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

Posted by & filed under Esic-Circulars.



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.




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

Posted by & filed under Provident fund -News.

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

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

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

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

Posted by & filed under Contract Labour Act Maharashtra -Notification.

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 


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The Payment Of Wages (Amendment) Ordinance 2016

Posted by & filed under Minimum wages-Ammendment.

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

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EPF New Year Gift for Establishment which is legally liable for coverage from 1.4.2009

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



Good News
PF has  comeout with Notification , accordingly,  special survey drive will be initiated from 1st Jan 2017 by department for coverage of the Establishment.
The Establishment which is legally liable for coverage will be covered under the Act.
Benefits are as below;
1. Only Employer Share will be levied. 
2. Interest as applicable on Employer’s Share.
3. Damages @ Rs.1/- Per Annum. 
4. No Employees Share. 

The above will be with a condition that, the Establishment is not legally liable before 01.04.2009.

Necessary Notification is as under 

Employees’ Provident Funds (Seventh Amendment) Scheme, 2016

Damages @ Rs.1/- Per Annum. :– Damages=for New Coverage from 1st Apr 2009


Edli No Dues to be Paid:- EDli No Contribution for New Covereage from 1st Apr 2009


EPF Scheme amendment :- EPF Schmene ammedment for New Coverage frm 1st Apr 2009



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ESIC Limit increase from Rs 15000 to Rs 21000 W.E.F from 1st Jan 2017

Posted by & filed under Esic-Circulars.

ESIC limit has been increased from 1st Jan 2017 from Rs 15000 to Rs 21000 

Draft rules were published on 6th October 2016 and whereas, objections and suggestions received from persons likely to be affected thereby have been considered by the Central Government 

Now, therefore, in exercise of the powers conferred by section 95 of the said Act, 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:-

1. (1) These rules may be called the Employees’ State Insurance (Central) Third Amendment Rules, 2016.

(2) They shall come into force from 1st day of January, 2017.

2. In the Employees’ State Insurance (Central) Rules, 1950, in rule 50, for the words “fifteen thousand rupees” occurring at both the places, the words ‘twenty one thousand rupees” shall be substituted.

Notification copy :- ESIC Notification on 21K limit

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Government Clarification on Amendment to Payment of Wages Act

Posted by & filed under Minimum wages-Ammendment.

It is seen from the media reports that there is a general impression that is being created that the Government is bringing an amendment to the Payment of Wages Act to make mandatory the payment of wages to the workers only through cheque or accounts transfers. This is not the correct position.

It is clarified that the government proposes to bring an amendment to Section 6 of the Payment of Wages Act which will further provide crediting the wages in the bank account of the employees or payment through cheque along with the existing provisions of payment in current coin or currency notes.

This is being done to facilitate the employers from making payment of wages using the banking facilities also in addition to the existing modes of payment of wages in current coin or currency notes.

Also, the appropriate Government (Centre or State) will have to come up with the notification to specify the industrial or other establishments where the employer shall pay wages through cheque or by crediting the wages in employees’ bank account. It is, therefore, clear that the option of payment through cash is still available with the employers for payment of wages.

It may be understood that the Payment of Wages Act was passed in the year 1936 (eighty years ago) and the situation prevailing at that point of time has completely undergone a technological revolution. Most of the transactions now take place through the banking channels. The proposal of Ministry of Labour and Employment to bring an amendment to Section 6 of the Act is an additional facility of crediting the wages in the bank account of the employees or payment through cheque along with the existing provisions of payment in current coin or currency notes.

The above proposed amendment will also ensure that minimum wages are paid to the employees and their social security rights can be protected. Thus the employers can no longer under-quote the number of employees employed by them in their establishments to avoid becoming a subscriber to the EPFO or ESIC schemes.

It is also pointed out that the states like Andhra Pradesh/Telangana, Kerala, Uttarakhand, Punjab and Haryana have already come out with notifications to provide for payment through banking channels. 


@courtesy http://pib.nic.in/newsite/PrintRelease.aspx
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EPFO fixes 8.65% interest rate for PF deposits, cut from 8.8%

Posted by & filed under Provident fund -News.

Retirement fund body EPFO today decided to lower the interest on EPF deposits for the current fiscal to 8.65 per cent, from 8.8 provided in 2015-16, for its over four crore subscribers. 

“The Employees Provident Fund Organisation’s apex decision making body, the Central Board of Trustees (CBT), has taken a decision to lower the interest rate to 8.65 per cent for the current fiscal from 8.8 in 2015-16,” Indian National Trade Union Congress Vice-President Ashok Singh told PTI after the meeting at Bengaluru.

Bharatiya Mazdoor Sangh General Secretary Virjesh Upadhyay also said that 8.65 per cent rate of interest is fixed on EPF deposits for 2016-17. 

As per the EPFO income projections, retaining 8.8 per cent rate of interest for the current fiscal would have left a deficit of Rs 383 crore. 

However, the body could have utilised about Rs 409 crore surplus with it, which accrued after providing 8.8 per cent rate of interest for 2015-16, to retain the same rate of return for the current fiscal.

A surplus of about Rs 69.34 crore was stipulated if interest rate was to be lowered to 8.7 per cent. 

EPFO has projected income of Rs 39,084 crore for the current fiscal. 

As per sources, the Finance Ministry has been asking the Labour Ministry to align the EPF interest rate with other small saving schemes of the government like Public Provident Fund (PPF). 

In September, the government reduced interest rates on small savings schemes marginally by 0.1 per cent for the October-December quarter of 2016-17, which resulted in lower returns on PPF, Kisan Vikas Patra, Sukanya Samriddhi Account, among others 


The Labour Ministry however wanted to retain 8.8 per cent for the current fiscal as well, a source said 

@COURTESY conomictimes.indiatimes.com/
Post Views: 1,023