covered under ESIC -Bihar 1st Sept 2016


Haryana :- 1 New District covered W.E.F from 1st July-2016



Jammu & kashmir :- 8 New District covered W.E.F from 1st Aug-2016



Karnataka :- 4 New District covered W.E.F from 1st Sep-2016


MadhyaPradesh :- 22 New District covered W.E.F from 1st Sep-2016



Teleangana :- 4 New District covered W.E.F from 1st July-2016



Sunday, August 28, 2016

West Bengal Profession Tax Amendment 2016

West Bengal Salary Profession Tax has been amended from 1st Aug 2016

The New slab is as Under & respective Notification is enclosed below

Circular of P Tax WB-Aug-2016-2

Gazetted Copy



Friday, August 19, 2016

Bihar ESIC New District Covered W.E.F 1st Sep 2016

Dear all,

Pls find below is the list of district got covered in Bihar under  ESIC w.e.f from 1st Sep 2016


Thursday, August 11, 2016

Bill For Maternity Benefits Including 6 Months' Leave Passed In Rajya Sabha

A bill that proposes six months' maternity leave for all working women has been passed by the Rajya Sabha today, the second last day of the monsoon session. Tracking it closely was Maneka Gandhi, minister for women's welfare, who says it is the result of two years of hard work.
The amendments to Maternity Benefits Act has been drafted by Mrs Gandhi's Ministry for Women and Child Development, but her colleague labour minister Bandaru Dattatreya introduced the bill in the upper house.

"All through the two years while we've been pushing for this, pregnant women have mailed me asking, `Is it through yet?" the minister said. They had asked for seven months' maternity leave, but the government settled on making it compulsory for all offices in the public and private sector to give six months.

This, the minister hopes, will go a long way in fixing the problem of a shrinking woman workforce. Mrs Gandhi said it would affect about 70 per cent of the woman workforce.

"You may ask if it will dissuade companies from hiring more women but I don't think so. I think women know how to multitask,'' she said.
 
The bill was to have been introduced in the Lok Sabha on Tuesday, but then there was what government sources described as a "scheduling goof-up".

With only three days of the session left, they then decided to bring it first in the Rajya Sabha, since a bill introduced in that house does not lapse with the end of a session.

It was slotted for Wednesday in the Rajya Sabha, which then decided to put aside all work to debate the crisis in Kashmir. Many see the delay as symptomatic of how women's issues are prioritised.

31 of the 244 members in the Rajya Sabha are women. The 543 seat Lok Sabha has 61 women.

@courtesy http://www.ndtv.com/

Tuesday, August 09, 2016

New District Covered under Rajasthan

Dear All,

Pls refer to the said Notification   28 district of Rajasthan are covered under ESIC from 1st Aug 2016





New Distric covered under ESIC in Maharashtra

Dear all,

From 1st Aug 2016 20 district are covered under ESIC  the respective notification is below

Sunday, August 07, 2016

Employee’s Compensation Act – Amendment – Bill Introduced in Parliament

The Central Government has introduced Bill in parliament, on 5th Aug 2016 to amend few provisions of EC Act and the proposals are as mentioned below:-


  1. Every employer shall immediately at the time of employment of an employee, inform the employee of his rights to compensation under this Act, in writing as well as through electronic means, in English or in Hindi or in the official language of the area of employment’
  2. Penalty of non-compliance of any provision of the Act is revised to Rs.50000/- minimum to Rs.100000/- maximum;
  3. Appeal in the High Court has revised more than Rs.10000/- compensation from present Rs.300/-
  4. On the direction of High Court commissioner can withheld payment of any sum in deposit with him – This provision is omitted;

EXEMPTION UNDER SECTION 17(1)(a) OF EPF & MP ACT

Dear all,

Good News for  Exempted Establishment  

 An Internal Circular dated 5.8.2016 issued by the EPFO to its Field Functionaries states that:


  • Section 17 of the EPF & MP Act stipulates that the Appropriate Government may, by Notification in Official Gazette and subject to such conditions as may be specified in the Notification exempt whether prospectively or retrospectively from the operation of all or any provisions of the any Scheme under the Act.

  • The conditions for grant of exemption under Section 17 of the Act have been notified under Notification No. GSR 853(E) dated 29.10.2003 and the revised Guidelines have come into force w.e.f. 10.10.2003.

  • The contribution to the Exempted PF Trust would get exemption from Income Tax provided the Trust is recognised/approved by the Income Tax Authorities.

  • The Regional Provident Fund Commissioners have been insisting on the Employers to submit the recognition/approval of the Trust by the Income Tax Authorities along with the Application for Exemption.

  • The Employees’ Provident Fund Organisation have re-examined the issues and clarified that the Field Functionaries of the Department will not ask the Establishment seeking grant of exemption from the operation of the EPF Scheme, 1952 to furnish copy of Income Tax Recognition Order as  an ‘Essential Document’ to be submitted with the proposal for grant of Exemption. However, immediately after grant of exemption by the Appropriate Government, the Establishment should get recognition from the Income Tax Authorities for its  Trust.
  • Para 8 of the said circular of 2007 is omitted
Circular-2007 Exemption-2007-Circular

Circular of 2016:-Exemption Guidelines-2016

Thursday, August 04, 2016

Social Security Agreement between India & Japan for International Workers W.E.F 1st Oct 2016

Dear all,

Social Security Agreement (SSA) between India and Japan was signed in Tokyo on November 16, 2012. The Ministry of External Affairs (Investment, Technology Promotion and Energy Security Division), the competent authority for negotiating and concluding SSAs along with the Employee’s Provident Fund Organization (EPFO) has completed the formalities for the Agreement to enter into force.

Social Security Agreement (SSA) between India and Japan was signed in Tokyo on November 16, 2012. The Ministry of External Affairs (Investment, Technology Promotion and Energy Security Division), the competent authority for negotiating and concluding SSAs along with the Employee’s Provident Fund Organization (EPFO) has completed the formalities for the Agreement to enter into force. Now therefore, the Agreement on Social Security between India and Japan shall enter into force with effect from 1st October, 2016

The Implementing Arrangement under the SSA and the Administrative Arrangement for implementation of the agreement between the two countries were exchanged on 9th June 2016. Earlier today the two sides have exchanged Note Verbales in accordance with Article 28 of the Agreement notifying the completion of the respective constitutional and legal procedures required for the entry into force of the Agreement. The Article 28 also mentions that the Agreement shall enter into force on the first day of the fourth month following the date of receipt of last notification.

As on date, India has signed and operationalized similar comprehensive Social Security Agreements (SSAs) with 15 countries. They are Belgium, Canada, Czech Republic, Denmark, Finland, France, Hungary, Luxembourg, Netherlands, Norway, Sweden, Switzerland, South Korea, Austria, and Australia. We have also signed a comprehensive SSA with Portugal, which is in the process of getting operationalized. 

In addition, we have a partial SSA with Germany, which is already operationalized. The comprehensive SSA between India and Japan when operational from 1st October 2016 will favourably impact the profitability and competitive position of Indian and Japanese companies with foreign operations in either country by reducing their cost of doing business abroad. Thousands of Indian and Japanese workers who are working in Japan and India respectively will benefit from the agreement. The SSA will also help more Japanese companies to consider India as a destination for their manufacturing investments.