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Wednesday, January 25, 2017

ESIC Implementation in Entire Hooghly District 1st Jan 2017

 As Per ESIC 2.0 Program Phase  in regards  covering Non implemented areas to Implement areas entire Hooghly district  is covered under Esic from 1st Jan 2017 

Necessary Notification is appended below 

ESIC Implementation of Entire Hooghly District

New Year Gift to Female Employees from ESIC in regards to Maternity Benefit Act from 20th Jan 2017

G.S.R. 62(E).—Whereas draft rules further to amend the Employees’ State Insurance (Central) Rules, 1950 were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number G.S.R. 958(E), dated the 6th October, 2016, as required under sub-section (1) of section 95 of the Employees’ State Insurance Act,

1948(34 of 1948), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Gazette containing the said notification was published were made available to the public;

And whereas, copies of the said Gazette were made available to the public on the 6th October, 2016;

And whereas, no objections and suggestions were received from persons in respect of the said rules; Now, therefore, in exercise of the powers conferred by section 95 of the Employees’ State Insurance Act,1948(34 of 1948), the Central Government after consultation with the Employees’ State Insurance Corporation, hereby makes the following rules further to amend the Employees’ State Insurance (Central) Rules, 1950, namely:-

(b) in rule 56, in sub-rule (2),--
(i) for the words “ twelve weeks of which not more than six weeks”, the words “twenty-six weeks of which not more than eight weeks” shall be substituted;

(ii) after the first proviso, the following provisos shall be inserted, namely:--
Provided further that the insured woman shall be entitled to twelve weeks of maternity benefit from the date the child is handed over to the commissioning mother after birth or adopting mother, as the case maybe: 

Provided also that the insured woman having two or more than two surviving children shall be entitled to receive maternity benefits during a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement.

Wednesday, January 18, 2017

EPF dues solely on the basis of balance sheet without identification of beneficiaries is not sustainable

Assessment of EPF dues solely on the basis of balance sheet without identification of beneficiaries is not sustainable

An appeal was filed by the appellant before the Employees' Provident Fund Appellate Tribunal, challenging the order dated 23.09.2011, passed by the EPF Authority, under section 7-A of the Act.
Brief Facts:
Dues were assessed on the basis of balance sheet without identification of beneficiaries on EO's report. Appellant's contention is that employees were engaged through different registered contractors from time to time. EPF Authority submitted that the appellant neither produced list of contractors nor list of employees and in such circumstances there was no option with the department, except to pass the impugned order.
Reasons & Decision:
The entire case of assessment of EPF dues is for the period April 2005 to March 2011. Neither EO nor the EPF Authority is known to the beneficiaries till date. Dues, if collected, would not give any benefit to any of the employees. Hence, impugned order is sets aside. Matter is remanded back to the EPF Authority for passing a speaking order by getting joined the alleged contractors, having identified the beneficiaries and only on the basis of balance sheet, in accordance with law. Appellant is supposed to furnish complete list of contractors and employees within 2 months from the date of this order to the EPF Authority. Any amount deposited shall not be disbursed till further order.
Food Corporation of India vs. APFC, Jabalpur
ATA No. 09 (8) 2012 decided on 7.11.2016 

Thursday, January 12, 2017

EPFO gives 5 Days Grace period for Payment of Dec-2016

Dear all,

In  regards to the New ECR 2.0 version  unified portal was not responding due to connectivity issues etc in regards to the same  the Competent Authority has decided that, as a special case, concession of grace period of 5 days is allowed for the employers to deposit the contribution and other dues for the month of December,2016  by 20th January,2017.
EPFO 5 Days Grace period of Dec 2016

Wednesday, January 11, 2017

Increase In Limit For Applicability Of Maharashtra Contract Labour And Regulation Act

As per the Notification of Maharashtra Act II of 2017, Part VIII Ext. 4 published in official gazette of Maharashtra, the Contract Labour (Regulation and Abolition), Act 1970 will be applicable to every principal employer and Contractor who employs fifty or more workers W.E.F 5th Jan 2017

Gazeeted Copy 

Sunday, January 01, 2017

The Payment Of Wages (Amendment) Ordinance 2016

As per The Payment Of Wages (Amendment) Ordinance, 2016, all wages must be paid in current coin or in currency notes or by cheque or by crediting the wages in the bank account of the employee. Provided that the appropriate government may, by notification in the official gazette, specify the industrial or other establishment, where the employer shall pay to every person employed the wages only by cheque or by crediting the wages in his bank account

Notification in regards to respective amendment