Saturday, April 11, 2026
28 C
Mumbai
Advising, Administration, Documentation and Maintenance of various records and statutory compliance
Home Blog Page 46

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).

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.


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  

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

ESIC New Changes in Declaration form Mandatory Mobile Number & Bank account details from 1st July 2020

Greetings for the day!

 

ESIC Amendment in process of Employee Registration thru Mandatory from 1st July 2020

 

  • ESIC has mandated the submission of Mobile Number And Bank Account details (Bank name, Branch name and IFSC) for registration of new employees.
  • Employers are required to update mobile number and bank account details of existing employees registered under the ESI Scheme.
  • From 1st July 2020, Cash benefits /Claim reimbursements will be settled by only if the correct bank account details of the beneficiary are available in the system.
  • IF any Insured person due to any reason is not able to get update the details it can be updated at the ESIC Branch office also, in this regard he has to carry the Cancel Cheque copy of the Bank statement wherever his name is appearing.


                                        

Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020

The Gujarat Labour and Employment Department on June 23, 2020 issues the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020 to further amend the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019. 
The followings are the amendments made in the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019:-
  • The employer engaging 10 or more workers shall submit a form for the registration of shops under Form A. the payment of fees shall be done online along with the application form.
  • The application form shall be then reviewed by the officer assigned and if there is no objection, the registration certificate shall be provided under Form-B. 
  • In case less than 10 workers are engaged in the business, the employer shall go ahead with the registration by submitting Form-D. Form-E shall be provided under the receipt of intimation. 
  • Form-G shall be filed by the applicant in case of any changes in the certificate of registration along with the prescribed fees. 
  • In case, the applicant is shutting down the business, Form-H shall be duly submitted by the applicant. In the case of fewer than 10 workers, Form-I shall be submitted by the applicant for the closing of the business. 
  • Women workers shall not be employed after 9 pm up to 6 am after obtaining their consent in form J

Amendment Under The Puducherry Contract Labour (Regulation And Abolition) Rules, 1973

Government of Puducherry vide notification no G.O.Ms. No.64/AIL/Lab/G/2020 has amended The Puducherry Contract Labour (Regulation And Abolition) Rules, 1973. As per the amendment, mentioned are the details of the changes 
(a) The application for registration under Puducherry Contract Labour (Regulation And Abolition) Rules shall be made through the online portal of Labour Department, Puducherry
(b) The certificate of registration shall be granted through the on-line portal of Government of Puducherry 
(c) The fees shall be paid by visiting the online portal Government of Puducherry under the relevant head of accounts viz 0230-labour & Employment 106-Fees 
(d) Every the employer shall maintain a register of contractors, register of persons employed electronically 
(e) The half-yearly return and annual return shall be submitted through the online portal of the Labour department. 
(f) The amendment also requires that books, register, records shall be maintained electronically at the discretion of Employer subject to the condition that the Employer shall furnish all such books, register, records in the electronic form to Inspector on demand. 
Please refer notification for more details 

The Tripura Minimum Wages Notification (April 2020)

Government of Tripura vide notification number No.F.87 (30)-LAB/ENF/MW/SHOPS/2002(A)/1800-17, released minimum wage for the state of Tripura effective from 1st April 2020

 The Tripura Minimum Wages Notification 1st April 2020

Ahmedabad Profession Tax ( salary- Profession tax) can be paid Online

Ahmedabad Employer in this epidemic situation as arisen, many employers were not able to pay the regular dues of Profession tax as deducted from salary to the Municipal corporation.

Good News is that now Profession tax payment can be paid online necessary procedure is given below 

Procedure for Online Payment:- Ahmedabad Online_Prof_Tax_Payment_(PRC)_process

 Hope now other municipal corporation also start the online payment option in Gujarat.


EPF Reduction in Percentage from 12 % to 10 %

It is brought to your kind notice that the Ministry of Labour & Employment, Govt. of  India has published a Gazette Notification (attached) bearing no.: S.O. 1513(E ) dated 18th May 2020 to further, provide liquidity in the hands of employers and employees as financial support due to COVID -19.

The followings are the important notes/information for your kind reference and consideration before taking/initiating any steps by covered ‘establishment/company/organization’ under the EPF & MP Act, 1952 to further seek the monetary benefits under the present scheme/notification:

  • That the said notification is not applicable on any establishment, other than Central Public Sector Enterprises and State Public Sector Enterprises and other establishments owned by, or under the control of the Central Government or the State Government, as the case may be, in respect of wages payable by it for the months of May, June, and July 2020
  • That any establishment shall not be eligible in case any establishments eligible for relief under the Pradhan Mantri Garib Kalyan Yojana guidelines issued by the Employees’ Provident Fund Organization vide its Office Memorandum No.C-1/Misc./2020-21/Vol.II/Pt. dated 9th April 2020 ”.
  • That the said monetary benefits scheme is presently applicable for limited wages period i.e. May paid in June, June paid in July and July paid in August 2020.

Account Head
Up to wage month
April 2020
From wage months
May 2020 to July 2020
Employee’s PF Contributio  A/c .No: 1
12%
10%
Employer’s PF Contribution A/c. No: 1
3.67% (12%8.33%)
1.67% (10%8.33%)
Employer’s EPS Contribution – A/c. No: 10
8.33%
8.33%
EDLI Contribution                   –   A/c. No: 21
0.50%
0.50%
Administrative Charges      –    A/c. No: 2
0.50% (Mini.Rs.500/-)
0.50% (Mini.Rs.500/-)
No change in inspection charges in A/c.No.22 in respect of EDLI exempted establishments

Keeping view of above and add to it, we have received many queries from employers and employees in respect on the followings in this regard EPFO has shared the respective Faq on the same 

In the respective FAQ, many points are clear as per the queries received.

Now it is option to the company/Service providers ( Contractors)  to change the contribution rate from 12 % to 10 % as per the Management decision & Principal Employer  but I would suggest that there is no need to change the rate of contribution for the following reason 

 


For example, if the monthly basic salary is Rs 30,000, the employee contribution towards his or her EPF would be Rs 3,600 a month (12 percent of basic pay), while the equal amount is contributed by the employer each month. If the contribution rate is reduced to 10 percent, Rs 3,000 a month becomes the PF contribution by the employee and the take-home pay will increase by Rs 600. 
1. Impact on CTC
The employer’s contribution to EPF is a part of the CTC. As the employer is supposed to match the mandatory contribution rate, if it is reduced to 10 percent, the employer’s contribution to reduces. Thus, CTC too will see a fall, unless adjusted by the employer under some other head. Once adjusted and the employer decides to pay the 2 percent differential under some head, the take-home pay will increase, and for three months the workload of changing of CTC will also increase 
2. Impact on taxes saved.
As per the above take-home increase, Your contribution towards PF qualifies for tax benefit section 80C of the Income-tax Act. If the proposals go through, lesser contributions will mean that much less of tax benefit. For example, if annual contribution towards PF falls by Rs 7,200, then for someone paying 31.2 percent tax (highest slab), then you will save nearly Rs 2,250 lesser tax. One can, however, invest in products like in ELSS to save tax up to Rs 1.5 lakh in a year
3. Cumulative Interest Loss.
As EPF is on every month is giving Cumulative rate of Interest on a monthly basis if the contribution reduce Employee will be losing the Interest of three months which will be at a reduced rate, on both Employee Share & Employer Share.

From the above observation & referring to the Faq of the EPFO, I would suggest not to reduce the contribution rate as reducing the rate is not going to benefit either employee nor employer 
  


Faq on reduce rate:- FAQ_Reduced_rate_of_contribution