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Monday, 30 November 2020

Latest Compliance Notifications - October 1st to October 14th, 2020

The Central and State Governments continually update and upgrade laws to make them relevant, favourable, and convenient. 

We bring you a list of the compliance notifications released between October 15th and 31st, 2020. You may view the complete gazetted notification using the link provided, and access the corresponding Acts, Rules, and Schemes through our Law Library.

If you need any clarifications or details regarding these laws or anything related to labour law and compliance, do feel free to reach out.

State

Date Released

Details

Andhra Pradesh

14/10/2020

Holiday declared on 15th and 16th October due to unprecedented rains.

https://www.comply4hr.com/noti/2016/APNFHR2020Oct14.pdf

Himachal Pradesh

14/10/2020

Ease of Compliance: Electronic maintenance of all records under various laws.

https://www.comply4hr.com/noti/2016/HPCMR2020Oct14.pdf

Meghalaya

14/10/2020

Computerised systems for Inspections under various Acts.

https://www.comply4hr.com/noti/2016/MWA2020Oct14.pdf

Central Government

21/10/2020

Revised Central Minimum Wages effective 1st October, 2020.

https://www.comply4hr.com/noti/2016/CEMWA2020Dec10.pdf

Uttar Pradesh

10/10/2020

Revised Minimum Wages, 1st October 2020 to 31st March 2021.

https://www.comply4hr.com/noti/2016/UPMWA2020Oct10.pdf

Karnataka

9/10/2020

Paid holiday on 3rd November for elections.

https://www.comply4hr.com/noti/2016/KASAR2020Sep10.pdf

Uttarakhand

8/10/2020

Revised Minimum Wages effective 1st October, 2020.

https://www.comply4hr.com/noti/2016/UKMWR2020Aug10.pdf

Puducherry

8/10/2020

Puducherry Holiday List 2021.

https://www.comply4hr.com/noti/2016/WHA2020Aug10.pdf

Andaman and Nicobar

3/10/2020

Andaman and Nicobar Holiday List 2021.

https://www.comply4hr.com/noti/2016/WHA2020Mar10.pdf

Gujarat

3/10/2020

Revised Minimum Wages effective 1st October 2020.

https://www.comply4hr.com/noti/2016/GUMWA2020Jan10.pdf

Latest Compliance Notifications - October 15th to October 31st, 2020

The Central and State Governments continually update and upgrade laws to make them relevant, favourable, and convenient. 

We bring you a list of the compliance notifications released between October 15th and 31st, 2020. You may view the complete gazetted notification using the link provided, and access the corresponding Acts, Rules, and Schemes through our Law Library.

If you need any clarifications or details regarding these laws or anything related to labour law and compliance, do feel free to reach out.

State

Date Released

Details

Central Government

28/10/2020

ESI – contribution rates revert to original 3.75 by employer and 0.75 percent by employee.

https://www.comply4hr.com/noti/2016/ESICR2020Oct28.pdf

Gujarat

28/10/2020

Gujarat Holiday List 2021.

https://www.comply4hr.com/noti/2016/GUSAER2020Oct28.pdf

Central Government

27/10/2020

ESI – Increase in payable medical bonus applicable for 2 confinements, to Rs. 7,500.

https://www.comply4hr.com/noti/2016/ESICR2020Oct27.pdf

Tamil Nadu

27/10/2020

Tamil Nadu Holiday List 2021.

https://www.comply4hr.com/noti/2016/TNNHR2020Oct27.pdf

Haryana

23/10/2020

Maintenance of digital records under 26 different Acts.

https://www.comply4hr.com/noti/2016/HACLR2020Oct23.pdf

Haryana

23/10/2020

Haryana Factory Rules: Auto-renewal of licences through online payment.

https://www.comply4hr.com/noti/2016/HAFER2020Oct23.pdf  

Kerala

22/10/2020

Kerala Holiday list 2021.

Haryana

21/10/2020

Contract Labour Rules: Online Renewal of Licences

https://www.comply4hr.com/noti/2016/HACLR2020Oct21.pdf

Odisha

21/10/2020

Revised Minimum Wages, effective 1st October 2020.

https://www.comply4hr.com/noti/2016/OMWR2020Oct21.pdf

Odisha

20/10/2020

Odisha Holiday List 2021.

https://www.comply4hr.com/noti/2016/OSER2020Oct20.pdf

Uttar Pradesh

20/10/2020

Factories Act: Special temporary exemptions to new factories for 1000 days.

https://www.comply4hr.com/noti/2016/UPFR2020Oct20.pdf

Mizoram

20/10/2020

Mizoram Holiday List 2021.

https://www.comply4hr.com/noti/2016/WHA2020Oct20.pdf

Karnataka

19/10/2020

Shops and Establishments: Special provisions to regulate employment of women during the night.

https://www.comply4hr.com/noti/2016/KASAE2020Oct19.pdf

Central Government

16/10/2020

ESI: ABVKY – Special temporary provisions and relaxations for unemployed under the Scheme.

https://www.comply4hr.com/noti/2016/ESICR2020Oct16.pdf

Latest Compliance Notifications - November 1st to November 14th, 2020

The Central and State Governments continually update and upgrade laws to make them relevant, favourable, and convenient. 

We bring you a list of the compliance notifications released between November 1st and 14th, 2020. You may view the complete gazetted notification using the link provided, and access the corresponding Acts, Rules, and Schemes through our Law Library.

If you need any clarifications or details regarding these laws or anything related to labour law and compliance, do feel free to reach out.

State

Date Released

Details

Himachal Pradesh

12/11/2020

Himachal Pradesh Holiday list 2021.

https://www.comply4hr.com/noti/2016/HPNFHR2020Dec11.pdf

Punjab

11/11/2020

Revised Punjab Minimum Wages, effective 1st July 2020.

https://www.comply4hr.com/noti/2016/HAMWA2020Nov11.pdf  

Punjab

10/11/2020

Punjab Holiday List 2021.

https://www.comply4hr.com/noti/2016/DNHRR2020Oct11.pdf

Punjab

9/11/2020

Punjab Amendment to Factories Act, increasing applicability threshold from 10 to 20 workers, and 20 to 40 workers in factories with and without power respectively; quarterly overtime increased from 75 to 115 hours.

https://www.comply4hr.com/noti/2016/FA2020Sep11.pdf

Telangana

9/11/2020

Telangana Holidays List 2021.

https://www.comply4hr.com/noti/2016/TLGSEA2020Sep11.pdf

Assam

7/11/2020

Revised Minimum Wages, effective 1st June, 2020.

https://www.comply4hr.com/noti/2016/ASSMWR2020Jul11.pdf

Gujarat

5/11/2020

Directive by Supreme Court quashing earlier provisions introduced to Factories Act; mandating overtime wages to be paid to employees since date of issued notification.

https://www.comply4hr.com/noti/2016/GUFR2020May11.pdf

West Bengal

5/11/2020

West Bengal Holiday List 2021.

https://www.comply4hr.com/noti/2016/WBSAER2020May11.pdf

Kerala

4/11/2020

Revised Minimum Wages, effective 1st September, 2020.

https://www.comply4hr.com/noti/2016/KEMWA2020Apr11.pdf


Latest Compliance Notifications - November 15th to November 30th, 2020

The Central and State Governments continually update and upgrade laws to make them relevant, favourable, and convenient. 

We bring you a list of the compliance notifications released between November 15th and 30th, 2020. You may view the complete gazetted notification using the link provided, and access the corresponding Acts, Rules, and Schemes through our Law Library.

If you need any clarifications or details regarding these laws or anything related to labour law and compliance, do feel free to reach out.

State

Date Released

Details

Karnataka

21/11/2020

Karnataka Holiday list 2021.

https://www.comply4hr.com/noti/2016/KANHR2020Nov21.pdf

Bihar

18/11/2020

Bihar Amendment to Contract Labour Act, increasing applicability for establishments employing 20 or more workmen to 50 or more workmen.

https://www.comply4hr.com/noti/2016/CLRA2020Nov18.pdf  

Jharkhand

18/11/2020

Revised Jharkhand Minimum Wages, effective 1st October, 2020.

https://www.comply4hr.com/noti/2016/JHMWR2020Nov18.pdf


Wednesday, 25 November 2020

Government Attempts Economic Recovery with Atmanirbhar Bharat Package

 Following the impact of Covid-19, the government is looking to build and strengthen the state of the economy, setting in place several initiatives for incentive and relief. Among them is the recently announced Atmanirbhar Bharat Package 3.0.

The Atmanirbhar Bharat Rozgar Yojana takes inspirations from PMRPY that offered benefits to over 1.5 lac establishments. The current scheme is intended to offer more employment opportunities to aid recovery from COVID.

The Scheme will be applicable and operational till 30th June 2021.

Criteria for Establishments

Establishments desirous of obtaining benefits from this scheme must be registered with EPFO. Such establishments need to have:

-        Added a minimum of 2 new employees if their reference base is 50 employees or less

-        Added a minimum of 5 employees if their reference base is over 50 employees

(Note: The addition and base references are compared and estimated as in September 2020.)

All establishments registering with EPFO following the commencement of the Scheme are eligible to avail subsidy for all new employees.

Beneficiaries

Beneficiaries under this Scheme include:

  • -        All new employees who have joined establishments registered with EPFO, and drawing monthly wages below Rs. 15,000.
  • -        EPF members whose average monthly wage is under Rs. 15,000 and have exited their employment between 1.3.2020 and have been employed on or after 1.10.2020.

Government Support and Subsidy

The central government has committed to support eligible employees who have been engaged on or after 1.10.2020 for a period of two years. The subsidy allowed includes:

💲 Employee’s contribution (12% of wages) and employer’s contribution (12% of wages) equaling 24% of wages [for establishments with up to 1000 employees]

💲Employee’s contribution to EPF (12% of EPF wage) [for establishments with over 1000 employees]

Wednesday, 18 November 2020

Work From Home - Do the Laws Need to Change?

Work from home
Working from home is the new normal



 Covid-19 has resulted in transformational changes to the workplace worldwide. Employees are encouraged to work from home, huge offices are largely empty operating with a minimum necessary workforce and many industries have let portions of their workforce go. While real estate and facility management businesses are struggling to stay relevant, organisations are struggling with health and safety issues as well as internet issues in home offices. 

It is also clear now that this situation is going to last a lot longer than earlier assumed. Employers have realised that the expected drop in productivity has not materialised. Employees are enjoying the time saved on the commute and being more diligent. There is a loss in terms of collaborative ability but organisations are evolving quickly to adopt different technologies on this front. 

In light of this, do labour laws in India need to change to incorporate and facilitate this unforeseen and rapid change? To answer this, we will look at the major areas where employment conditions are covered by the law and see whether anything needs to change 

Definition of an establishment or factory or workplace - Yes ✅
As of now, the definitions are quite specific to places which carry on a trade or a business. This could be construed to exclude homes. This could get tricky in the case of any incidents at home. How would you distinguish between incidents which occurred in the process of work and household incidents? Would the Employee Compensation Act need to be amended to take work from home into account? This opens a can of worms and needs resolution. 

Opening and Closing Hours - No ❌
As these pertain to the workplace and not the employee, there is no need for change here.

Working Hours - Maybe ❓
All states have defined the maximum number of hours of work, hours of overtime, interval periods and spread-over (start of work to end of work including intervals). Typically, these are handled through attendance systems/registers which clock your hours. In the transition to work from home, organisations will be challenged in terms of monitoring these. In environments where overtime is paid, this issue becomes even important. In the case of disputes, there is no longer any physical evidence on either side. While this is complicated, I do not see how a change in the law will make this any easier. This requires a technological solution on part of the employer. 

Holidays and Leave – No ❌
While employers should resist the temptation to ask employees to work on off-days just because office is in the next room, yet again, this is an operational issue which cannot be ameliorated by the law.

Wages and Service Conditions – No ❌
Nothing in the employee-employer relationship changes on account of work from home.

Notices and Abstracts – No ❌
Most acts require that employees are able to access its provisions by requiring employers to put up an abstract on the notice board. Similarly, various notices are required informing the employees of minimum wages, holidays, service conditions and authorities whom they can approach. Employers need to find alternate ways of providing this information to employees.

Contract Labour - No ❌
As contract labour are employees of a contractor, and the act primarily governs the contractor-employer relationship, there is nothing that needs to change here. The vast majority of contract labour in India as covered under the act work on the site in any case, and there will be few cases of work from home here. While this list covers areas that already exist under the law, a few new areas of concern arise that may need addressing.

Health and Safety 
Health and Safety for employees while working at home is a subject not covered at all by the labour laws. As mentioned in the first point, action needs to be taken to ensure that homes are included in the definition of workplaces. This will automatically ensure that any health and safety provisions that have to be followed in law will also have to be followed in the home workplace.
Further, group insurance policies which cover normal workplace incidents may not cover work from home issues. There needs to be some central policy making in this regard. 

Flexible Working Hours 
Requests for these are bound to arise in work from home situations. The law does not specifically provide for this and split work hour periods with large intervals could technically contravene spread-over laws. The law needs to provide for this and avoid ambiguities. 

Work from home Infrastructure and Expenses 
This is a big splotch of grey areas. Are employees required to use their personal internet connections and furniture for work purposes? What of employees with space constraints which make work from home impossible? 

Employee Childcare 
With children also having to stay at home during lockdowns, employees are having to balance work and life at a much more intense level. Employers need to be sensitive to this and the law needs to ensure that they are.