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Friday, July 31, 2020

Karnataka Various Labour Law Amendments ordinance 2020

(1)  This Ordinance may be called the   Industrial   Disputes   and  

 Certain   other laws   (Karnataka   Amendment) The ordinance, 2020.


(2) It shall come into force at once.

 

2.  Amendment   of  the  Industrial   Disputes   Act,  1947.-   In   the Industrial Disputes Act, 1947 (Central Act No.14 of 1947), in section 25K,-

 

(i)       in sub-section  (1), for the words  "one  hundred",  the words  "three hundred", shall be substituted; and

(ii)     in sub-section (1A), for the words "one hundred", the words "three hundred", shall be substituted.


3.  Amendment of the Factories Act, 1948.- In the Factories Act, 

1948 (Central Act No.63 of 1948),-


(1)     in section 2, in clause (m),-

                                (i) in item (i) for the words "ten or more", the words "twenty or 

                    more", shall be substituted; and

(ii) in item (ii), for the words "twenty or more", the words "forty or more", shall be substituted.

(2)     in section 65, in sub section (3) in clause (iv) for the words “seventy-five the words one hundred and twenty-five shall be substituted.

 

4.  Amendment  of the Contract  Labour (Regulation  and Abolition) Act,                 1970.- 

In the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No.47       of 1970),  in section  1, in sub-section  (4) in item (a) for the words "twenty or            more", the words "fifty or more", shall be substituted.


Notification :- 👉 Karnataka Labour Laws Amendment




Thursday, July 23, 2020

KARNATAKA DEFERS PAYMENT OF VDA PAYABLE UNDER MINIMUM WAGES BY ONE YEAR

KARNATAKA DEFERS PAYMENT OF VDA PAYABLE UNDER MINIMUM WAGES BY ONE YEAR

 1. The Department of Labour, Government of Karnataka vide its order No. KAE 72 LWA 2020 dated 20.07.2020 has permitted postponement of payment of VDA payable under various Minimum Wages Notifications by employers for the period from 01.04.2020 to 31.03.2021 to mitigate the hardship being faced by the employers who were directed by the Central Government to pay wages, including VDA to their employees for the lockdown period.

 

2. The implications of the order to defer VDA are:

· Employers can avail this facility and defer payment of VDA of Rs. 417.60 per month which has become payable from 01.04.2020 to 31.03.2021 under various Minimum Wage notifications.

· The employers will have to pay the deferred VDA after 31.03.2021 to their workmen in addition to the VDA as applicable from 01.04.2021 onwards.

· If employers choose not to pay VDA, they will not be liable to pay ESI and PF also on the deferred VDA.

·However, ESI and PF will become payable when the deferred VDA is paid after 31.03.2021

· When the deferred VDA is paid, the employers will also have to pay the difference in bonus and also a difference in leave with wages as well as the difference in overtime payment.

· These options are available for VDA payable to Contract Labourers also

 

3. Employers may choose to pay the VDA of Rs. 417.60 per month without availing the deferment facility if they feel it is burdensome to pay the deferred VDA after 31.03.2021.

4. If employers have already paid VDA for the months of April to June 2020, they may avail deferment of VDA facility from July 2020 onwards.

5. Employers are advised to choose the best option from the above keeping in mind their present financial condition as well as their future financial projections.

6. A copy of the Order No. KAE 72 LWA 2020 dated 20.07.2020 issued by the Department of Labour, Govt. of Karnataka is attached herewith.



Monday, July 20, 2020

Gujarat Factory Act Amendment 2020 on Working Hours From 20th July 2020 till 19th Oct 2020

The  State  of Gujarat  is  still  battling   an  outbreak   of "Coronavirus"  pandemic,  the  Government of Gujarat  has  decided  to  extend  the said  time  limit  for  providing  certain  relaxations  for  industrial  and  commercial activities  till  l 91h October 2020;


NOW, THEREFORE, in the exercise of the powers conferred by Section  5 of the  Factories   Act,   1948  (LXIII  of 1948),  the  Government of Gujarat hereby directs that all the factories registered under the  Factories  Act,   1948  shall be exempted from various provisions relating to weekly hours,  daily hours,  intervals for rest, etc. of adult workers under section  51, section  54, section  55 and section  56 with the following conditions from 20th  July till 19th October 2020,-

(1)   No adult worker shall be allowed or required to work in a factory for more than twelve hours in any day and Seventy  -two hours in any week.

(2)   The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no worker shall work for more than six hours before he has had an interval for rest of at least half an hour.

(3) No Female workers shall be allowed or required to work in a factory between 7:00 PM to 6:00 AM.

(4)   Wages shall be in a proportion of the existing wages.  (e.g.  If wages  for eight hours  are  100  Rupees,  then  proportionate wages  for twelve  hours  will be  150 Rupees).




Friday, July 17, 2020

Gujarat Factory Act Ordinance 2020 threshold limit increase from existing 20 to 40

Under sub-clause (i) and (ii) of clause (m) of section 2 of the Factories Act, 1948 

“factory” has been defined as any premises, including the precincts thereof 

(i) whereon ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or 

(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. 

Because of the existing limit, small units are also covered under the definition of “factory”. Due to increase in manufacturing activities by small units in the State, the existing threshold limit of “ten” and “twenty” is amended by “twenty” and “forty” respectively, so that establishing of small manufacturing units be promoted resulting in the creation of more employment opportunities for workers. Consequently, existing section 85 of the Act is amended.


Sunday, July 12, 2020

Himachal Pradesh Contact Labour Act amendment 2020


The State Government of Himachal Pradesh vide its gazette notification dated 9th July 2020 has published the Contract Labour (Regulation and Abolition) Himachal Pradesh Amendment Ordinance, 2020 The Act shall be applicable to every establishment in which thirty or more workmen are employed or were employed on any day of the preceding twelve months as contract labourer.

i.e. Earlier the applicability of the act was 20 Now from 9th July 2020 it is 30

Pls refer to the gazetted copy page No 31 & 32 of the same  

Wednesday, July 01, 2020

Extension of paying ESIC Contribution for the Period Oct-2019 to Mar-2020

Greetings from PCS!

One more good initiative from ESIC in this Pandemic period wherein many employers were not able to pay the regular contribution for the period of Mar-2020.

Looking at the current situation, ESIC has opened the Contribution Period  Oct-2019 to Mar-2020  & those employers were not able to pay the contribution can pay by 15th July 2020.


Circular:- TIME EXTENSION FOR FILING CONTRIBUTION