The world of labour law is known to be dynamic, with never a
dull moment. Although most businesses have laws, rules and guidelines firmly in
place to help govern processes, there is constant change and updation. Given
just how rapidly the scope and dictats of businesses have been changing, this
is not without wonder.
The year gone by has been no exception to any of the others.
With amendments that have been made in order to keep with the changing nature
of business, there has also been an increased focus in bringing ease and
transparency into the reporting process. Here are some of the most significant
amendments that have taken place during the last year.
NATIONAL AMENDMENTS
Employee State
Insurance Act
October 2015
1.
The latest amendment to the ESI Act now allows employers who are dissatisfied with the orders
an option to file an appeal before an Appellate Authority within 60 days of the
order.
Payment of Bonus Act
January 2016
In a change made this year to the Payment of Bonus Act, the notification
redefines an employee as one drawing not more than Rs. 21000 per month as
opposed to the earlier value of Rs. 10,000. It also reclassifies the
calculation of bonus for certain employees, where the wage is calculated as
either seven thousand rupees, or the minimum wage, whichever may be higher.
Employee Provident
Fund Act
October 2015
Notification to Employee Provident Fund Act to ensure
coverage and proper inclusion of all construction workers: The objective of
this notification is to ensure that all workers are accounted for, and that
their details are documented, maintained and submitted accurately.
Employee Provident Fund Scheme
August 2015
The amendment to the Employees Provident Fund Scheme makes
it mandatory for all employers to make contributions through internet banking.
While drafts and cheque payments were allowed for those with contributions of
under 1lac a month, with effect 2016 all payments need to be made
electronically.
October 2015
The introduction of the ‘Jeevan
Praman’ or life certificate online was intended with the objective of making it
easier submission of details and forms. Although only an optional provision, the
benefits of this option are immense.
May 2016
In accordance with this
notification, in all cases where the revision of electronic Challan cum return
is beyond one year, the same shall be accepted upon approval of zonal ACC. This
is to ensure genuine parties benefit. For cases upto 6 months, APFC approval is
necessary, and for cases between 6 months and a year the appropriate RPFC
approval is mandated.
Shops and
Establishments Act
The Central Government has proposed a Model Shops and
Establishments Act which is directed at helping State Governments make
modifications to the current system. This has been designed in order to help facilitate
business. It includes various propositions like keeping shops open 365 days of
the year, allowing more flexible working hours and enabling women to work more
freely.
MAHARASHTRA
NOTIFICATIONS
Maharashtra Shops and
Establishments
May 2015
Amendment made to the Shops and Establishments
Rule to modify renewal of registration of an establishment, along with forms
and the renewal certificate. It also details the enquiries that need to be made
to verify correctness of information
March 2015
Addition made to Schedule II,
detailing the number of working days, working hours and rest days to be allowed
to employees along with facilities and method of recording attendance and other
details.
Maharashtra Contract
Labour Regulation and Abolition Rules
June 2015
In this notification, an additional
clause has been added which makes it mandatory for an undertaking to be
submitted while applying for a license. It also adds that if a license is not
received within seven working days, it shall be deemed to be granted.
Application and issuance of certificates has now been offered online, which
will prove a huge convenience. The grant of a certificate will now cost Rs.
5000, while its renewal will cost Rs. 5000 per annum.
Maharashtra Amendment
to Factories Act
December 2015
This amendment
is in keeping with businesses today, and looks for options to make the working
environment more conducive. Features include relaxed hours of overtime work for
males, permission for women to work the night shift, eligibility to avail leave
with pay. Also includes an added Schedule which lists compoundable offenses
SHRAM SUVIDHA PORTAL
The Shram Suvidha Portal has been
an initiative of the Central Government to encapsulate labour law and make it
easier and friendlier to all establishments. The advantages of the Shram
Suvhida Yojana include instant generation and submission of forms, and the
filing of returns online.
https://efilelabourreturn.gov.in
