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Tuesday, February 20, 2018

EDLI Update - Minimum Assurance benefit of Rs. 2.5 lakhs for two years

Effective from 15th February 2018, Ministry of Labour and Employment has introduced minimum assurance benefit of Rs. 2.5lakhs and maximum of 6 lakhs.
Accordingly, the proviso under para 22(3) (i) has been substituted as under;
the minimum assurance benefit of Rs. 2.5 lakhs shall be in force for a period of two years from the date of publication of this Scheme in the Official Gazette.

Please refer the attached notification for more details

Sunday, February 18, 2018

The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018


As per notification published in the official gazette dated 30th January 2018, the Government of Tamil Nadu has amended The Tamil Nadu Labour Welfare Fund Act, 1972. Currently the Act defines that a person who being employed in a supervisory capacity earning wages exceeding three thousand and five hundred rupees per mensem would be excluded from the coverage of the Act. The amendment now states that any person in a supervisory capacity drawing wages exceeding fifteen thousand rupees per mensem will be excluded from the coverage of the Act. The State Government shall by separate notification release the effective dates for the Act



State
Name of the Act
New Section
Tamil Nadu
Tamil Nadu Labour Welfare Fund Act, 1972. Rules 1973
In section 2 of the Tamil Nadu Labour Welfare Fund Act, 1972, in clause
(b), in sub-clause (i), in item (b),




Ceiling limit In 1997
Ceiling limit Amendment 2018

3500/Month
15000/Month

Tamil Nadu Act 36 of
1972)
Tamil Nadu Act 36 of
1972) Amendment - 2018

Excludes persons in supervisory category, drawing wages exceeding three thousand and
five hundred rupees per Month
Many supervisory staff are excluded from the purview of the above Act. The Government have, therefore, decided to bring more number of workers under the purview of the said Tamil Nadu Act 36 of 1972 and to amend section 2(b)(i)(b) of the said Tamil Nadu Act 36 of 1972 suitably so as to enhance the ceiling limit of wages to fifteen thousand rupees per Month.

Notification :- The Tamil Nadu Labour Welfare Fund (Amendment) Act 2018

Wednesday, February 07, 2018

Wednesday, January 31, 2018

EPF Form No 5A /14b & 7Q



New Delhi: Taking another step towards going paperless, retirement fund body EPFO on Tuesday said it has launched facilities for employers to pay dues and update ownership details online.

Employees' Provident Fund Organisation (EPFO) has provided facility of online submission of Form 5A (Return of Ownership), it said in a statement.

EPFO added it has discontinued the physical submission of the form.

Earlier, the employers had to submit a physical copy of Form 5A to the concerned EPFO field office upon new registration of establishment and whenever there was any change in ownership details.

Now, employers can update Form 5A online and submit with e-signature. This will not only reduce the unnecessary paperwork but also avoid visits to EPFO field offices.

EPFO has also launched the facility for online payment of Section 14B and Section 7Q dues.

It said that for facilitating ease of doing business, it has launched the online functionality for calculation and payment of damages under Section 14B and interest under Section 7Q against belated remittances.

If an employer makes payment of dues after the due date, he/she is liable to pay damages (under Section 14B) and interest (under section 7Q).

So far, the EPFO used to send the notices to employers under Section 14B and Section 7Q against their belated payments.

Under the new functionality for belated payment, the employer can select the cases where he/she wants to make payment immediately.

The system will generate auto challan. The employer can know the 14B and 7Q dues immediately and make the payment accordingly, thereby avoiding the requirement of visits to EPFO field offices, it added.

circular-Form No 5A πŸ‘‰ Form No 5A Online Submission

Saturday, January 20, 2018

Facility to link UAN with Aadhaar at EPFO eKYC portal

Respected Sir/ Madam,

It is informed that functionality to "LINK UAN WITH AADHAAR"  is provided in eKYC Portal available at web address https://iwu.epfindia.gov.in/eKYC/ :

1. For Members having Mobile Number linked with UAN:-

    The functionality for "LINK UAN WITH AADHAAR" provided to Members online has been enhanced by providing additional facility to verify Aadhaar using Biometric.


2. For Employer with login-id and password of unified portal:-

  The functionality  "LINK UAN WITH AADHAAR"   has been extended to the Employers for verification of Aadhaar  of their respective employees either using Mobile/Email based OTP or using Biometrics





Monday, January 08, 2018

Karnataka Minimum wages Hike Dec-2017-(30.12.2017)


The proposal of the Government of Karnataka to revise the Minimum Wages for 37 Scheduled Employments listed below was circulated vide KEA Circular No.70 of 2017 dated 24.5.2017.

Sl.No. Scheduled Industry
01 Areca Nut
02 Bakeries
03 Biscuit Industry
04 Brass Copper &Aluminium Industry
05 Bricks Industry
06 Cardamom Malais & Cardamom Gardens
07 Chemical Industry
08 Cinchona Rubber, Coffee, Tea or Coffee Plantations
09 Cinchona Rubber, Coffee, Tea or Coffee Plantations(Non Staff)
10 Cloth Dyeing & Printing
11 Confectionary Industry
12 Co-operative Societies
13 Cotton Ginning
14 Crystal Cutting
15 Employment not Covered in any of the Industries
16 Engineering Industry
17 Granite Stone & Marbles
18 Khandasari Sugar Factory
19 Mandakki Batti
20 Metal Rolling & Re-Rolling(Ferrous) Industry
21 Metal Rolling & Re-Rolling (Non – Ferrous) Industry
22 Mosaic Tiles, Flooring Tiles or Glazing tiles
23 Petrol & Diesel Oil Pump Industry
24 Plywood Industry
25 Pulp Paper, Card Board, Straw Board,Newsprint.
26 Rubber Products (Including Foam & Coir Rubberised Products)
27 Rice Flour Or Dhal Mills
28 Sericulture (1)
29 Sericulture (2)
30 Shops & Commercial Establishments
31 Spinning Mills Industry
32 Stone Breaking
33 Textile Silk Industry
34 Tiles Industry
35 Tobacco Processing
36 Toddy Tapping
37 Wood Work Including Carpentry & Saw Mill Industry

The Government of Karnataka has issued a Final Notification revising the Minimum Wages of 37 Scheduled Employments effective from 30.12.2017. The salient features of the Minimum Wages and other conditions pertaining to Unscheduled Employments is given below More or less, the same wage rates are applicable to other Scheduled Employments except Plantations, which is in the range of Rs.7930 to 8144 Per Month. However, all other conditions are uniform.

WAGE:-
Highly Skilled : Basic Rs.15,423.40 + VDA
Skilled : Basic Rs.14,021.27 + VDA
Semi Skilled : Basic Rs.12,746.61 + VDA
Unskilled : Basic Rs.11,587.83 + VDA

VDA :
VDA payable @ 4 paise per point increase over and above CPI 6537 effective from the date of the Notification i.e., 30.12.2017. VDA payable will be Rs.367.20, in addition to the above wages
 πŸ‘‡


Goa Factory License Fees Changes


As per notification published in the Goa Official Gazette dated 4th January 2018, the Government of Goa has changed the fees for license, renewal of license and has extended the period of license renewal from five years to ten years. In case of a factory coming within the scope of the Act, where the application for registration and grant of license is made after the commencement of the manufacturing process, the occupier and manager, from the date of commencement of the manufacturing process till the date of submission of application for registration and grant of license, shall be liable to pay additional fee at the rate of two hundred percent of the fees payable per year. In case of closure of factory, along with notice of closure information sent shall be accompanied by a treasury receipt or an invoice for book adjustment, as the case may be, for payment of the fees due to be paid, if any, till the date of closure and a declaration stating that there is no presence of hazardous chemicals in the premises of the closed factory or the said hazardous chemicals have been shifted/disposed off in accordance with the relevant rules in force

πŸ‘‡






Wednesday, November 29, 2017

The Minimum Wages (Karnataka Amendment) Act, 2017

New Amendment under Minimum wages act 1948 of Karnataka 

Government of Karnataka has released the Minimum Wages (Karnataka Amendment) Act, 2017, as per the Amendment Act the Karnataka Government has increased the penalties under the Section 22 and Section 22A of The Minimum Wages Act, 1948


1. Short title and commencement.
2. Amendment of section 20.
3. Amendment of section 22.
4. Amendment of section 22A

2. Amendment of section 20.- In section 20 of the Minimum Wages Act,
1948 (Central Act XI of 1948), (herein after referred to as the Principal Act,-
(i) in sub-section (1), for the words “not below the rank of Labour Commissioner”, the words “not below the rank of Assistant Labour Commissioner” shall be substituted. (ii) in sub-section (4), for the words “fifty rupees” the words “one thousand rupees” shall be substituted.

3. Amendment of section 22.- In section 22 of the Principal Act for the
words “ which may extend to five hundred rupees” the words “which shall not be
less than five thousand rupees but which may extend to ten thousand rupees” shall be substituted.

4. Amendment of section 22 A.- In section 22A of the Principal Act, for the
words “five hundred rupees” the words “ten thousand rupees” shall be substituted

Circular:-πŸ‘‡

Implementation/ Extension of ESI Scheme in the Municipality and Notified Area Council (NAC) of the (3) Districts of Gajapati, Kendrapara and Nayagarh in the State of Odisha (District Hqrs)


Additional  district are covered from 1st Nov 2017 (Implementation/ Extension of ESI Scheme in the Municipality and Notified Area Council (NAC) of the (3) Districts of Gajapati, Kendrapara and Nayagarh in the State of Odisha (District Hqrs)

πŸ‘‡
Circular:- Extension of ESI Scheme in the Municipality in the State of Odisha District Hqrs

Instructions for Profession Tax Registration Certificate (PTRC) TIN holder, regarding selection of period while making the payment

Instructions for Profession Tax Registration Certificate (PTRC) TIN holder, regarding selection of period while making the payment.
 a)            In the SAP-TRM based system PTRC e-returns are linked with the e-payment of respective period. MGSTD is receiving many complaints in respect of the problems faced by the employers while filling PTRC e-return. Major complaints mention that even though the payments are made, the same are not being reflecting in the return.  It is noticed that many employers are making mistake while selecting period at the time of making payment. In this regard it is necessary to clarify provisions of Rule 11 of PT Rules 1975.As per Rule 11 of the Profession Tax Rules 1975; everyemployer whose Annual tax liability for the previous year or part thereof was
i)              below Rs 50,000 shall file annual return for current year.  Such return shall contain details of salary, wages and arrears paid in respect of March of Previous financial year to Feb of current financial year
ii)           Rs 50,000 or above shall file monthly return.  Such return shall contain details of salary and wages including any arrears paid in respect of the month immediately preceding the month to which the return relates.
Example: This illustration is given on the web-site www.mahavat.gov.in >> Acts & Rules >> Rules >> Maharashtra State …….. Employments Act 1975 >> Rule 11.
An employer pays salary or wages for the month of April on a date during the same month or the succeeding month i.e. May. This payment shall be shown in the return for May to be furnished on or before the 31st May.
Considering the above example, the employer should select / enter period as 1st May to 31st May while making the payments of PTRC for depositing PT deducted from the salary / wages of April of that year.
b)         As per Section 6(2) of the PT Act 1975, every return shall be accompanied by a treasury challan as the proof of payment of full amount of tax due according to the return and a return without such proof of payment shall not be deemed to have been duly filed. Therefore, the PTRC e-returns, where the balance payable is more than zero are not accepted by the system.
Selecting proper period while making payment will resolve the issue of balance payable shown in the draft PTRC e-return.
Please find attached circular specifying the procedure of e-payment under SAP system
πŸ‘‡

Tuesday, November 21, 2017

EPF Online Request in regards to Correction of Name Date of Birth and Gender

Currently if employee wants to correct his/her basic details against UAN the employee and employer are required to submit a joint request to the concerned EPFO filed office for correction of above mentioned basic details of employee.

In order to reduce the paper work and time delay  a new function has been introduce in the member interface in the unified portal for correction of basic details 

Once the member make the request the employer has to verify the same once it is approved & verified the respective changes will reflect in the UAN 

The respective circular & Process Flow is appended below 

Circular

πŸ‘‡

Name_correction_circular


Process Flow 

πŸ‘‡

Process flow for Name correction

Monday, November 20, 2017

Auto transfer of EPF account on change of job

Automatic transfer of employees' provident fund (EPF) while changing jobs will be initiated once first payment in respect of the new employee is received from present employer against the UAN flagged for auto-transfer, the Employees Provident Fund Organisation (EPFO), said in a circular.

πŸ‘‡ Circular

The EPFO also mentioned the other necessary functionalities required to carry out auto transfer of EPF on change of job. Here are they

1) Members, whose UAN and aadhaar number is entered and matched by the present employer against the existing details as available against the UAN would be marked for auto transfer

2) The Aadhaar number of the employee must have been seeded and verified against the UAN at the previous establishment level.
3) Member's details like date of joining, date of exit and reAson of exit should be available in respect of previous employment.
4) Member's UAN must have been activated and mobile number must be available.
5) SMS and e-mail will be sent to the member once the auto transfer is initiated.
6) The member can request to stop the auto initiated transfer either online using the "stop auto initiated claim cases" functionality provided in the "track claim status" link under "online services" tab in the member portal or through present employer or by approaching the nearest EPFO Office within a limit of 10 days of receipt of SMS informing the member of auto initiation of transfer request at unified portal
7) If the request to stop the auto initiated transfer against a given UAN is not received within the stipulated 10 days from either of the member, field office or employer interface under unified portal and the member contribution is deposited by the present employer and the same is reconciled, then the actual claim will be generated and made available in concerned field office for further processing
@courtesy http://www.timesnownews.com


Tuesday, November 07, 2017

ESIC Update Implement & Non Implemented area as on 1st Oct 2017

Dear all,

ESIC has issued a list of Implemented & Non implemented area under ESIC 2.0 as on 1st Oct 2017 it also include the effective date of the respective state/District. 

πŸ‘‡

Esic Implementation Status as on 1st Oct 2017

Friday, October 27, 2017

Haryana Contract Labour Act Amendment 2017

There has been amendment under Contract labour Act 1970 in Haryana region.

Amendment 2. In sub-section (4) of section 1 of the Contract Labour (Regulation and of section 1 of Central Act 37 Abolition) Act, 1970 (hereinafter called the principal Act), - of 1970.

(i) in clause (a), for the word "twenty", the word "fifty" shall be
substituted; and
(ii) in clause (b), for the word "twenty", the word "fifty" shall be

substituted.
                                πŸ‘‡
Notification:- CLRA - Amendment - Haryana - 2017

Payment of Bonus act Circular from Daman Labour Dept


It was  noticed by the Labour Department, that some industrial establishment/contractors in UT of Dadra and Nagar Haveli are still not paying bonus to the workers in accordance with the provision of the Payment of Bonus Act,1965/ - Payment of Bonus (Amendment) Act, 2015 despite issuing instruction vide Circular No. LEO/ Bonus -1141/2016 dated 28/10/2016 thereby depriving the workers from their legitimate right,various complaints were  often received that workers are paid less than they are statutorily entitled to get.  The act of employers paying less bonus or not paying bonus amounts to blatant violation of the provisions of the Payment  of Bonus Act. 1965 /  Payment of Bonus (Amendment) Act, 2015 and the employers are liable for action.

In this regards, to the same Deputy Labour  Commissioner, Dadra & Nagar Haveli has instructed to all Industrial  establishment and contractors to pay the bonus to their employees /workers as per the Payment of Bonus Act 1965/Payment of Bonus (Amendment) Act 2015. The instructions should be followed scrupulously. Non compliance of the provision of the Act would invite penal action. The employers shall also submit Annual Return in Form “D” under the Payment of Bonus Rules, 1975 immediately after making payment of bonus.

Hence, all the factories and establishments including contractors to which the above Acts applies are requested to ensure that they pay bonus to their eligible workers in accordance with the provisions of the Act.

For more details please go through the attachment.
πŸ‘‡

Inspection-Not-Required-Prior-To-Registration-Under-Rajasthan-Shops-And-Establishment-Act-1958

A new amendment under Rajasthan-Shops-And-Establishment-Act-1958 where in now no inspection is required prior to registration for the same necessary circular is appended below πŸ‘‡πŸ‘‡


Friday, September 29, 2017

Madhya Pradesh Minimum Wages 1st Oct 2017 to 31st Mar 2018



Madhya Pradesh Minimum  wages 1st Oct 2017 to 31st Mar 2018

Madhya Pradesh Minimum Wages 1st Oct 2017




Chattisgarh Minimum Wages 1st Oct 2017 to 31st Mar 2018



New Minimum Wages Chhattisgarh 1st oct 2017 to 31st Mar 2018
Chhattisgarh Minimum Wages Notification 1st Oct 2017



The Chhattisgarh Minimum Wages Revised Notification (Apr 2017)

The Government of Chhattisgarh vide notification No. F 10-4/2016/16 dated 1st May 2017 and notification No. 3030 dated 2nd May 2017 has revised the basic rates of minimum wages and VDA respectively, with effect from 1st April 2017. This notification has superseded the earlier notification No. F 10-4/2016/16 dated 29th March 2017

Gujarat Minimum Wages 1st OCt 2017 to 31st Mar 2018

With a reference to above subject We, would like to draw your kind attention that sir. Minimum Wages has been revised for the period 01/10/2017 to 31/03/2018 of “Gujarat Location”. The revised format of the minimum wages has been given in a tabular format is as under for different type of Industries & worker. So, our kind request with you sir that take note below given factors into consideration while setting the gross salary of the worker. The below given wage is monthly wage multiply by 26 Days. The data is given for per day wage rate

English Version Industry wise 
πŸ‘‡


Official Notification
πŸ‘‡

Thursday, September 21, 2017

Introduction of Composite Declaration Form (F-11) & New Transfer Process under EPF Act 1952

Dear all Employers,

In order to streamline the process of transfer as in the unified portal 2.0 as Member & employer both were facing the problem in regards to the same EPFO has introduced a new Form No 11 which is rename as Composite Declaration form No 11 ( F-11) and which is linked to the new transfer Process 

The Central Provident Fund Commissioner by exercising the powers conferred under para 36(7) read along with the provisions of para 34 and 57 of EPF Scheme, 1952 and para 24 of Employees' Pension Scheme, 1995 has ordered the introduction of Composite Declaration Form (F-11) by replacing the existing New Form-11 and the same is enclosed as Annexure

I request all employer to introduce the said changes in the joining formalities.


Circular πŸ‘‰Composite Declaration Form ( F-11)

Form πŸ‘‰New Declaration Form


Revised procedure for Transfer of Accounts

New Transfer Process  also introduce  which  will be automatically link with the New Declaration form

Highlights:-

πŸ‘‰In case the employee already has a UAN, the employer will be required to enter his details through registration of member functionalities on the employer's portal. Since there have been cases of wrong linking of current employment of member with a UAN that does not pertain to him, it would be necessary that the employer shall provide the
following data at this stage:-

a) UAN allotted to him in past
b) Aadhaar No. of the member
c) Name of the member

d) Date of Birth

πŸ‘‰In case, the earlier UAN was Aadhaar seeded and verified, the declaration by the employer of transfer request made by the employee in Form-11 will trigger an auto transfer process which will transfer the accumulations against his previous PF ID to the new PF ID. 

πŸ‘‰Form No. 13 is not required to be submitted in such cases. 

πŸ‘‰An SMS informing the subscriber about the proposed auto-transfer will be sent on his registered mobile number. Auto transfer will be completed only after:-
a) The member does not request to stop the proposed auto-transfer (either online, or
through employer or at the nearest EPFO office) within 10 days of said SMS, and

b) The first contribution by the present employer is deposited and reconciled

πŸ‘‰In case:-
a) the earlier UAN was not seeded with Aadhaar or
b) UAN was Aadhaar seeded but not verified or
c) EPF transfer from or to an exempted establishment
the member needs to apply for transfer in Form-13 as the existing procedure for physical transfer would be followed.

Failure to furnish Aadhaar will lead to difficulty in transferring of old accumulation into new account and therefore all employers are advised to ensure that the Aadhaar number of transferee is filled in the EPFO portal

CircularπŸ‘‰New Transfer Process




Wednesday, September 20, 2017

Here's An App That Lets You Check Your PF Balance, Pension

With the m-EPF app users can view their monthly credits through the passbook as well their details available with EPFO.

HIGHLIGHTS

  • EPF pensioners can access disbursement details through mobile app m-EPF.
  • m-EPF lets employees access their EPF account using Unique Account Number.
  • Employers can view remittance details using m-EPF app.
Link to download on android phone 

https://play.google.com/store/apps/details?id=com.phonegap.helloepfo
 m-epf- screenshot thumbnail


Most employees in the organized sector have an account with the EPFO or Employees' Provident Fund Organisation. The employee provident fund account is meant to offer financial security and stability when the employee retires. Both public and private employees can make  contributions on a monthly basis, and earn interest on their savings. Over the years, the amount in the account turns out to be a huge corpus. Now EPF India has created an app called as m-EPF. It helps employees monitor and operate the EPF account using their  Unique Account Number (UAN) from the comfort of their mobile phone.

The app says that users can view their monthly credits through the passbook as well their details available with EPFO. Similarly, the EPF pensioners have been given the facility to access their pension disbursement details through this mobile app.

The app, which has more than 1 million downloads according to Google Chrome Store, also enables employers to view their remittance details.

This year EPFO has made partial withdrawal easier from provident fund for medical and other purposes like purchase of house, education and marriage of children. For this purpose, the EPFO subscriber is no longer required to submit various certificates or documents.

EPFO has also proposed a loyalty-cum-life benefit of up to Rs. 50,000 at the time of retirement for contributing to the scheme for 20 years or more.

EPFO has also said that its 4.5 crore subscribers and around than 54 lakh pensioners, will now receive payments through electronic or digital fund transfer system only, ensuring quick transfer of funds, easier tracking and reconciliation thereof. The Ministry of Labour in a notification dated May 4, 2017, provided for electronic or digital fund transfer/payment of EPF benefits, pension disbursement and insurance claim. 

EPFO has also launched a housing scheme under which the members can make down payment for a house and also pay EMIs out of their EPF corpus.