Posted by & filed under Minimum Wages-Jharkhand.

The Government of Jharkhand on October 19, 2023, revised minimum rates of wages for contract workers.The following has been stated: –

Worker Categories: The notification would typically specify different categories of workers based on their skill levels. These categories often include skilled, semi-skilled, highly skilled, and unskilled workers.

Revised Wage Rates: The document would provide the revised minimum wage rates for each category of workers.

The rates are as follows:

Semi-skilled workers: Rs. 11,512.71

Highly skilled workers: Rs. 17,537.58

Unskilled workers: Rs. 10,992.45

Skilled workers: Rs. 15,305.52

Effective Date: The notification would specify the date from which these revised rates become applicable. In your information, it’s mentioned as October 01, 2023.

Legal Authority: The document should cite the relevant legal provisions or acts under which these changes are being made, ensuring that the revised rates comply with labor laws and regulations.

Compliance and Enforcement: The notification may also include information about how employers should comply with these revised rates, the consequences of non-compliance, and any mechanisms for dispute resolution.

Posted by & filed under Election Haryana.

SEC | Haryana:: Orders & Notifications

Notification on Holiday with Wages for Voting in Haryana Date of Notification: October 30, 2023

Date of Designated Holiday: November 5, 2023 (Sunday) Applicable Districts and Wards:

District Sohna:Ward No. 15 of Municipal Council, Sohna, District Gurugram.

District Narnaul:Ward No. 16 of Municipal Council, Narnaul,

District Mahendergarh.District Mahendergarh:Ward No. 01 of Municipal Council, Kaithal.

District Kaithal:Ward No. 05 of Municipal Committee, Rajound.Ward No. 01 of Municipal Council, Kaithal.

District Rewari:Ward No. 11 of Municipal Committee, Bawal, District Rewari.

Purpose: The notification has been issued to provide a “holiday with wages” to all workers and employees who are enrolled as voters in the specified wards of the mentioned districts. This special holiday is granted to enable these individuals to exercise their voting rights in the upcoming elections.

Eligible Workers and Employees: All workers and employees who are enrolled as voters in the specified wards are eligible to benefit from this designated holiday with wages.

Scope: The holiday with wages applies to all shops and commercial establishments within the State of Haryana that employ workers and employees from the mentioned wards.

Date of the Designated Holiday: The holiday with wages will be observed on November 5, 2023, which falls on a Sunday. This choice of day ensures that as many eligible voters as possible can participate in the democratic process without affecting their employment.

Rationale: The purpose of this notification is to encourage and facilitate the participation of eligible voters in the democratic process by ensuring they have the opportunity to cast their votes without any concerns about their work commitments.

Impact: By designating November 5, 2023, as a holiday with wages for these specific wards, the Government of Haryana is taking a step to support and promote democratic participation. Workers and employees in these areas will have the freedom to exercise their right to vote and make their voices heard in the upcoming elections without worrying about their work-related obligations.

The notification reflects the government’s commitment to ensuring that all eligible voters in these wards can play an active role in the electoral process, which is fundamental to a healthy democracy.

Posted by & filed under Compliance -Calendar.

Every month, businesses across India must ensure that they comply with a variety of statutory regulations and requirements, beyond just taxes. These statutory compliances play a crucial role in maintaining the smooth operation of a business, safeguarding employee rights, and adhering to legal and ethical standards.

In this blog, we’ll focus on the key statutory compliances to keep in mind for the month of November 2023.

Conclusion:

Compliance with statutory obligations is essential for businesses to maintain legal and ethical operations in India. Failing to meet these requirements can result in penalties, legal issues, and damage to your reputation. Hence, it’s crucial to have a well-organized compliance calendar that ensures you meet all your obligations. Make sure to stay informed about the latest updates and changes in the legal landscape to adapt your compliance strategies accordingly. With a proactive approach, businesses can navigate the complex web of statutory compliance and continue to thrive while operating within the bounds of the law

Posted by & filed under Labour Welfare -Harayana.

Karma Management Global

It’s great to hear that the Government of Haryana has increased financial assistance in the schemes run by the Haryana Labour Welfare Board. This step aims to provide better support to the labor force in the state. The specific changes mentioned in the notification are as follows:-

Increase in Financial Assistance: The notification announces an increase in the financial assistance provided under various schemes run by the Haryana Labour Welfare Board. Specifically, the financial aid for the Sewing Machine Scheme has been raised from Rs 3000 to Rs 5000. This increase is meant to benefit the labor force in the state.

Occasion of Vishwakarma Jayanti: The decision to increase financial assistance under the Sewing Machine Scheme was made on the occasion of Vishwakarma Jayanti. This is a significant day in the Hindu calendar, celebrated in honor of Lord Vishwakarma, the divine architect and craftsman.

Amendments to Scholarship Scheme: The notification mentions that amendments have been made to the scholarship scheme. It is essential to refer to the attached document or official sources for comprehensive information on the changes made to the scholarship scheme.

State Level Labor Day: The announcement of these changes was made during the State Level Labor Day, which suggests that it was a special occasion to recognize and celebrate the contributions of the labor force in Haryana.The notification reflects the government’s commitment to improving the welfare and support for laborers in the state by increasing financial aid in the Sewing Machine Scheme and making amendments to the scholarship scheme.

To obtain more specific and detailed information, it is advisable to access the complete notification document.

Posted by & filed under Maternity Benefit Act.

Case Background: Dr. Kavita Yadav, a Senior Resident (Pathology), worked at Janakpuri Super Speciality Hospital in Delhi. Her employment was temporary and extendable on a yearly basis, with a maximum tenure of three years. In 2017, she applied for maternity benefits under the Maternity Benefit Act.

Her employer, citing the termination of her contract on June 11, 2017, granted her only 11 days of maternity benefits. Dr. Yadav contested this decision in the Central Administrative Tribunal and later in the High Court but was unsuccessful. The High Court argued that, since her contractual employment was time-bound and ended during her maternity leave, there was no “absence” to warrant full maternity benefits. Extending her leave, according to the High Court, would mean unintentionally extending her contract.

Supreme Court’s Decision:

The Supreme Court provided a detailed explanation of its judgment:

Interpretation of Maternity Benefit Act: The Supreme Court interpreted the Maternity Benefit Act, which is intended to provide maternity benefits to women. It emphasized that the Act uses the term “maternity benefits” and not “maternity leave.” This distinction is crucial.

Eligibility for Maternity Benefits: The Act, specifically in Section 5(2), sets conditions for eligibility for maternity benefits. These include a woman having worked for a certain number of days in the 12 months before her expected delivery. Dr. Yadav met these conditions.

Maximum Duration of Maternity Benefits: The Act also specifies the maximum duration of maternity benefits in Section 5(3), which is 26 weeks. However, there’s no requirement in the Act that maternity benefits must be co-terminus with the employment tenure.

Prohibition on Dismissal During Pregnancy: The Act, under Section 12(2)(a), prohibits an employer from dismissing or discharging a woman during her pregnancy or maternity leave. This means that once a woman fulfills the eligibility criteria, she’s entitled to maternity benefits even if her contract ends during this period.

Legal Precedents: The Supreme Court referred to previous cases, including one involving female muster roll workers, where it was ruled that the Maternity Benefit Act applied to workers employed on a casual basis or daily wages. The Court noted that the Act is in line with constitutional principles and international obligations.

Overriding Effect of the Maternity Benefit Act: Section 27 of the Act states that it prevails over any other law, award, agreement, or contract of service. This reinforces that the Act’s provisions should be followed.

Court’s Decision:Given the above interpretation and the legal precedents, the Supreme Court ruled that Dr. Kavita Yadav was entitled to full maternity benefits under the Maternity Benefit Act, even though her contract had ended.

The Court instructed the employer to provide these benefits within three months from the date of the judgment, and the earlier decisions by the employer rejecting her claim were invalidated.This judgment, delivered by a panel of three judges, was dated August 17, 2023. It clarifies the rights of female employees to maternity benefits and ensures that these benefits are not curtailed due to the termination of their employment contracts during maternity leave

Posted by & filed under Supreme Court ESIC Judgment.

The Law Advice - News - Pathological labs covered under Employees' State  Insurance Act, 1948 from 2007: SC upholds Kerala HC order

Supreme Court judgment in the case of E.S.I. Corporation vs. M/s. Endocrinology and Immunology Lab (Civil Appeal No. 3368 of 2012), which was decided on August 2, 2023:

  1. Background: The case revolves around the interpretation of the Employees’ State Insurance Act, 1948 (ESI Act) in the context of pathological laboratories in Kerala. The central issue is determining the date from which a particular pathological laboratory (respondent establishment) should be covered by the ESI Act.
  2. Facts:
    • The respondent establishment is a pathological laboratory in Kerala.
    • An inspection of the establishment was conducted in 1999, revealing that 19 employees were working there.
    • A show cause notice was issued to the respondent by the Employees State Insurance Corporation (ESI Corporation).
    • The Employees’ Insurance Court declared in an order dated 19.04.2007 that the establishment should be classified as a ‘shop’ under Section 1(5) of the ESI Act and should be covered by the Act from 22.11.2002.

3. The High Court Decision:The High Court allowed the appeal filed by the respondent, ruling that the establishment should be covered under the ESI Act from 06.09.2007 and not from 22.11.2002.The High Court’s decision was primarily based on a government notification issued on 06.09.2007.

4. Legal Provisions:The ESI Act contains provisions related to coverage and applicability to different types of establishments, including factories and shops. 5. Key Arguments: 1.The ESI Corporation argued that the establishment should be covered under the ESI Act from 22.11.2002 based on a notification issued in 1976 by the Government of Kerala. 2. The respondent argued that the 1976 notification did not include pathological laboratories in its definition of a ‘shop 3. The respondent also pointed to a later 2007 notification, which specifically included medical institutions, including pathological laboratories, with 20 or more employees under the ESI Act.

6. Court’s Analysis and Decision:

  • The Court analyzed the relevant provisions of the ESI Act, particularly Sections 1(4), 1(5), and 2(12), to determine the scope and applicability of the Act to different types of establishments.
    • It was established that the establishment, being a pathological laboratory, did not fall under the definition of a ‘factory’ as it did not involve a manufacturing process.
    • The Court noted that the 1976 notification by the Government of Kerala did not categorize pathological laboratories as ‘shops,’ and the Corporation’s interpretation was inconsistent with this notification.
    • The Court pointed out that the Government of Kerala issued a fresh notification in 2007, explicitly including medical institutions, including pathological laboratories, under the ESI Act when there were 20 or more employees.
    • The 2007 notification, issued in consultation with the ESI Corporation and with the approval of the Central Government, was found to be the relevant authority on the matter.
    • The Court emphasized that the issuance of the 2007 notification indicated that, even by the Corporation’s own understanding, pathological laboratories were not previously covered by the Act.

7. Judgment:

  • The Supreme Court upheld the High Court’s decision, affirming that the respondent establishment should be covered under the ESI Act from September 6, 2007, in accordance with the 2007 government notification.
  • The Court dismissed the appeal, and no costs were awarded.

In summary, this case involved a dispute over the coverage of a pathological laboratory under the ESI Act. The Supreme Court clarified that the 2007 notification specifically including such establishments under the Act took precedence over the Corporation’s earlier interpretations and the 1976 notification, resulting in coverage from September 6, 2007.

Posted by & filed under Delhi BOCW.

Welcome to the Delhi Building and Other Construction Workers Welfare Board  | Delhi Building and Other Construction Workers Welfare Board

This notification from the Government of National Capital Territory of Delhi, dated 20th October, 2023, outlines the requirement for Aadhaar, a unique identification number, for individuals desiring to avail benefits under various welfare schemes implemented by the Delhi Building & Other Construction Workers Welfare Board (DBOCWW Board). Here are the key points of the notification:

  1. Purpose of Aadhaar: The use of Aadhaar as an identity document is encouraged for the delivery of government services, benefits, and subsidies. It is seen as a way to enhance transparency and efficiency in the distribution of welfare benefits.
  2. Welfare Schemes: The DBOCWW Board implements several welfare schemes, including maternity benefits, financial assistance in case of miscarriage, pension benefits, housing advances, disability pensions, educational assistance, marriage assistance, and more.
  3. Funding: The benefits provided under these schemes are financed through the Cess Fund of the DBOCWW Board, National Capital Territory of Delhi.
  4. Aadhaar Requirement: To avail the benefits under these schemes, individuals must provide proof of possession of an Aadhaar number or undergo Aadhaar authentication.
  5. Aadhaar Enrollment: Individuals without an Aadhaar number must apply for Aadhaar enrollment if they are entitled to obtain one. Enrollment can be done at Aadhaar enrollment centers.
  6. Consent for Data Sharing: Those providing their Aadhaar number or undergoing Aadhaar authentication consent to the use of their Aadhaar information to verify their eligibility for the scheme. They also allow the sharing of information with relevant government departments and agencies.
  7. Benefit Transfer: The benefits will be transferred to the beneficiary’s account maintained by the implementing agency through the Cess Fund.
  8. Aadhaar Enrollment Facilities: The DBOCWW Board is required to offer Aadhaar enrollment facilities for beneficiaries who are not yet enrolled for Aadhaar, and they should make these facilities available at convenient locations.
  9. Documents for Eligibility: Until Aadhaar is assigned to an individual, benefits can be given based on specific documents, such as the Aadhaar Enrolment identity document slip and other recognized identity documents.
  10. Publicity: The implementing agency will conduct widespread publicity through media to inform beneficiaries about the Aadhaar requirement.
  11. Exception Handling: If Aadhaar authentication fails due to poor biometrics or other reasons, alternative methods like face authentication or One Time Password (OTP) will be adopted.
  12. Effective Date: The notification comes into force from the date of its publication in the Official Gazette.
  13. Exception Handling Mechanism: An exception handling mechanism is outlined to ensure that no bona fide beneficiary is deprived of their benefits

This notification essentially mandates the use of Aadhaar for accessing various welfare benefits and outlines the procedures to handle exceptions and ensure that eligible beneficiaries are not denied their entitlements.

Download :-

Posted by & filed under Minimum Wages-Delhi.

Delhi govt hikes minimum wages, new rates from October 1, 2023

The Delhi government has taken a significant step in improving the lives of its workers and labor force by announcing an increase in the minimum wage effective from October 1, 2023. This decision represents a positive move towards addressing the rising cost of living and ensuring that all workers receive a fair and just compensation for their efforts

Minimum wage is the lowest remuneration that employers are legally required to pay to their workers. It is set by the government to ensure that employees can meet their basic needs and maintain a decent standard of living. This system not only serves as a protective measure for workers but also aids in reducing poverty and income inequality within a region

According to the Delhi government, The new rates of minimum wages are:

  1. The monthly wage of skilled workers increased from ₹ 20,903 to ₹ 21,215 by ₹312
  2. The monthly salary of semi-skilled workers increased from ₹ 18,993 to ₹ 19,279 by ₹ 286
  3. ₹ 260 increased in the monthly wages of unskilled labourers from ₹ 17,234 to ₹ 17,494.

The decision to increase the minimum wage in Delhi comes as a welcome relief for thousands of workers across various sectors. While the exact details of the wage increase may vary depending on the specific industry and skill level, the overarching goal is to uplift the livelihoods of the workforce.

Notification:-