Posted by & filed under Maternity Benefit Act.

The Madras High Court, in a historic world landmark judgment, has set a global precedent by ensuring fair and equitable access to maternity leave for women. This ruling, delivered on 24 January 2025, confirms that maternity leave cannot be denied for a third pregnancy if it is claimed for the first time. Justice R. Vijayakumar’s decision highlights the importance of interpreting Maternity Leave Rules in a compassionate and purposeful manner, setting an example for women’s rights worldwide.

Case Background: A Fight for Maternity Leave Rights

The case involved Kohila, a staff nurse at Government Rajaji Hospital, Madurai. Kohila had two children during her first marriage but did not claim maternity leave as she was employed on a contractual basis. After her divorce and remarriage, she conceived again and applied for maternity leave as a permanent employee. Her request was denied based on Rule 101(a) of the Tamil Nadu Fundamental Rules, which limits maternity leave to women with less than two surviving children.

Key Observations by the Court

Justice R. Vijayakumar made the following significant observations in this global milestone case:

  1. Purposive Interpretation of Maternity Leave Rules
    • The court emphasised that maternity leave rules must be interpreted to ensure fairness. A woman’s right to maternity leave cannot be denied for a third pregnancy if she is claiming it for the first time.
    • The rule’s intent—to promote population control, protect women’s health, and manage financial constraints—must not restrict an individual’s rights unfairly.
  2. No Financial Strain on the State
    • The court clarified that granting maternity leave to Kohila, who had never claimed it before, does not burden the State exchequer. Instead, it aligns with the principles of equitable treatment.
  3. Harsh Administrative Actions Criticised
    • Referring Kohila to a medical board and deeming her fit to work just five days before her delivery was deemed unreasonable. The court criticised such actions as harsh and insensitive.

Court’s Final Ruling

The Madras High Court ruled in favour of Kohila and set aside the orders denying her leave. The authorities were directed to grant her maternity leave within 12 weeks based on her application. The judgment also underscored the importance of fair treatment in similar cases worldwide.

Why This Judgment is a World Landmark

This ruling goes beyond the confines of Tamil Nadu or India, setting a global precedent for:

  1. Women’s Employment Rights
    • It reaffirms the need for gender-sensitive workplace policies that respect women’s reproductive rights and employment benefits.
  2. Global Equity Standards
    • By allowing maternity leave for a third pregnancy on first claim, the judgment provides a model for other governments and organisations to follow.
  3. Compassionate Governance
    • The court’s approach demonstrates the importance of empathy and fairness in interpreting laws affecting vulnerable groups.

Lessons for Policymakers and Employers

This judgment offers critical lessons for employers and governments worldwide:

  1. Adopt a Fair Approach
    • Policies must be implemented with fairness, avoiding rigid interpretations that harm individual rights.
  2. Support Women’s Health and Rights
    • Maternity leave provisions should ensure that women are supported in balancing professional and personal responsibilities.
  3. Global Benchmarks for Governance
    • The Madras High Court’s ruling provides a roadmap for framing and interpreting maternity leave policies in line with international best practices.

Conclusion

The Madras High Court’s 2025 judgment marks a world landmark moment in maternity leave rights. By ensuring that maternity leave is accessible to women even for a third pregnancy claimed for the first time, the court has upheld principles of fairness, compassion, and equity. This decision not only sets a strong precedent for India but also offers global inspiration for advancing women’s rights in the workplace.

Posted by & filed under Provident Fund - (Notification -Circulars), Provident Fund -Forms, Provident fund -News.

The EPFO invites you to the Nidhi Aapke Nikat 2.0 Camp—a one-stop platform for employees, employers, and pensioners to resolve queries and access personalised assistance.

Key Benefits:

👨‍💼For Employees: Quick solutions for PF, UAN, withdrawals, and KYC updates.

🏢 For Employers: Guidance on compliance procedures and grievance resolution.

👴 For Pensioners: Special Pension Help Desk for PPO, arrears, and life certificate submission.

📆 Date: 27th January 2025

🤝 Why Attend? Interact directly with EPFO officials, gain clarity on schemes, and resolve issues instantly! Spread the word and make the most of this opportunity!

💼✨ #NidhiAapkeNikat #EPFO #EmployeeWelfare #PensionHelp #GrievanceResolution

Posted by & filed under Delhi Election.

As the General Election to the Legislative Assembly of NCT of Delhi approaches, it’s crucial for employers and employees to stay informed about their rights and responsibilities. Mark your calendars for 5th February 2025 (Wednesday)—a day dedicated to democracy and your right to vote!

🔍 What Does the Law Say?

The Election Commission of India (ECI), under Section 135B of the Representation of the People Act, 1951, mandates that all employers provide a paid holiday to their employees on the day of polling. This directive ensures that every eligible voter has the opportunity to participate in shaping the future of the state.

✅ Who Is Covered?

The paid holiday applies to employees working in:

  • Factories 🏭
  • Shops and commercial establishments 🏢
  • Private offices and institutions 👩‍💻👨‍💼

Note: Exceptions may apply to essential services, but arrangements must be made to allow employees to vote.

📋 Employer Responsibilities

Employers are required to:

  1. Grant a Paid Holiday: Ensure employees are not penalized for taking time off to vote. 💰
  2. Public Notification: Notify employees about the holiday at least three days before the poll date. 🗓️
  3. Compliance with the Law: Non-compliance may attract legal penalties. ⚖️

🌟 Why Voting Matters?

Voting is not just a right but a responsibility. By casting your vote, you contribute to the democratic process and help shape policies that impact your life and the future of the state. A high voter turnout strengthens democracy and ensures fair representation.

📣 How Employers Can Spread Awareness

To ensure compliance and encourage participation, employers can:

  • Publish Public Notices in their workplace.
  • Share information through emails or internal communications. 📧
  • Display notices on their websites and social media channels. 🌐

🔔 Important Dates to Remember

  • Polling Day: 5th February 2025 (Wednesday)
  • Deadline for Notification: At least 3 days before polling day.

🌐 Stay Informed

For updates, visit the Labour Department’s website or check announcements in leading newspapers. Ensure your workplace complies with the directive and empowers employees to fulfill their democratic duty.

📢 Key Takeaway

Employers, ensure a paid holiday for your employees on polling day. Employees, take this opportunity to cast your vote and make your voice heard. Together, let’s contribute to a stronger, more inclusive democracy.

🗳️ #DelhiElections2025 | #RightToVote | #PaidHoliday | #ElectionDay | #EmployeeRights

Posted by & filed under Minimum Wages-Tripura, Tripura.

The Labour Department of Tripura has issued a notification dated 12th December 2024, announcing the revised minimum wage rates applicable to workers employed in various industries across the state. These changes include updates to the Variable Dearness Allowance (VDA) and apply retrospectively from 1st October 2024. This revision is crucial for businesses and workers to ensure compliance and fair compensation.

Industries Covered Under the Notification

The revised minimum wage rates are applicable to employees/workers engaged in the following sectors:

  • Shops and Establishments
  • Agriculture
  • Auto-Rickshaw Operations
  • Beedi Industry
  • Construction and Maintenance of Roads or Buildings
  • Cooperative Stores and Societies
  • Goldsmith Sector
  • Hotels and Restaurants
  • Incense Stick Manufacturing
  • Mechanical Workshops
  • Petrol Pumps
  • Private Security Guards
  • Private Teaching Institutions
  • Public Motor Transport Services
  • Rubber Plantations
  • Safai Karamchari (Sanitation Workers)
  • Stone Breaking, Loading, and Unloading Activities

Highlights of the Revised Wages

  1. Variable Dearness Allowance (VDA):
    The VDA has been revised for all covered sectors, reflecting the changes in the cost of living index.
  2. Overtime Provisions:
    Employees working beyond prescribed hours are entitled to overtime wages as per the revised rates.
  3. Classification of Labour:
    Workers have been classified into three categories with separate wage rates:
    • Unskilled Labour
    • Semi-Skilled Labour
    • Skilled Labour

Significance for Employers and Employees

  • For Employers: Ensuring compliance with these revised rates is mandatory to avoid penalties under labour laws.
  • For Employees: Workers will benefit from fair compensation aligned with inflation and market standards.

Compliance Requirements

Employers in the listed industries are advised to update their payroll systems and wage structures in accordance with the revised rates. Documentation for overtime pay and labour classification should be maintained to meet statutory requirements.

Why It Matters?

The revision ensures that the workforce in Tripura is fairly compensated, reflecting the economic changes and cost of living adjustments. It also promotes a transparent and just wage system across the state.

For a detailed breakdown of the revised wage rates and classifications, refer to the attached notification.

Posted by & filed under Tamilnadu ISM.

A vibrant and professional cartoon illustration of a factory setting with happy and diverse migrant workers (men and women) holding their Aadhaar cards, standing in a queue at a laptop station labeled 'Tamil Nadu Labour Department ISM Portal.' An official in a neat suit is cheerfully assisting the workers, pointing at the laptop screen. The background subtly includes the Tamil Nadu map and Labour Department logo, along with factory buildings. The scene is colourful, engaging, and designed for an informative blog, with clear and detailed elements.

Mandatory Registration of Migrant Workers on Tamil Nadu Labour Department’s ISM Portal

The Tamil Nadu Labour Department has taken a significant step toward ensuring the welfare of interstate migrant workers by mandating their registration on the Interstate Migrant Workers (ISM) Portal. This initiative applies to all factories and establishments employing migrant workers, whether directly or through contractors. Employers must comply with this directive to avoid legal penalties and contribute to a transparent system for worker welfare.

This article explains the registration process, compliance requirements, and benefits for employers in Tamil Nadu.

Tamil Nadu Labour Department’s ISM Portal

The ISM Portal is an initiative by the Tamil Nadu Labour Department to create a comprehensive database of interstate migrant workers. This system facilitates:

  1. Transparent monitoring of worker details.
  2. Effective implementation of welfare measures.
  3. Prevention of exploitation and legal violations.

Who Must Register Migrant Workers?

Applicability:

  • Employers in Tamil Nadu hiring interstate migrant workers for permanent, temporary, contractual, or casual work.
  • Both directly employed workers and those hired through contractors must be registered.

Key Deadline for Compliance

The Tamil Nadu Labour Department has set 26th December 2024 as the deadline for completing the registration of all migrant workers on the ISM Portal.

Step-by-Step Registration Process

  1. Access the Portal: Visit the ISM Portal at https://labour.tn.gov.in/.
  2. Log In or Register: Create an employer account if you are a first-time user.
  3. Enter Worker Details: Provide the Aadhaar number and phone number for each worker.
  4. Submit Details: Save and submit the data for each worker.
  5. Update Status Regularly: Mark workers as “Active” or “Inactive” based on their current employment status.

Post-Registration Reporting

Once the registration process is completed, employers must:

  1. Take a screenshot of their dashboard showing the updated worker details.
  2. Email the screenshot to ddishcbe1@gmail.com along with:

    • Factory Registration Number (e.g., CBEXXXXX).
    • Number of workers already registered.
    • Number of workers registered in the latest update.

Key Clarifications from Tamil Nadu Labour Department

  1. No Fees Involved: There are no charges for registering migrant workers on the ISM Portal.
  2. Separate Requirement: This portal registration is distinct from the Migrant Workers Registration Certificate issued by the Labour Department.
  3. Short-Term Employment: Even workers employed for a single day must be registered. Deactivation can be done when they leave.
  4. Inclusive of Contractors’ Workers: All workers hired through contractors must also be registered.

Benefits of Registration for Employers

  1. Legal Compliance: Ensures that your organisation adheres to Tamil Nadu Labour Department regulations.
  2. Enhanced Reputation: Demonstrates your commitment to transparency and worker welfare.
  3. Avoidance of Penalties: Compliance with ISM Portal rules prevents legal actions by DISH squads.

Government Support for Employers

The Tamil Nadu Labour Department provides a detailed manual to guide employers through the registration process. Employers facing technical challenges can contact the department for prompt assistance via WhatsApp or email.

Conclusion

The Tamil Nadu Labour Department’s ISM Portal is a vital tool for improving the welfare of interstate migrant workers and ensuring compliance with labour laws. Employers must act swiftly to meet the 26th December 2024 deadline and contribute to this significant initiative.

If you need professional assistance or further clarifications, feel free to reach out. Compliance is not just an obligation—it’s a step toward creating a fair and inclusive work environment in Tamil Nadu

Posted by & filed under Labour Dept Westbengal.

The Labour Department of the Government of West Bengal has announced a revision in contribution rates under the West Bengal Labour Welfare Fund (WBLWF). This update, effective from January 1, 2024, is aimed at enhancing employee welfare.Key Highlights

Key HighlightsEmployers’ Contribution:

Revised to ₹30 per employee, applicable to all employees listed in establishment registers.

Payment Schedule:

Contributions are to be paid twice a year, for periods ending:June 30December 31

Implementation:

The new rates will apply from January 1, 2024, beginning with the period ending June 30, 2024.

Compliance Tips:-

Update payroll systems to reflect the new contribution rates.

Ensure timely biannual payments to avoid penalties.

Maintain accurate employee records for smooth compliance.

This revision underscores the government’s commitment to employee welfare and employer accountability.

Notification :- 👇

Posted by & filed under ESIC, Esic Benefits, Esic-Circulars.

Introduction

The Employees’ State Insurance Corporation (ESIC) has introduced an efficient and user-friendly provision for bulk Aadhaar seeding of ESIC beneficiaries. Employers can now upload Aadhaar details in bulk through the ESIC Employer Portal, ensuring seamless Aadhaar verification and compliance.

This article provides a step-by-step guide, highlights the benefits, and addresses common issues, helping employers implement the process effectively.

What is Bulk Aadhaar Seeding in ESIC?

Bulk Aadhaar seeding allows employers to upload multiple Aadhaar records of beneficiaries in one go through the ESIC Employer Portal. This system simplifies the Aadhaar verification process, ensuring faster and accurate delivery of ESIC benefits.

Key Features of the Bulk Aadhaar Seeding Process

  1. Bulk Upload via CSV Files
    • Employers can upload up to 4 Excel files (CSV format) per day.
    • Each file supports 250 Aadhaar records, making it a time-saving solution.
  2. Multiple Verification Methods
    • Aadhaar can be seeded using:
      • OTP Authentication
      • Biometric Verification
      • Face Authentication
  3. Automated Error Handling
    • Failed records due to mismatches will be automatically included in subsequent uploads after 24 hours.
  4. User Manual for Guidance
    • A detailed User Manual is available on the ESIC Portal since 06.12.2023 to assist employers.

Why Aadhaar Seeding is Important for ESIC Beneficiaries

Aadhaar seeding is essential to:
✅ Verify Beneficiary Identity: Ensures accurate identification and eliminates duplicates.
✅ Streamline Benefits: Enhances the efficiency of ESIC benefit delivery, including medical care, cash benefits, and maternity leave.
✅ Ensure Compliance: Aligns with the eKYC requirements under ESIC regulations.
✅ Simplify Processes: Reduces manual submissions and data errors.

Step-by-Step Guide for Bulk Aadhaar Seeding

Follow these simple steps to seed Aadhaar details of beneficiaries:

  1. Download the User Manual
    • Visit the ESIC Employer Portal and download the detailed User Manual.
  2. Prepare the Aadhaar Data
    • Fill the required details (Aadhaar number, mobile number) in the CSV template provided.
    • Ensure data accuracy to avoid rejections.
  3. Upload Aadhaar Data
    • Log in to the ESIC Employer Portal.
    • Navigate to the Bulk Aadhaar Seeding section.
    • Upload the completed CSV file (maximum 250 records per file).
  4. Check Upload Status
    • Verify the upload status after 48 hours.
    • Failed records will be reprocessed automatically in subsequent uploads.
  5. Address Errors
    • Resolve issues like demographic mismatches through the “Update Employee Details” workflow.

Reference to Earlier Circulars

The current update is part of ongoing improvements communicated earlier via circulars issued on:

  • 📅 20.06.2023
  • 📅 17.07.2023
  • 📅 20.07.2023
  • 📅 04.10.2023
  • 📅 10.01.2024

The bulk Aadhaar seeding provision was introduced on 06.08.2024, enhancing the feature to allow multiple uploads per day.

Common Issues and Solutions for Bulk Aadhaar Seeding

Issue

Solution

Demographic Mismatch

Update beneficiary details via “Update Employee Details” workflow.

Invalid Aadhaar/Mobile Number

Verify and re-upload correct Aadhaar and mobile numbers.

Opt-Out Status

Beneficiaries can opt out, but Aadhaar is recommended for better services.

Benefits of Bulk Aadhaar Seeding for Employers

Benefit

Details

Saves Time

Upload Aadhaar data in bulk instead of manual submissions.

Improved Compliance

Meets ESIC Aadhaar seeding guidelines effortlessly.

Efficient Error Handling

Automatically includes failed records in future uploads.

Streamlined Services

Ensures timely delivery of ESIC benefits for beneficiaries and employees.

Employer Responsibilities

Employers are encouraged to:

  • Guide employees/beneficiaries for timely Aadhaar uploads.
  • Regularly monitor upload reports for errors.
  • Ensure data accuracy to prevent delays in Aadhaar seeding.
  • Publicize the importance of Aadhaar seeding to employees for uninterrupted access to ESIC benefits.

Conclusion

The bulk Aadhaar seeding feature introduced by ESIC is a game-changer for employers and beneficiaries. By simplifying the Aadhaar upload process, ESIC ensures faster verification, improved accuracy, and enhanced benefit delivery.

Employers should proactively adopt this system to meet compliance requirements and ensure seamless services for their employees.

Call to Action

👉 Download the User Manual here to get started.

👉 Start seeding Aadhaar details today to ensure timely compliance and uninterrupted ESIC services!

Stay updated with ESIC guidelines and simplify your compliance journey.

Posted by & filed under POSH-ACT.

A highly detailed and colourful cartoon-style illustration of a vibrant office setting with diverse employees interacting professionally. The scene features a character standing prominently with a document titled 'POSH Act Guidelines,' smiling and explaining to others. A clock on the wall highlights the importance of timelines, and posters with workplace safety symbols are visible in the background. The office is modern, with desks, computers, and plants creating a positive atmosphere of inclusivity, awareness, and accountability. The illustration promotes understanding of the POSH Act in an engaging and approachable manner.

📢 Important Legal Update on POSH Act Compliance

The Jammu and Kashmir and Ladakh High Court has issued a significant judgment concerning the limitation period for filing complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).

In the case of Mohammad Altaf Bhat Vs. Principal Chief of Commissioner and Ors., the Court ruled that complaints must be filed within three months of the alleged incident as mandated by Section 9(1) of the POSH Act. An extension of an additional three months is permissible only if valid reasons are recorded by the Internal Complaints Committee (ICC).

The Court observed that complaints filed beyond this condonable period without proper justification are beyond the jurisdiction of the ICC. The ruling further emphasized that statutory authorities must adhere to procedural safeguards and natural justice principles during inquiries.

Case Highlights:

Incident Date: April 25, 2016.

Complaint Filed: October 16, 2017 (well beyond the permissible period).Court’s Decision:

The ICC’s proceedings were quashed due to the failure to record reasons for condoning the delay.

This judgment reinforces the importance of:

Timely Filing of Complaints: Employers and employees must ensure compliance with the strict timelines under the POSH Act.Procedural Safeguards: Authorities must record valid reasons for any delay to uphold the credibility and jurisdiction of their actions.Fair Inquiry: Natural justice principles must be upheld during all proceedings.

💡 Takeaway for Employers & ICCs:

Ensure robust processes are in place for handling complaints within the prescribed timelines. Non-compliance with these statutory requirements could result in legal challenges and the invalidation of ICC decisions.

For a detailed analysis of this judgment, read here:👇

Posted by & filed under Esic Benefits.

📢 Disability BenefitsIf you or someone you know has suffered a workplace injury, follow these simple steps to claim disability benefits under the Employees’ State Insurance Corporation (ESIC):

1️⃣ Report the Injury:Inform your employer and get immediate treatment at an ESIC-approved hospital.

2️⃣ Obtain a Disability Certificate:Consult an ESIC doctor and secure a permanent disability certificate after evaluation.

3️⃣ Submit Your Claim:Fill out Form 14 and submit it along with the disability certificate to your nearest ESIC office.

4️⃣ Claim Processing:Your claim will be processed, and the approved benefit will be disbursed directly to you.💡 For detailed information, visit www.esic.gov.in or contact your local ESIC office.Stay informed and secure your benefits under the ESIC scheme.

Posted by & filed under POSH-ACT.

The Hon’ble Supreme Court, in the case of Aureliano Fernandes v. State of Goa and Ors, has issued detailed directives to ensure robust compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) across India.

📜 Key Details of the Judgment:

1️⃣ Uniform Implementation Nationwide:The Court directed all States and UTs to implement the Act uniformly and strictly.

2️⃣ Mandatory Committees:✔️ District Officers to be appointed by December 31, 2024.✔️ Local Complaints Committees (LCCs) to be formed by January 31, 2025.✔️ Internal Complaints Committees (ICCs) mandatory in all workplaces, including government departments, PSUs, and private organizations.

3️⃣ Enhanced Grievance Mechanisms:✔️ Creation of SheBox portals to facilitate complaint registration.✔️ Upload of ICC, LCC, and nodal officer details on SheBox.

4️⃣ Private Sector Accountability:

✔️ Engage with private sector employers to ensure ICC compliance.

✔️ Deputy Commissioners/District Magistrates to survey organizations for compliance and report under Section 26 of the POSH Act.🗓 Compliance Deadlines:

🔹 December 31, 2024: Appointment of District Officers.

🔹 January 31, 2025: Formation of LCCs.

🔹 March 31, 2025: Full compliance deadline.

The Court emphasized that the POSH Act will succeed only with strict adherence by all stakeholders, ensuring dignity and safety for women at workplaces nationwide.Stay tuned for further updates on compliance requirements and implementation steps!

💼✨#POSHAct #SupremeCourt #WorkplaceSafety #LegalUpdates