Posted by & filed under Bonus-Act.


Employers’ association AIOE has asked the government to defer the implementation of amendments in the Payment of Bonus Act to next fiscal so as to reduce financial burden on the industry, particularly small and medium businesses. 

Keeping in view both the financial and operational hardships facing the industry, All India Organisation of Employers’ (AIOE), an allied body of business chamber Ficci, has requested the government to apply the amended legislation prospectively — from finan .. 

AIOE said in a statement that the applicability of enhanced bonus from April 1, 2015 is fraught with serious financial implications for the Indian industry, particularly the Medium, Small and Micro Enterprises sector. 

 President of AIOE Sanjay Bhatia has written to Labour Secretary Shankar Aggarwal for deferring the implementation. 

The amendment bill seeks to enhancing limit of coverage for payment of bonus from the existing wage limit of Rs 10,000 to Rs 21,000 per month as well as the calculation limit for payment of bonus from Rs 3,500 to Rs 7,000 per month. 

 
n the letter, Bhatia pointed out that apart from the burden of financial implications on the MSME sector, industries will face serious functional problems as the enhanced amount of bonus has not been provided for in the balance-sheet/accounts statement of the previous year i.e. 2014-15, which ended on March 31, 2015. 

 Since, the allocable surplus for payment of bonus is calculated during the preceding accounting year, out of which bonus is paid in the succeeding financial year, the payable bonus already stands allocated for the present accounting year ending March 31, 2015,” the AIOE said . 

Moreover, many industries have already paid bonus to their employees, at the existing rate, before the start of the festival session, it said. 

The implementation of this proposal effective April 1, 2014

@courtesy :- http://economictimes.indiatimes.com/.. 

Posted by & filed under Bonus-Act.

Dear all,

As per various email & phone calls are recd at our office in regards to interpret the new clause as inserted in the Bonus act Amended 2015


3. In section 12 of the principal Act,— (i) for the words ‘‘three thousand and five hundred rupees’’ at both the places where they occur, the words ‘‘seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’’ shall respectively be substituted


Here with example we will explain the new calculation how the bonus is to be calculated with the new amendment in Section 12 of the Principal Act  

Old Section 

2. In section 2 of the Payment of Bonus Act, 1965 (hereinafter referred to as the principal Act), in clause (13), for the words “three thousand and five hundred rupees”, the words “ten thousand rupees” shall be substituted. 3. In section 12 of the principal Act, for the words “two thousand and five hundred rupees”, at both the places where they occur, the words “three thousand and five hundred rupees” shall respectively be substituted

Here very directly we use to calculate in a very easy method & pay Rs 3500/-

Bust in the new changes the words or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’
Different states have different minimum wages for different category or simply Skilled/Semi Skilled/Unskilled

We will take One Lower Minimum wages Example & One higher minimu  wages Example 

Lower Minimum wages

Basic
Special Allowance
Total
Earlier Bonus Paid
As per New Amendment
Difference
4150
2767
6917
3500
7000
3500


Higher Minimum wages


Basic
Special Allowance
Total
Earlier Bonus Paid
As per New Amendment
Difference
5800
2640
8440
3500
8440
4940


Highest Minimum wages 

Basic
Special Allowance
Total
Earlier Bonus Paid
As per New Amendment
Difference
10100
2698
 12798
Was Not eligible
12798  
12798
However, please note that the figures will be required to be looked at State wise and for the earlier period and skilled category wise on these combination basis.

Employees who were paid bonus in the year 2014 -2015 either monthly or yearly difference amount is to be paid as per the new amendment, further those employees who were not in the bracket of bonus those employees also need to pay. Bonus is to be paid on paid days. Employee who were working & left the organisation & who were eligible also need to be paid.

The Concept of old calculation i,e earned basic x8.33 and straight way employer used to pay Rs 3500 but now this concept will not work in the new amendment the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’’ is to be paid

In My view we should not be in a hurry to pay the same just wait for few days

After paying the difference  revised Form No ‘D” return is to be filed









Posted by & filed under Bonus-Act.

Dear all,

Both the House has passed a bill allowing doubling of wage ceiling for calculating bonus to Rs 7,000 per month for factory workers with establishments with 20 or more workers, with the benefits being applicable retrospectively from April 2014.


The Payment of Bonus (Amendment) Bill, 2015, was passed by a voice vote, with some members objecting to the raising of eligibility limit for payment of bonus from a salary of Rs 10,000 per month to Rs 21,000.

Gazetted Copy of the same enclsoed pls refer to the below link

Payment of Bonus Gazetted Copy( 2015)

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

Dear employers,

1.Universal account number(uan) has been made compulsory  to avail all services like settlement of claims, filing of complaints etc. W.e.f. 1st January 2016.

2.Any claim, complaint, grievances, correspondence will be entertained only if uan is mentioned.

3.Those who are not having uan may obtain it from the internet portal of Epfo
  www.epfindia.gov.in at the home page menu “ for citizens “. Pls see the link       http://epfindia.com/site_en/CitizensServices.php?id=sm16_index

4.The employers shall not forward any claim without an uan to avoid any penal action.


Respective circular is self-explanatory

Universal Account Number Compulsory from 1st Jan 2016

Posted by & filed under Bonus-Act.

Dear all,

The Lok Sabha today passed a bill allowing doubling of wage ceiling for calculating bonus to Rs 7,000 per month for factory workers with establishments with 20 or more workers, with the benefits being applicable retrospectively from April 2014.


The Payment of Bonus (Amendment) Bill, 2015, was passed by a voice vote, with some members objecting to the raising of eligibility limit for payment of bonus from a salary of Rs 10,000 per month to Rs 21,000.

Pls refer to the link & bill

Bonus amendment as passed in Lok Sabha 2015

Posted by & filed under Provident Fund Benefits.

Dear all,

Good News from EPF 

A. Any citizen, even if not a member of EPF, can obtain UAN through online
    mode. 
B. To register for UAN, an Online facility has been made available in public     
     domain as a single page form. 

C. There is no need to submit any physical documents. 

D. The citizen is required to provide only few information like KYC, contact and        Bank details. 
E.  UAN would be sent on the mobile number of the applicant through SMS.

http://epfindia.com/site_en/CitizensServices.php?id=sm16_index

Posted by & filed under Provident Fund Benefits.

Dear all,

As almost one year has been over in regards to generation of Universal Account Number ( UAN) it was launch on 16th Oct 2014 after that many changes and upgradation have been come across in the respective UAN portal 

Good News for EPF Subscriber  now then can  update the family information online by simple steps wherein in case of death /old age pension the respective nominee can get the benefit  the respective steps in this regards is appended below

Simple steps to change your EPF nomination in UAN online portal.

Posted by & filed under General.

The amendment bill amends Section 66(1) (c) of Factories Act, 1948 to ease provisions related to working of women in night shifts in the state. 

Key facts 

* The amendment of 67-year old Act also makes mandatory for factory managements to ensure security of women working in night shifts. 

* Prior to amendment, the section 66(1) (c) of parent Act did not allowed women employees to work in the factories in night shift between from 7 PM and 6 AM. 

* Apart from this, the amendment bill also enables workers to be eligible for paid leave after working for 90 days in a year instead of the current 240 days or more. 

* Besides this, the amendment also does not make mandatory for workers to take the management’s permission for working overtime. In this regard, the amendment bill has increased the working limit to 115 hours from the current 75 in 3 months. 

With this, Maharashtra has joined the list of 6 Indian states that already have allowed women to work in night shifts or are in the process of doing so. They are Rajasthan, Haryana, Andhra Pradesh, Punjab and Madhya Pradesh.


Posted by & filed under High Court Judgements-PF.

Dear all

As per the recent judgement as passed by the PUNJAB & HARYANA HIGH COURT  Principal employer can be liable for EPF contribution of contractor when the latter does not have code number. and Principal employer not liable for provident fund dues of contractor with independent code number.

IMPORTANT POINTS
  • When code No. is allotted to a contractor under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, it becomes an establishment under section 2(e) of the Contract Labour (Regulation and Abolition) Act, 1970 making it liable to pay EPF contributions of its employees.
  • When the contractor has not been allotted code No., the contributions in respect of contractor’s employees shall have to be paid at the first instance by the principal employer and
    recover the same later on from the contractor.
  • The Contractor having an independent code No. under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, he is liable to pay EPF contributions in respect of employees whose salary is paid by it.
  • Principal employer is not liable to pay EPF contributions in respect of employees engaged through independent contractor who has been having an independent code No. under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
Copy of the judgement is appended below