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Friday, January 29, 2016

Draft Model Shops and Establishments (Regulation of Employment and Conditions of Services) Act 2015- High lights



The Shops and Establishment Act is a state legislation enacted by various states
which regulates operation of shops and establishment in that state. The Act is
applicable to non-hazardous manufacturing units employing less than 10 workers. The existing law regulates opening and closing time of establishment, Attendance and payment of Wages, Holidays and Leaves, Conditions of Employment, and includes provisions for Health, Safety and Welfare. The Government has been receiving suggestions from time to time to enact a model central law which the states could consider for enforcement either by adopting the central law or making necessary modifications by amending the state laws.


It has been represented to the central government that the enforcement of the
state Shops and Establishment Act by various states has brought about the following inadequacies that have affected the ease of doing business by the shops and establishments covered under the Act:-

1. Rigidity in Opening And Closing of establishments.
2. Discourages Women in employment.
3. Difficulties in Registration & Annual Renewal.
4. Problems in Maintenance of Statutory Records.
5. Arbitrariness in Statutory Inspections.

3.1. The present proposal, inter-alia, provides for the following:

1. A Model Shops and Establishment Act to be formulated by the Union
Government, on the pattern of which states will modify their individual Act.

2. Covers only establishments employing ten or more workers except
manufacturing units

3. Freedom to operate 365 days in a year.

4. Freedom for opening/closing time of establishment.

5. Women to be permitted during night shift.

6. No discrimination against women in the matter of recruitment, training, transfer or promotions.

7. Online one common Registration through a simplified procedure.

8. Power of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers.

9. Clean and safe drinking water

10. Lavatory, Creche, First Aid and Canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment

11.Twelve days casual cum sick leave.

12. One day earned leave for every twenty days of work performed (can be
accommodated up to 45 days)

13.Five paid holidays for festivals in addition to three national holidays.

14. Exemption of highly skilled workers (for example workers employed in 1.T., Bio- Technology and R&D division) from. daily working hours of t hrs and weekly
working hrs of 48 hrs subject to maximum 125 over-time hrs in a quarter.

15. Facilitators may be appointed by the Government with the following duties -

(i) Supply information and advice to employers and workers concerning
complying with the provisions of the Act.

(ii) inspect the establishment based on inspection scheme framed by the
Government

Necessary Draft Model enclsoed .




PMO seeks welfare coverage for construction labour

The Prime Minister’s Office (PMO) has asked the labour ministry to ensure that all construction workers in the country are covered under social security schemes such as the Employees’ Provident Fund.

Labour Secretary Shankar Aggarwal has also written to state governments to seek their co-operation in the endeavour.

The biggest challenge in bringing millions of India’s construction workers under various welfare schemes is the seasonal and migrant nature of their job.

Semi-skilled
Most workers in the construction sector are semi-skilled or unskilled and work at sites across the country for spells of a few months at a time. With low literacy levels, they are also prone to benefit cheating by employers or contractors they work with.

Cess collections
Every state collects cess on the cost of construction incurred by employers to form a fund to be utilised for welfare of construction workers.

Of the total cess of Rs 16,214 crore collected till December 2014, only Rs 2,859 crore, or a little over 17 per cent, has been spent as most states have failed to design any schemes to deploy these funds.

“The matter (of covering construction workers) is being monitored at the highest level in government and this is an area flagged as one of utmost concern,” according to a note sent to all provident fund commissioners last week.

“Thus it becomes imperative that this work is accorded top priority and taken up in right earnest, duly engaging all the stakeholders, including various trade unions and industry bodies,” Regional Provident Fund Commissioner (Compliance) Gautam Dixit wrote in the missive.

UAN portal
To counter the issue of frequent changes in employer and location, the Employees’ Provident Fund Organisation or EPFO has decided to register construction workers on the Universal Account Number (UAN) portal, thereby allocating them a universal number for easy transfer of PF funds while switching jobs.

The regional commissioners have been requested to organise meetings with public sector units, trade unions and visit big construction sites. The EPFO has also asked them to hold meetings with state labour departments and to get in touch with the State Building and Construction Workers Board constituted by states to get the database of construction workers.

The PF office has sought an action taken report from all the regional PF commissioners within seven days on the issue.

Pls refer to the necessary circular as issued by the Central Epf Office to All SRO & Regional Office.

C3_Coverage_ConstructionWkrs_22072


@Courtesy  http://www.thehindu.com/business/


Thursday, January 28, 2016

STAY-ORDER-HIGH-COURT-OF-KERALA-PAYMENT-OF-BONUS-AMENDMENT-ACT-2015

Dear all,

As per the new amendment of bonus act kerala High Court has given Stay to the same the respective High Court Order is enclosed for your ready reference. In my view we should wait for Some time before paying the bonus amount i.e. from Apr 2014 there are chances that some other states also get Stay order in the same manner. 

STAY-ORDER-HIGH-COURT-OF-KERALA-PAYMENT-OF-BONUS-AMENDMENT-ACT-2015-

Wednesday, January 27, 2016

Declared Paid Holiday - Hyderabad - 2-Feb-16 - Due To Election

Dear all,
In exercise of the powers conferred under sub-section (2) of section 3 of
A.P. Factories and Establishments (National Holidays and Other Holidays) Act,
1974 (AP Act No.32/1974) and A.P. Shops & Establishments Act, 1988, read with the provisions laid down in Section 135-B(4) of the Representation of Peoples Act, 1951, Government of Telangana State hereby declare the day of poll i.e. 02.02.2016 (Tuesday) as Paid Holiday to all the employees and workers in the Factories, Shops & Establishments and Industrial Undertakings situated in the Greater Hyderabad Municipal Corporation area in view of the 3rd Ordinary
Elections to GHMC-2016. Respective notification is appended below

Sunday, January 24, 2016

Guide to "The Maternity Benefit Act,1961"


Object of the Act:

To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

Coverage of the Act:
Upon all woman employee directly or through contractor except domestic women employees employed in mines,factories, plantations, and also in other establishments if the State Government so decides.

Therefore, if the State Government so decides Act to women employees in shops and commercial establishments , they also will get the benefit of this Act.     

Conditions for eligibility of benefits:
Women including temporary employee   & Permanent employee  (married Women) are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Conditions for claiming benefits:
  • 10 weeks before the date of her expected delivery, she may ask the employer to give her light work for a month. At that time she should produce a certificate that she is pregnant.
  • She should  give written notice to the employer about 7 weeks before the date of her delivery that she will be absent for 6 weeks before and after her delivery.She should also name the person to whom payment will be made in case she cannot take it herself.
  • She should take the payment for the first 6 weeks before she goes on leave.
  • She will get payment for the 6 weeks after child birth within 48 hours of giving proof that she has had a child.
  • She will be entitled for 2 nursing breaks of 15 minutes each in the course of her daily work till her child is 15 months old.
  • Her employer cannot discharge her or change her conditions of service while she is on maternity leave.




Failure to display Extract of the Act:
Imprisonment may extend to 1 year or fine.
  

Minimum wages of Rajasthan W.E.F From 1st Jan 2016

Dear All 


Rajasthan Minimum  wages has been Increase W.E.F from 1st Jan 2016  necessary Notification in local language has been enclosed & also  converted in to English

The respective wages are Per day 

Sr. No.
Scheduled Employment
Total Minimum Wages (In Rs)
Unskilled
Semi-skilled
Skilled
Highly-Skilled
1
Agriculture
197
207
217
267
2
Automobile Workshop
197
207
217
267
3
Employment in Bricks Works Industries
197
207
217
267
4
Cabal operating and Related services
197
207
217
267
5
Cement Prostrated Project Industry
197
207
217
267
6
Cinema industry
197
207
217
267
7
Cold drinks soda & Allied Products
197
207
217
267
8
Cold Storage
197
207
217
267
9
Computer Hardware Industry & Services
197
207
217
267
10
Contingency & workers in all government offices
197
207
217
267
11
Cotton Dyeing, Printing and Washing factories
197
207
217
267
12
Cotton Ginning & Pressing Factories
197
207
217
267
13
Cotton Waste Spinning Factories
197
207
217
267
14
Employment in Construction & Maintenance of Roads
197
207
217
267
15
Handloom Industry
197
207
217
267
16
Hotel and Restaurants
197
207
217
267
17
Employment in Irrigation Departmental workers
197
207
217
267
18
Engineering Industries
197
207
217
267
19
Employment in  Sugar Pan Industries without Mechanical Power
197
207
217
267
20
Employment in Institutions of Gota kinari and Lappa
197
207
217
267
21
Jute Patte Industry
197
207
217
267
22
Khadi Handicraft & Village Industry
197
207
217
267
23
Employment in Local Authority undertakings
197
207
217
267
24
L.P.G. distribution and related services
197
207
217
267
25
Marketing and Consumers Co-operating Societies
197
207
217
267
26
Metal Foundry & General Engineering Industry
197
207
217
267
27
Employment in Mica works 
197
207
217
267
28
Non-Government Organization (N.G.O.) & Institutions
197
207
217
267
29
Oil Mills
197
207
217
267
30
Pesticide along with chemicals & Pharmaceuticals Industry
197
207
217
267
31
Petrol Pumps &  related  Services
197
207
217
267
32
Private Educational Institution
197
207
217
267
33
Private Hospitals & Nursing Homes
197
207
217
267
34
Power loom Factories
197
207
217
267
35
Printing Press
197
207
217
267
36
Employment in Production, Distribution and Supply of Electricity
197
207
217
267
37
Employment in Public Health  Engineering Department
197
207
217
267
38
Public Motor Transport
197
207
217
267
39
Public Works Department
197
207
217
267
40
Rice Mill, Flour Mill & Dal Mill
197
207
217
267
41
STD, ISD, PCO &  related  Services
197
207
217
267
42
Shops and Commercial Establishments.
197
207
217
267
43
Small Scale Industry
197
207
217
267
44
Soap Stone Factories
197
207
217
267
45
Sweeper & Sanitary service not covered in other employment
197
207
217
267
46
Tailoring work & Garments Industry
197
207
217
267
47
Taxies Auto Rickshaw & Traveling Agencies
197
207
217
267
48
Textile Industry
197
207
217
267
49
Manufacturing of Tiles & Potteries Industry
197
207
217
267
50
Wool Cleaning and Pressing Factories
197
207
217
267
51
Woollen Spinning and Weaving Factories
197
207
217
267
52
Wood works & Furniture Industry
197
207
217
267
53
Factories registered under Factory Act
197
207
217
267