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Saturday, 19 August 2017

Proposed Amendments on Maharashtra Shops and Establishments Act


The most recent bill advocating changes to the Shops and Establishments Act applicable in the state of Maharashtra is certain to bring about several benefits to workers and owners. The main intent of the proposal has been:

-          Creating more opportunities and a more favourable environment for women

-          Welfare measures for health and safety of workers

-          Improving efficiency and productivity of establishments

-          Bring about uniformity in conditions extended to those employed in shops and establishments



Salient Features of the Bill

-          Application and registration: Establishments need to register online with uploaded, self-certified documents. This is to be done within 60 days of commencement of business. Closure of an establishment must be communicated within 30 days.

-          Days and hours of work and rest: Operation of shops is hereby permitted 24hours/7 days a week. Adults can work for no longer than 9 hours a day/48 hours a week; and for not more than five hours unless given a half-hour break. Spread-over should not exceed 10 hours on any day, and 12 hours in the case of intermittent nature of work.

-          Women employees: There shall be no discrimination against women in employment, transfer and payment of wages. They shall be made to work only between 7am and 9.30pm. Safety, dignity and honour will be protected at all times, and in the event of working between 9.30pm and 7am, transportation from workplace to home must be provided.

-          Overtime: Anyone working beyond permissible limits is entitled to overtime at twice the rate of ordinary wages. Overtime shall not exceed 125 hours over a period of 3 months.

-          Holiday and Leave: Every worker must be ensured at least one days rest (24 continuous hours) in a week. If denied a weekly holiday, a compensatory day off must be given. When working on a day of rest, worker is entitled to twice the rate of wages, and no deduction shall be made on account of weekly holiday. Every employee is entitled to eight days casual leave with wages during a calendar year, credited on a quarterly basis. Leave may be accumulated upto 45 days and carried forward. Leave applied for 15 days prior and not sanctioned, when over the 45 day limit may be encashed. Unavailed leave barring casual and festival leave must be paid in full by the employer. 8 paid holidays (against  the earlier limit of 4) are mandatory. While 4 of these are fixed, the rest are to be agreed mutually by employer and workers.

-          Health and welfare: Measures for health and safety including cleanliness, ventilation, sanitation, drinking water, first aid, toilet facilities, and canteens when employees are over 100 in number must be made. Where employees are over 50 in number, facilities for a creche must be in place on premises, or in a common establishment within a radius of 1 kilometre.

-          Offenses: Contravention may attract a fine of upto one lakh, with an added fine of rupees two thousand a day for repeated contravention. Total fine shall not exceed two thousand per worker. Contravention resulting in bodily harm can attract imprisonment for six months and/or fine between 2 and 5 lakhs. Non-submission or furnishing of documents for inspection can attract fine upto 2 lakhs, with a penalty of 1 lakh for each offense if non-compliant.



Points to Ponder:

While all of the initiatives are certain to provide added benefits to workers, there are some aspects worthy of a thought:

-          When calculating hours or days of work, are the calculations made based on a 365 day year, or based on a 240 day year?

-          While the coverage of casual leave is laudable, should the angle of sick leave also have been touched upon?



View the complete, official copy of the proposed bill at http://comply4hr.com/noti/2016/MHSAE2017Aug8.pdf

Wednesday, 29 March 2017

Gazetted Notification on Maternity Benefit with Extended Leave


The Central Government, in its latest notification on Maternity Benefits has made a significant change to the leave granted to mothers allowing them a grant of 26 weeks, as opposed to the previous 12 weeks. This is applicable to all mothers who have less than two surviving children.


There have also been other additions made to this Act, which include:

·         The definition of a commissioning mother, meaning a biological mother who uses her egg to create an embryo implanted in any other woman;

·         Provisions for women who legally adopt a child, whereby A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be;

·         The provision to work from home: In case where the nature of work assigned to a woman is of such nature that she may work from home; the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.

·         The introduction of crèche facilities has also been another important provision. According to the notification,

(1) Every establishment having fifty or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with common facilities: Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her.

(2) Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.


In a further amendment made to the Maternity Benefit Act, a new notification declares that the changes shall come into effect from 1st April 2017, while sub-section(5) of Section 3 shall come into effect from 1st July, 2017.




While no certain guidelines for crèche facilities have been laid down in this Act, the same can be borrowed from the Factories Act, which lays down guidelines for crèche facilities as under:

(1)    In every factory, wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.

(2)    Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

(3)    The State Government may make rules-
(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section ;
(b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing ;
(c) requiring the provision in any factory of free milk or refreshment or both for such children ;
(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at necessary interval.

The official gazette notification can be viewed at http://comply4hr.com/noti/2016/MBA2017Mar27.pdf


The notification declaring the date of applicability can be viewed at http://comply4hr.com/noti/2016/MBA2017Mar31.pdf




Tuesday, 14 March 2017

Technical problems for regular online compliances of ESI & Provident Funds

Date: 14/03/2017


To,
*Shri.Narendra Modi,
Honorable Prime Minister of India,
152, South Block, Raisina Hill, New Delhi-110011*

*Sub: Technical problems for regular online compliances of ESI & Provident Funds*


Respected Sir,
This is regarding the technical problems we are facing in routine online compliances of Employees State Insurance Corporation (ESI) and Employees’ Provident Fund Organisation (EPFO).

We are practicing consultants from Mumbai and present PAN India,  actively helping both the departments of ESIC & EPFO in proper implementation of the both the schemes.

Considering the recent major changes that have taken place in online statutory compliances of ESI & PF, we wish to bring to your kind notice; the problems, establishment governed by ESI & EPF Act, face. In spite of regular complaints from several employers, ESI Corporation as well as EPFO is either not finding the solutions against these complaints OR lacking enthusiasm in solving them. We therefore no alternative but to approach your office.

*Problems faced on ESIC Portal:*
For your reference we are giving some points regarding ESI compliances and changes happened in recent past:
1. From 01/08/2016 ESI Corporation has implemented the ESI Act for some new areas in the country and accordingly more establishments have come under the purview of this Act.
2. Accordingly since Aug-16 due to the increased work load ESI online portal is not responding for regular compliances and as a consultant we could not complete the necessary online registration procedures in time and pay the contributions for Aug-16 before the due date i.e.21/09/2016 for our clients.
3. Similarly with effect from Jan-17, wage limit for the applicability of ESI scheme is increase from Rs.15000/- to Rs.21000/- and this time also we have faced the same problem on this portal.  It is not responding, even if sometimes it responds, it stops working without any reason.
4. When we have raised the complaint through our clients (employers) on email ID provided on ESIC portal, instead of giving the solutions ‘IT care’ of ESIC is asking the employer to change the settings of their computers, and after changing the settings we find the problem continues.

*Our concerns about ESI Portal and online compliances are as under:*
1. First of all on google search for the ESIC portal www.esic.in, shows the result as ‘Incompatible Browser’, here one can understand the problem of this portal.
2. This portal behaves very weird and is not working as per expectations. Sometimes it works on the same machine and on the same browser recommended by ESIC, but in next session it doesn’t works. This is an irritating experience.  So there is a lots of work to be done in connection with Browser compatibility.
3. It is also noticed that the security certificate which is required to run the https: portal is not upgraded since Feb-16, i.e. pending about one year now.  
4. As far as the addition of newly implemented area is concerned, in the event when this portal was already having so many technical problems and not having the servers with required capacity why they have implemented the ESI Scheme to new areas and also increased the wage limit without increasing the server capacity and other infrastructure?
5. For the  payment of monthly contributions, when there is due date laid down in the ESI Act, and for any late payments Employers are required to pay the penal interest and damages, who is responsible for the non compliances resulted due to technical problems of ESI portal? We expect that such interest and damages should be waived for the period Aug-16 onwards till the portals functions smoothly.
6. From the month of Feb-17, ESI has given an option of two different rates of contributions for the employers falling in the newly implemented areas i.e. for the employers in newly implemented areas ESI contribution rate is reduced to 1% as employees’ share & 3% as employer’s share (total contribution@ 4%) for first 24 months, whereas for their  employers’ falling in the old areas are liable for the contribution rate of 1.75% +4.75%=Total 6.5%. For these changes on ESI portal, those who have submitted their request for this reduced rate, it still calculates with higher rate.
7. Process of Insured Person (IP) registration for obtaining ESI Insurance number has become time consuming and should be simplified with the facility for uploading the data in text or excel format. On ESI portal for the employers’ having higher labour turnover, process of IP registration has become very time consuming and tedious job.
8. In the event when online websites of other Govt. Department s i.e. Income Tax, Sales Tax OR highly secured websites of hundreds of Banks operating in the country are running properly with lakhs of users per minute, and to run the same no one is asking to change any setting of end user, what type of website ESI has developed; which frequently asks for, to change the setting and deploy certificates?
9. When Government of India  has launched ‘Digital India’ project to simplify the things for end users, we find the ESI portal as a nightmare to make the routine compliances and now it is high time to improve and simplify the process of this portal.
10. In the past it is observed that at the time of making major changes in the method of compliances,ESI department never takes and practical view. No practical guidance appears to have been taken from the experienced men in the field.

Problems faced on EPFO’s ‘Unified Portal’:

*For your reference we are giving some points regarding PF compliances and changes happened in resent past:*
1. For the online PF compliances on 6th Apr-2012, for the first time EPFO has introduced their portal ‘Employer E-Seva’ and subsequently in Jul-2014 they have allotted UAN to all the PF members and for UAN services, with the introduction of ‘Online Transfer Claim Portal’ (OTCP). E-Seva was working properly but on OTCP portal for UAN linking many problems have been faced.
2. To rectify these problems of UAN linking on OTCP portal, on 17th Dec-2016 both the portals have been scrapped and on 23rd Dec-16, EPFO has introduced ‘Unified Portal’ for all the UAN based compliances. Scrapping of two different portals is a major failure of EPFO department.
3. In this process it is observed that, two or more different UAN have been allotted to one member. Whereas EPFO has earlier announced that, UAN will be a single & unique identity for the PF member. This has created panic among members on the sensitive issue of their provident funds, because most of the members have already activated there earlier UAN with completion of KYC procedure!

*Our concerns about ‘Unified Portal’ and online compliances of PF are as under:*
1. From the date of introduction of this portal it is not working properly and during the normal office hours users are unable to login on the same. This might be a problem of server capacity. Due to this problem on 12th Jan-17 EPFO has allowed a grace period for the payment of contribution till 20/01/2017. This could have been avoided with prior testing of the portal before introduction for direct compliances on pan India level. This period of 5 days was not at all sufficient considering the capacity of portal and congestion.
2. For the online process of few minutes this portal is taking hours. Now it is more than two months have passed from the date of introduction, portal is still not working to its expected capacity and most of the time we are unable to logon to the same for the statutory PF compliances.
3. In earlier process for the assistance in data processing EPFO have provided a tool on their website, but this time such tool is missing.
4. In the process of statutory compliances of PF, establishments are paying heavy amounts towards the PF contributions, and for any delay minimum 17% of penal interest and damages is imposed. Who is responsible for the lapses in the introduction of new systems? In the past things could be done manually. Now neither manually nor online compliance can be made, as portal is not working as expected. Hapless establishments therefore no way but to succumb to interest penalties and damages, without their faults.  
5. For above mentioned difficulties if we telephone on the number given on the portal, there is always ‘No Reply’. If we try to raise any of the points mentioned in this letter on the email ID give on the portal, it never replied.
6. Both the department coming under your Labour Ministry, have started the amnesty scheme with good intention to enrol maximum number of employees under this social security scheme. There are establishments who have never applied for Provident Fund registration. They want to take advantage of this amnesty scheme and want to register themselves. But as the portal for online registration is also not functioning and employers are prevented from registration. Consequently even though an employer wants to register and give PF benefits to his employees, he can’t do so. The time span for the amnesty scheme is from 1st Jan2017 to 31st of March-2017 out of which two months have already passed without any fruit full end.
7. We also want to bring your kind notice that even though it is your effort to settle the PF claims of the members on the same day of submission of claim. Practically of you enquire, you will find that since last one month, large number of claims have not been settle for one difficulty or other in the new internal system of EPFO.

Sir, we are very much pleased with your earnest and relentless efforts to reduce corruptions and encourage ease of doing business. ESI and PF portals are not coming to terms of your good intention.

We hope you will personally look into the matter, verify the facts and take appropriate decision in the matter.
We promise that, our association will always support your sincere efforts to improve the systems of our country.
Thanking you,

Yours faithfully,

Pratik Vaidya

Thursday, 16 February 2017

Maharashtra Election Notification - Special Concessions from the Government

The Notification is published in the Maharashtra Official Gazette and also from the State Government’s  Industries & Labour Department’s notice dated 02nd Feb 2017 on election holiday it broadly says :

1                     On 21st February 2017 as there is an election for the Municipal Corporation in major locations of Maharashtra as per the notification attached, all shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, shopping centers, malls, retailers and other establishments  should allow their employees to cast their vote and give paid holiday for the said election day.
2                     It is also to be noted that on the said day i.e. 21st February 2017 if IT Companies, Economic Export Zones, Continuous Process Industries or Factories  are bound to incur heavy loss than these establishments are required to grant  their employees / workmen  at least 2 hours of time on rotational basis to enable/utilize  the employees / workmen their Right to Vote.  





Friday, 9 December 2016

Payment of Bonus Act - Taking Filing of Returns Offline


The latest of labour law notifications has to do with the Payment of Bonus Rules. In accordance with this notification, modifications have now been made to the filing of returns. While an online provision has always been available, the latest amendment only accounts for physical returns that are to be filed by 1st February of every year. The Form D that was introduced has now been taken offline and must be filed in physical copy.

The older, 2014 notification can be viewed at  http://www.comply4hr.com/noti/2016/PBR2016Dec6.pdf

The latest, December 2016 notification is available at http://comply4hr.com/noti/2016/PBR2016Dec7.pdf



Wednesday, 7 December 2016

The Pradhan Mantri Rojgar Protsahan Yojana – Key Facts




Among the various initiatives that have been seen recently, the PMRPY has been among the most discussed – for the opportunity that it allows and also for the change that it expects to bring about. However, there has also been a lot of ambivalence accompanying it, much of it stemming from ambiguity in understanding its scope and extent. Through this note, we attempt to deconstruct the PMRPY and help make it simpler and more inclusive.



Purpose

The main objective of PMRPY is to help generate greater employment, with the Government of India making a contribution of 8.33% EPS on behalf of the company for the new employee.



Eligibility

Establishments with a valid organisational PAN qualify. All payments will be made to the establishment through a bank account. Additionally, the establishment must also have a Labour Identification Number (LIN) which is assigned upon registry with the Shram Suvidha Portal. This is applicable only to establishments who are already registered with the EPFO.

In order to avail this benefit, the establishment needs to add the new employees to the reference base of workers. The Scheme has been in operation since August 2016.



Reference Base

It is mandatory that the establishment have submitted their ECR for March, 2016. The reference base is simply the number of employees for whom the establishment deposited the EPF and EPS, together amounting to 12%, on or before 31st March 2016. The details will be verified.



Determining benefits

In order to be eligible for the benefits, the establishment needs to show an increase in the number of employees on or after 1st April, 2016. The benefits, however, will only be available to the new employees. Using the same reference base and 31st March cut off, a calculation of new employees will be made every subsequent year.

In the event that there has been no new employment, or the establishment has witnessed a fall in employment in the subsequent months, they will not be eligible for the scheme during those months.

For new establishments, or establishments that register with the EPFO after 1st April 2016, the reference base is zero, with every employee being considered new.





New Employee

Under this scheme, a new employee is defined as one:

-        Who did not have a UAN prior to 1st April 2016 (all UAN’s must be Aadhar seeded and verified)

-        Has not worked with an EPFO registered organisation prior to 1st April 2016; and

-        Whose wages do not exceed Rs. 15,000 per month in either the unskilled or semi-skilled category.



Extent of Validity

The Scheme will be operational for 3 years, and will cover all new employees until such time, provided that the new employee continues to be in employment under the same employer.



Process for Availing the Benefit

Upon registry, the following procedure must be followed on a monthly basis

-        Using the PMRPY form, the establishment must update the PMRPY interface, on or before the 10th of every month. This form includes a description of the job role, date of joining and date of exit if applicable.

-        The form must be submitted by the 10th of each month. In the event that the form is not submitted online before the stipulated time, the employer will not be able to avail the benefits for the said month.

-        Using the prescribed format, an undertaking must be filled and duly signed by the employer.

-        Details of the new employee – like the UAN, its seeding with the Aadhar number etc. will be validated and verified. After this, the amount due against the new employee will be computed.

-        Until such time that ECR 2.0 is in operation, contributions will be made directly into the account of the employer.

In case multiple ECR’s have been filed by an establishment for the same period, only the first ECR filed and submitted for the month by the employer would be considered.



Supplementary ECR’s

If a supplementary ECR is filed by the employer for the base month at a later stage, which leads to a strengthening of the employee number in the base month, there is a chance that the employer may become ineligible for the benefits during some, or all months, for which the contribution has already been made. In this case, the employer must refund the subsidy received for those months, along with penal provisions which have been laid down in the EPF & Miscellaneous Provisions Act, 1952 and Schemes thereunder.







NIC – 2008

To avail benefits, it is compulsory for the establishment to mention the nature of industry as per the National Industrial Classification Code or NIC-2008. This code is assessed by the value of products, services and activities carried out by the establishment. For establishments that produce multiple products, the product which contributes maximum value is taken. Where such classification is not possible, the revenue of the establishment, services or the number of people deployed in the activity may be considered.



Benefit to Textile Industry

A parallel scheme known as the Pradhan Mantri Paridhan Rojgar Protsahan Yojana is targeted at the textile industry, wherein the employers can also avail the 3.67% EPF contribution, over and above the 8.33% contribution. The payment will be made after the employer has credited the employees’ 12% EPF contribution with the EPFO. This is particularly in favour of establishments dealing in the manufacture of wearing apparel (NIC 1410 and 1430).



Sub-Sectors covered in the apparel sector

(1) NIC 1410: Manufacture of wearing apparel, except fur apparel

a. NIC 14101: Manufacture of all types of textile garments and clothing accessories 

b. NIC 14102: Manufacture of rain coats of waterproof textile fabrics or plastic sheetings

c. NIC 14105: Custom tailoring

d. NIC 14109: Manufacture of wearing apparel not elsewhere classified



(2) NIC 1430: Manufacture of knitted and crocheted apparel

a. NIC 14301: Manufacture of knitted or crocheted wearing apparel and other made-up articles directly into shape (pullovers, cardigans, jerseys, waistcoats and similar articles) 

b. NIC 14309: Manufacture of other knitted and crocheted apparel including hosiery



Availing PMRPY Benefits



Given below are the steps that should help you to avail the benefits under the Pradhan Mantri Rojgar Protsahan Yojana



1.      Login to the Employer Interface of the EPFO Unified Portal



2.      Details of all new employees along with Aadhaar information is to be filled for the relevant month. This can be done either individually or through bulk registrations



3.      UAN’s to be allotted to new members, and the Aadhaar information must be approved by the employer through the DSC



4.      The employer then needs to login to the PMPRY portal (https://www.pmrpy.gov.in)



5.      Details of new members who have joined and are eligible will now be added. The return will be signed digitally. This activity must be completed and submitted either before the 10th of the following month, or before submitting the ECR for the month, whichever is earlier. It is only on fulfilling this condition that the contribution will be released.



Sr. No
Field
Field Type
1
UAN
Input
2
Member’s Name
Display/Non Editable
3
Father/Husband’s Name
Display/Non Editable
4
Aadhaar
Display/Non Editable
5
Date of Birth
Display/Non Editable
6
Date of Joining
Display/Non Editable
7
Date of Exit
Display/Non Editable
8
Job Description
Selection
9
Skill Level
Selection



6.      Employer logs in to the Employer Interface of EPFO’s unified portal.



7.      Employer files the ECR copy as is – without any changes under the PMRPY Scheme. The system uses step 5 to ascertain whether the benefit is to be extended or not.



8.      A Challan is generated by the system after adjusting the amount payable under the PMRPY.



9.      The system then begins the procedure for remittance of dues excluding the subsidy allowed under the PMRPY, as determined by the Challan described in step 8.










Tuesday, 29 November 2016

The Importance and Scope of Pradhan Mantri Rojgar Protsahan Yojana



The country has witnessed an anomaly of sorts in the few last years. Despite trends and demographics being highly in favour of the country, and especially so for as far as the youth are concerned, the figures that have translated have been alarming. The growth was not remarkable to start off with. Accompanying this was the fact that the rate of growth of jobs has not been consistent. The last decade has seen an actual decline in the people employed in the labour force, and an alarming drop in the female population engaged. The greatest cause of concern perhaps, has been the fact that the unemployment rate among the youth has been especially high. This is even true for those who have a minimum of a secondary level of education.

To help streamline processes and also incentivise and improve the situation in organisations, the Pradhan Mantri Rojgar Protsahan Yojana (PMRPY) has been a significant step in not just encouraging organisations to employ a greater number of people, but also facilitates bringing otherwise unaccounted employees into their books. The key deliverable of this Scheme is that the Government will pay the 8.33% contribution for all new employees for the first three years of their service.

Who Stands to Benefit?

There is a direct benefit to employers who will receive support from the government in this regard. The situation of unemployment also stands to get direct redressal through this instrument. What is of greatest significance is the fact that all workers will now stand to have access to a more sound social security cover.

Who does this cover?

Any employee who, prior to April 2016, has not been employed in an establishment that is registered under the EPFO, and does not have a UAN is covered. However, the employee must not have a salary exceeding 15,000/- per month.

Who is eligible?

-        It is mandatory that the organisation have a LIN(Labour Identification Number) allotted to them. This is available through the Shram Suvidha Portal. This is over and above the customary registration with the EPFO.

-        The new employees should have been added to the existing reference base by August 2016. In the case of new establishments or those who have just registered, the reference base is maintained at zero.

-        This is only applicable to those whose salary is under 15,000/- per month. The EPFO portal will help facilitate payments in the event that the employee does not possess a UAN.

-        The contribution can be availed by the employee through the government for a period of three years as long as the employee remains in the same organisation. The additional 3.67% EPF contribution is also available to those in the apparel sector.





The official notification is available on www.comply4hr.com at http://comply4hr.com/noti/2016/EPFS2016Aug9.pdf

Also you would find complete explanation on http://www.epfindia.com/site_docs/PDFs/Circulars/Y2016-2017/RI_PMRPY_17346.pdf

http://www.epfindia.com/site_docs/PDFs/Circulars/Y2016-2017/RI_PMRPY_17346.pdf

Wednesday, 28 September 2016

Integrated Registration and Return under Telangana

The Government of Telangana have decided to introduce a common periodical Return in Form–I, and Integrated Registers in Form - II and Form-III together (under following acts), so as to provide immediate relief to the Industries /Establishments, falling under the jurisdiction of State Government by protecting the interest of the workmen too.

1. Contract Labour(Regulation and Abolition) Act, 1970

2. Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act,1979

3. Minimum Wages Act,1948

4. Payment of Wages Act,1936

5. The Motor Transport Workers Act,1961

6. Building and other Constructions Workers (Regulation of Employment and Conditions of Service) Act, 1996

7. The Beedi and Cigar Workers (Condition of Employment) Act, 1968

8. Shops & Establishment Act, 1988

9. The Factories Act, 1948


Form–I:- Annual Return for the financial year ending 31st March, may be prepared by an employer and furnished to the Inspector, on or before 30th April of every succeeding year, those employers who wish to submit online can register on web portal and can submit in Form-I and others who do not want to submit online can submit manually to the concerned officer.

Form-II & Form-III :- Integrated Registers to be maintained by an employer and to be furnished to the Inspector on demand either in physical form or computer floppy, diskette or through electronic mail.

Where an employer furnishes Return in Form-I, and maintains Integrated Register in Form-II and Form-III together, nothing contained under the above Acts/Rules shall render himself liable to any penalty.


Attached the G.O for your information.

Thursday, 8 September 2016

ESIC Wage Threshold Raised to Rs. 21,000

The Employees' State Insurance Corporation (ESIC) today raised the monthly wage threshold to Rs 21,000, from the current Rs 15,000, for coverage under its health insurance scheme.
In a meeting held today, the ESIC board also decided to give an option to existing insured persons to continue membership even if their wage breaches the ceiling of Rs 21,000 per month.
At present, all those insured under the ESIC scheme lose their membership of ESIC as well as that of the insurance cover if their wage overshoots the ceiling.
"ESIC has raised the threshold wage limit from Rs 15,000 to Rs 21,000," Labour Minister Bandaru Dattatreya told PTI after the board meeting of ESIC here. Labour Minister is the Chairman of the ESIC Board.
Both the decisions will be implemented from October 1.
Dattatreya added that the move of raising the threshold will help bring in an additional 50 lakh members to ESIC.
At present, ESIC has 2.6 crore insured persons, which covers over 10 crore people, assuming four members of a family.
The minister also said there is a plan to increase the wage threshold for retirement fund body EPFO subscribers and it may be considered in the next meeting of the Central Board of Trustees (CBT).
At present, the wage threshold is Rs 15,000 per month for coverage under its social security scheme.

Saturday, 23 July 2016

Haryana Government Passes Amendment Bills

The Haryana Vidhan Sabha on Wednesday, 20th July 2016 amended the following:

Industrial Disputes (Haryana Amendment) Bill 2016: To allow enterprises with up to 300 employees to lay off workers without the government’s permission.

Labour and Employment Minister Capt Abhimanyu moved the Industrial Disputes (Haryana Amendment) Bill, 2016 in the ongoing budget session which was passed by the House.

The House also passed three other Bills concerning labour reforms.
Contract Labour (Regulation and Abolition) Haryana Amendment Bill, 2016:

The Bill concerning contract labour proposes to do away with the condition of registration for industrial establishments, employing up to 50 workers, under the Contract Labour (Regulation and Abolition) Act 1970. With this, the existing limit of 20 workers was increased to 50 for the purpose of application of the Act in Haryana.

Payment of Wages (Haryana Amendment) Bill, 2016:
With the Payment of Wages Bill, the central government becomes the competent authority to fix or revise wage limits of persons employed in industrial establishments.

The existing limit of such wage is Rs.18,000/- per month. The amendment was proposed to provide remedy to those who are getting wages at higher rate to enable them to agitate their claim in case of delayed payment of wages or illegal deduction from the wages.

Factories (Haryana Amendment) Bill, 2016:
The amendment approved by the Haryana Vidhan Sabha would enable factories with 20 workers with aid of power and 40 workers without the aid of power to be exempted from the definition of Factories Act, 1948.

As per the statement of objects and reasons, orders for supplying the goods are time bound and the factories are to supply the required goods well before the targeted time.