Posted by & filed under Provident Fund - (Notification -Circulars).

The EPF & MP Act, 1952 defines employee u/s 2 (f) as any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment, and who gets his wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment. 

Many employers outsource business processes of their establishment to contractors and also engage workers in or in connection with the work of the establishment by or through contractors and in such cases employer’s liability under EPF & MP Act, 1952 is payable by the Principal employers. The contractors are registered independently as an establishment with EPFO and they are required to report EPF compliance in r/o workers provided to their Principal Employers through ECRs. The UANs of the workers and the attendance/wage payment records are verified by the Principal employers to settle the claims.

EPFO has introduced a new facility in its unified portal enabling the employers to declare their contractors and the period of the contract so that they may view and monitor the compliances in respect of their contract employees reported in the ECR. Through this facility, the principal employers can also view whether the employer’s share of EPF contributions paid by the principal employer has been remitted by the contractor for all contract workers or not. Please refer to the notification for more details

Circular:- Deployment of the electronic facility at Employer Interface of EPFO’s Unified Portal for Principal Employers to view EPF compliances of their Contractors & contract Workers



Posted by & filed under Esic-Circulars.

The Ministry of Labour and Employment (MoLE) on January 27, 2021, has issued a notification specifying that certain notifications of the Employees State Insurance Act, 1948 shall come into force from February 01, 2021, in areas of, Dharmapuri district and Ranipet district, in the State of Tamil Nadu.

The following provisions have been mentioned:
• sections 38, 39, 40, 41, 42, 43 and sections 45A to 45H of Chapter IV, which specifies the contributions in the Act.
• sections 46 to 73 of Chapter V, which specifies the benefits in Act.
• sections 74, 75. sub-sections (2) to (4) of section 76, 80, 82, and 83 of Chapter VI, which specifies the adjudication of disputes and claims.


Posted by & filed under Minimum Wages-WestBengal.

 Westbengal Minimum Wages has been revised from 1st Jan 2021 to 30th June 2021


Shop & Establishment :- WB-MW-JAN 2021 Shop & Establishment


Hotel & Restaurant:- WB-MW-JAN 2021 Hotel & Restaurant Employing more then 10 Person


Hotel & Restaurant:- WB-MW-JAN 2021 Hotel & Restaurant Employing Not more then 10 Person


Security Services:- WB-MW-JAN 2021 Security Services

Posted by & filed under Provident Fund Benefits.

 Dear All,

 
The scheme ABRY under EPFO which was launched in Nov-20, the Notification or Guidelines of the same has been issued by the PF Department. We enclose the Notification in pdf format having guidelines in detail with illustrations. PFA

Main points under the same are as follows:

1) The Scheme begins from 1st October 2020 and shall remain in force for  registration of eligible employers and new employees up to 30th June 2021

2) New employee to be eligible under the scheme –

    a) His salary to be less than Rs. 15,000/-

   b) He should not have been working in any establishment and he should 
      not have a UAN prior to 01st October 2020

   c) If he already has an existing UAN, but if he quit from the previous establishment during the period from 01.03.20 to 30.09.20, then such date of exit shall be considered as a left job due to Covid-19. Hence, such an 
     the employee is eligible for the benefit.

   d) His UAN should be seeded with Aadhaar.

   e) The benefit shall be for the period of 24 months or till his salary is less than        15,000 whichever is earlier


3) Company’s Form 5A in PF Portal should be updated

4) Minimum 2 new employees should be joining (and be eligible) in a firm having less than 50 employees. And a minimum of 5 new employees should be eligible in a firm having more than 50 employees. If less, then the company would not get the benefit

5) Base reference of employees’ strength shall be taken as reflecting during the month of September. The employee strength should not fall below this level.

6) In case if an employee becomes eligible under the Scheme and the company opts for the same, the employer should not deduct the employee’s share of 12%

7) For companies having less than 1,000 employees, both employees’ share and employer share to be borne by Govt. For more than 1000 employees, only employees share of 12% shall be provided. All the benefits are subject to conditions as prescribed in the guidelines.

For any other query, feel free to revert



Youtube Link:- YouTube webinar



Posted by & filed under Haryana-Labour Dept.

 

The State Government of Haryana vide Order no 9439 has introduced the auto-renewal of the licenses under rule 29 of The Haryana Contract Labour (Regulation & Abolition) Rules,1975 read with section 13 (31 of The Contract Labour (Regulation & Abolition) Act, 1970 and under rule 14 of The Haryana Inter-State Migrant Workmen Rules, 1981 read with section 9 (3), 35 (2) (d) of The inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979. 

As per the notification, the auto-renewal has been approved subject to the following conditions:- 

(1) The duration of renewal of licenses procured via auto-renewal online system would remain the same as being provided at present as per the Act, which is one year. 

(2) The provision of auto-renewal will be applicable only in cases where there is no change in the desired fields i.e. name of occupier, name, and address of the factory or establishment, maximum no. of workers except the year/years, etc. from the previous licenses. Whenever there is a change in any condition or the requirement in the previous license then in such case the process of online application for renewal will be followed. 

(3) The fees for auto-renewal have to be deposited by e-GRAS through the website of the Labour Department i.e. https://hrylabour.gov.in/. If the requisite fees are not deposited via e-GRAS and any other method like treasury challan or e-challan is adopted then the usual method of online renewal will be followed


Notification 

👇

Introduction Of Auto Renewal System In The State Of Haryana.pdf


Posted by & filed under Telengana -Factory.

 The State Government of Telangana has introduced the approval of new factory plans and existing factory revised plans through online mode and sending messages to the Factory Management on the status of approvals. 

1. Approval of new Factory plans and existing factory revised plans through online and sending messages to the Factory Management on the status of approvals.

2. Grant of Licence, Amendment, and Transfer of factory Licenses through online and sending messages to the Managements on the status of the grant of Licenses.

3. Payment of Annual Licence fees up to 10 years made through online and sending messages to the factory management for making payments of Licence fees.

4. Filing of single Integrated annual return by Factories managements shall be applicable for both Factories and Labour departments. No need to submit separately for Factories and Labour departments.

5. Sending Messages to the factory’s management regarding Inspections, Communication of Inspection reports, Inspections Orders/Notice, and Show cause notices through online and submission of Compliance by the factory’s Managements through online.

Posted by & filed under Karnataka-Labour Laws Ammedment.

The Election Commission Of India has notified 3rd November 2020 as the date on which bye-election to the Rajarajeshwari Nagar (RR Nagar) and Sira Constituencies in the State Of Karnataka is scheduled to be held. Now, the Government of Karnataka, Labour Department vide. its circular dated 9th October 2020 has directed employers of Shops, commercial establishments, Factories, and other Establishments to declare for every employee working therein whose name is included in the electoral roll of the two assembly constituencies where the bye-election is to be held on 3rd November 2020, to be allowed on the polling day, a day’s paid holiday to enable them to exercise their franchise. 

This circular has been issued under Section 3A of the Karnataka Industrial Establishments National Festival Holidays Act, 1963 inter alia covers shops, commercial establishments, factories, etc. 

The circular further states that employers found in violation of the above said provision, shall be penalized under the Act. Further, vide. Circular dated 16th October 2020, the Factories, Boilers, Industrial Safety And Health Department has also issued similar directions declaring paid holiday for workers of factories in the State who are enrolled as the voters in the above said constituency. 

Therefore, Employers of Shops, Commercial Establishments, Factories and other establishments in Karnataka are highly advised to comply with these directions issued by the Labour Commissioner and to declare paid holiday to their employees who are registered voters in the said bye-election to the two assembly constituencies in the state

Notification

👇

Posted by & filed under Bonus-Act.

 The Government of West Bengal vide circular No. Labr./210/(LC-IR)/3C-01/18 has issued guidelines to be followed by all employers and employees of the state covered under the Payment of Bonus Act, 1965 (”Act”) while settling the legitimate dues of the workers in respect of bonus for the year 2020 in terms of the said Act in the interest of maintenance of Industrial peace and harmony,:-                                                                                       

(1) It is expected that the employers would adopt a flexible attitude on the issue of the payment of bonus                            

(2) All establishments where the bonus was paid in the previous year are requested to see that the rate of bonus payable this year is not lower than that of last year. Employers are also requested to consider payment of an amount of exgratia in lieu of bonus as is admissible at the maximum stage to those employees who have crossed the eligibility limit as per the Act                                                                   

(3) All employees, whether in casual employment/re-employment after retirement/employed through contractors and have worked for not less than 30 days during the year should be paid a bonus                                                         

(4) The employers in default towards payment of bonus for the previous year are requested to make such payments this year along with the bonus for the current year.                                                                                                            

(5) The Government appeals to all trade unions and employers’ organization to extend their cooperation in peaceful and effective settlement of industrial disputes concerning bonus without any disruption of work                                     

(6) The Government has noted that in many cases, in previous years, employees of the IT sector, Hotel and Restaurants, Shops & Establishments, Security Workers, and some workers in jute mills did not get any bonus. It is hoped that the situation will not be similar this year.                                                                                                                 

(7) All payments of bonus should be made before the commencement of Durga Puja, 2020.                                        

Even employers in an unorganized sector where most employees are not covered under the Act are expected to pay bonus/ex-gratia to their workers before the commencement of Durga Puja, 2020. 

Hence, all employers having their establishments in West Bengal may make note of the above guideline and comply accordingly


Notification:- 👉 Guidelines To Settle The Legitimate Dues Of Workers Under The Payment Of Bonus Act, 1965 In West Bengal