Employee’s Compensation Act – Amendment – Bill Introduced in Parliament

Posted by & filed under Other Labour Laws Circular.

The Central Government has introduced Bill in parliament, on 5th Aug 2016 to amend few provisions of EC Act and the proposals are as mentioned below:-

  1. Every employer shall immediately at the time of employment of an employee, inform the employee of his rights to compensation under this Act, in writing as well as through electronic means, in English or in Hindi or in the official language of the area of employment’
  2. Penalty of non-compliance of any provision of the Act is revised to Rs.50000/- minimum to Rs.100000/- maximum;
  3. Appeal in the High Court has revised more than Rs.10000/- compensation from present Rs.300/-
  4. On the direction of High Court commissioner can withheld payment of any sum in deposit with him – This provision is omitted;

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EXEMPTION UNDER SECTION 17(1)(a) OF EPF & MP ACT

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

Dear all,

Good News for  Exempted Establishment  

 An Internal Circular dated 5.8.2016 issued by the EPFO to its Field Functionaries states that:

  • Section 17 of the EPF & MP Act stipulates that the Appropriate Government may, by Notification in Official Gazette and subject to such conditions as may be specified in the Notification exempt whether prospectively or retrospectively from the operation of all or any provisions of the any Scheme under the Act.

  • The conditions for grant of exemption under Section 17 of the Act have been notified under Notification No. GSR 853(E) dated 29.10.2003 and the revised Guidelines have come into force w.e.f. 10.10.2003.

  • The contribution to the Exempted PF Trust would get exemption from Income Tax provided the Trust is recognised/approved by the Income Tax Authorities.

  • The Regional Provident Fund Commissioners have been insisting on the Employers to submit the recognition/approval of the Trust by the Income Tax Authorities along with the Application for Exemption.

  • The Employees’ Provident Fund Organisation have re-examined the issues and clarified that the Field Functionaries of the Department will not ask the Establishment seeking grant of exemption from the operation of the EPF Scheme, 1952 to furnish copy of Income Tax Recognition Order as  an ‘Essential Document’ to be submitted with the proposal for grant of Exemption. However, immediately after grant of exemption by the Appropriate Government, the Establishment should get recognition from the Income Tax Authorities for its  Trust.
  • Para 8 of the said circular of 2007 is omitted

Circular of 2016:-Exemption Guidelines-2016
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Social Security Agreement between India & Japan for International Workers W.E.F 1st Oct 2016

Posted by & filed under Provident Fund -International workers.

Dear all,

Social Security Agreement (SSA) between India and Japan was signed in Tokyo on November 16, 2012. The Ministry of External Affairs (Investment, Technology Promotion and Energy Security Division), the competent authority for negotiating and concluding SSAs along with the Employee’s Provident Fund Organization (EPFO) has completed the formalities for the Agreement to enter into force.

Social Security Agreement (SSA) between India and Japan was signed in Tokyo on November 16, 2012. The Ministry of External Affairs (Investment, Technology Promotion and Energy Security Division), the competent authority for negotiating and concluding SSAs along with the Employee’s Provident Fund Organization (EPFO) has completed the formalities for the Agreement to enter into force. Now therefore, the Agreement on Social Security between India and Japan shall enter into force with effect from 1st October, 2016

The Implementing Arrangement under the SSA and the Administrative Arrangement for implementation of the agreement between the two countries were exchanged on 9th June 2016. Earlier today the two sides have exchanged Note Verbales in accordance with Article 28 of the Agreement notifying the completion of the respective constitutional and legal procedures required for the entry into force of the Agreement. The Article 28 also mentions that the Agreement shall enter into force on the first day of the fourth month following the date of receipt of last notification.

As on date, India has signed and operationalized similar comprehensive Social Security Agreements (SSAs) with 15 countries. They are Belgium, Canada, Czech Republic, Denmark, Finland, France, Hungary, Luxembourg, Netherlands, Norway, Sweden, Switzerland, South Korea, Austria, and Australia. We have also signed a comprehensive SSA with Portugal, which is in the process of getting operationalized. 

In addition, we have a partial SSA with Germany, which is already operationalized. The comprehensive SSA between India and Japan when operational from 1st October 2016 will favourably impact the profitability and competitive position of Indian and Japanese companies with foreign operations in either country by reducing their cost of doing business abroad. Thousands of Indian and Japanese workers who are working in Japan and India respectively will benefit from the agreement. The SSA will also help more Japanese companies to consider India as a destination for their manufacturing investments.


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Maharashtra Minimum Wages 1st July 2016 to 31st Dec 2016

Posted by & filed under Minimum Wages-Maharashtra.

Dear all,

Enclosed is the Maharashtra Minimum  Wages 1st July 2016 to 31st Dec 2016 , In the said Minimum wages revision Pls add 5% HRA( As per Maharashtra Minimum  HRA Act 1983)  if no of employee count is 50. 

Pls refer to the said attach if anything have been missed out or any correction is to be done pls suggest me.



English :- Minimum-Wages-mumbai-english-01-07-2016_Signed

Local Language :-


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Inspection In regards to Security/Manpower/Facility Management

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

Dear all,

Pls refer to the attach circular dated 1st Aug 2016 from the Central PF Office where in all the field officer have been instructed to do the inspection of the respective establishment engaged in Security/Manpower/Facility Management. This is in regards to various complaints & grievance received regarding under reporting of employees contribution under the said act in respect of such establishment.

Pls refer to the respective screen shot where in EPFO had asked all the employer to upload the said information of Security/Manpower/Facility Management

As many employers have not completed the required process and due to lot of grievance has been received  in regards no coverage of employees under EPF 


A Special Inspection Proforma has been designed for the same 

I would request all the Principal employer to upload the said details of the contractor (Security/Manpower/Facility Management) to avoid such inspection

Further also check with monthly EPF Challan where in all employees have been covered under the EPF act ,pls collect the ECR Copies/UAN Number/EPF Nos/activation of UAN etc whether all this activities have been full filled by the contractor.

  

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Amendment in Employees Pension Scheme 1995

Posted by & filed under Provident Fund Benefits.

Dear all,

There is an  Amendment in Employees Pension Scheme 1995 where in the Provision of Orphan Pension which was earlier up to age 25 years has been increase  beyond age of 25 years in case if such Orphan is suffering from disorder of mind or is Physically crippled or disable 

Notification:- Pension_GazetteNotification_GSR387(E)_8314
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Special Instruction on Implementation of Aadhaar based authentication

Posted by & filed under Esic-Circulars.

Dear all,

With reference to the above captioned subject and refer to my earlier blog in regards to Implementation of Aadhaar based authentication  for ESIC Benefits where in various circular were issued vide dated 15/01/2016,16/03/2016,22/03/2016 & 12/04/2016 where in i would like to draw your attention that once the Aadhaar number is updated in the insured person card the temporary card will be E-pechan card but the Aadhaar number will show as unverified.
In this regard the E-pechan card is valid for 30 days either Aadhaar cards is verified or unverified he can avail benefits in all ESIC dispensary/Hospitals/& branch offices. 

Aadhaar is an alternate pechan for identification of IP and his family the respective verification of Aadhaar card will be do by the ESIC dept through UIDAI

Special Instruction have been given to all ESIC panel doctors/Dispensary/hospitals & branch office that there should be no denial of benefits in regards to the above.
Circular for your reference :-ESIC Circular on AAdhaar-Special Instruction

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Employee Deposit Link Insurance Scheme Amendment 2016

Posted by & filed under Provident Fund Benefits.

The Government of India has finally implemented the decision of increasing the maximum sum limit assured under insurance scheme of retirement fund body Employee Provident Fund Organisation, popularly termed as EPFO, to 6 lakh rupees. This would almost double the maximum sum for its 4 crore subscribers.
The decision was, however, taken long back in September by the apex decision-making body Central Board of Trustees (CBT) of EPFO. The decision was to increase the benefits from 3.6 lakh rupees to 6 lakh rupees under the Employees’ Deposit Linked Insurance (EDLI). But the decision was not enforced by the Labour Ministry of India, as the decision was stuck with the Indian Lay Ministry for getting an approval.
Necessary Gazetted copy click below
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