Mahashtra Government has vide its notification dated 10th October, 2020 specified that Employees State Insurance Corporation will be applicable to all classes of establishments employing 10 or more persons. This notification comes into effect from 1st October, 2020. Accordingly those classes of establishments as stipulated who are employing 10 or more persons and not yet registered under the ESIC Act, are required to register on their portal. This public notice gives more details of the same.
Tag Archives: Labour Laws
PIB press release dated 30th July, 2019
The Lok Sabha today passed The Code on Wages Bill, 2019. While opening the discussion for consideration and passing of the Bill, Minister of State (I/C) for Labour and Employment Shri Santosh Kumar Gangwar said that it is a historic Bill which aims to transform the old and obsolete labour laws into more accountable and transparent ones which is need of the hour. As many as 17 present labour laws are more than 50 years old and some of them even belong to pre-independence era.
Among the four Acts being subsumed in The Code on Wages Bill, The Payment of Wages Act, 1936 belongs to pre-independence era and The Minimum Wages Act 1948 is also 71 years old. The Payment of Bonus Act, 1965 and The Equal Remuneration Act, 1976 are also being subsumed in the Code.
He further said that wide consultations were held with trade unions, employers and State governments and tripartite consultations were held on 10th March, 2015 and 13th April, 2015. A draft of Wage Code was made available in public domain through Ministry’s website. Many persons gave their valuable suggestions. The Bill was introduced in last Lok Sabha on 10 August, 2017 and was referred to Parliamentary Standing Committee which submitted its Report on 18th December 2018. Out of 24 recommendations made by standing committee, 17 were accepted by government.
He further said that the Code ensures minimum wages along with timely payment of wages to all the employees and workers. Many unorganized sector workers like agricultural workers, painters, persons working in restaurants and dhabas, chowkidars etc. who were out of the ambit of minimum wages will get legislative protection of minimum wages after the bill becomes an Act. It has been ensured in the bill that employees getting monthly salary shall get the salary by 7th of next month, those working on weekly basis shall get the salary on last day of the week and daily wagers should get it on the same day.
He expressed hope that The Code on Wages will prove to be a milestone and give respectable life to 50 crore unorganized sector workers. The Minister responded to the debate in detail and thanked all the respected members for cooperation in passing the Bill.
The salient features of the Code are as following:
• The Code on Wage universalizes the provisions of minimum wages and timely payment of wages to all employees irrespective of the sector and wage ceiling. At present, the provisions of both Minimum Wages Act and Payment of Wages Act apply on workers below a particular wage ceiling working in Scheduled Employments only. This would ensure “Right to Sustenance” for every worker and intends to increase the legislative protection of minimum wage from existing about 40% to 100% workforce. This would ensure that every worker gets minimum wage which will also be accompanied by increase in the purchasing power of the worker thereby giving fillip to growth in the economy. Introduction of statutory Floor Wage to be computed based on minimum living conditions, will extend qualitative living conditions across the country to about 50 crore workers. It is envisaged that the states to notify payment of wages to the workers through digital mode.
• There are 12 definitions of wages in the different Labour Laws leading to litigation besides difficulty in its implementation. The definition has been simplified and is expected to reduce litigation and will entail at lesser cost of compliance for an employer. An establishment will also be benefited as the number of registers, returns, forms etc., not only can be electronically filed and maintained, but it is envisaged that through rules, not more than one template will be prescribed.
• At present, many of the states have multiple minimum wages. Through Code on Wages, the methodology to fix the minimum wages has been simplified and rationalised by doing away with type of employment as one of the criteria for fixation of minimum wage. The minimum wage fixation would primarily based on geography and skills. It will substantially reduce the number of minimum wages in the country from existing more than 2000 rates of minimum wages.
• Many changes have been introduced in the inspection regimes including web based randomised computerised inspection scheme, jurisdiction-free inspections, calling of information electronically for inspection, composition of fines etc. All these changes will be conducive for enforcement of labour laws with transparency and accountability.
• There were instances that due to smaller limitation period, the claims of the workers could not be raised. To protect the interest of the workers, the limitation period has been raised to 3 years and made uniform for filing claims for minimum wages, bonus, equal remuneration etc., as against existing varying period between 6 months to 2 years.
• It can be said that a historical step for ensuring statutory protection for minimum wage and timely payment of wage to 50 crore worker in the country has been taken through the Code on Wages besides promoting ease of living and ease of doing business.
PIB press release dated 29th March, 2018
EPFO has launched the pensioner’s portal https://mis.epfindia.gov.in/PensionPaymentEnquiry. The pensioner’s portal is recently launched service, available at EPFO website by which all EPFO pensioners may get the details of pension related information like Pension payment order number, Pensioner’s Payment Order details, Pensioner’s passbook information & other related information such as date of credit of pension, submission of pensioner’s life certificate etc.
It is helpful to know the status of their life certificate, in case of non-submission/rejection of life certificate of the pensioners. It also provides the details and the reason of stoppage of pension.
Track e KYC:
The enhanced “Track eKYC” facility for the convenience of members have been launched to check the status of Aadhaar seeded against their UAN and to figure out the specific mismatch details.
The facility has been made available at EPFO’s website http://www.epfindia.gov.in >> Online Services >> e-KYC Portal>> TRACK eKYC.
Using the facility, EPFO members can online track the status of Aadhaar seeded against his/ her UAN. While using the facility, the member will have to provide his/her UAN. After entering his/ her UAN the member can click the “Track eKYC” button and the exact status in respect of his/her UAN will be displayed on the screen.
The Maharashtra government on Wednesday has made changes to its Factories Act 1948 that will allow women to work in night shifts in factories, and also give freedom to factories to decide on overtime for its workers without approaching the state for sanction.
Maharashtra chief minister Devendra Fadnavis said that even the Bombay High Court had earlier said that the decision to bar women from doing night shifts was unconstitutional and biased. “While allowing companies to allow women ..
The Rajya Sabha on Tuesday passed by voice vote the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Amendment Bill, 2011 amid walkout by the CPI(M), the CPI, the Janata Dal (United) and the Trinamool Congress members.
These parties were opposed to some of the provisions of the Bill. The CPI, the CPI(M) and the TMC members moved certain amendments which were not carried.
Labour unions affiliated to these parties announced a countrywide protest on December 5 against the amendments on the ground that a large number of units will no longer be regulated for maintaining registers of attendance, wage slips of workers.
Moving the amended Bill, Minister of State for Labour and Employment Bandaru Dattatreya on Tuesday assured the Rajya Sabha that the government was “not at all” compromising on the interest of workers and the legislation was not meant to give exemption to any establishment. “The Bill is a social security measure. It simplifies procedures. The main purpose of bringing the Bill is transparency, accountability and proper enforcement. The EPF Universal Account Number will be a major benefit as it affords portability, transparency and efficiency,” he said.
The Bill, as amended, proposes to change the original Act of 1988 to increase the number of laws under which small establishments are exempt from furnishing returns and maintaining registers from nine to 16. It amends the definition of “small” establishments to cover units employing between 10 to 40 workers as against the limit of 19 workers at present.
The seven Acts that are added to the list include the Motor Transport Workers Act, 1961, the Payment of Bonus Act, 1965, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. It will allow firms to maintain returns filed on electronic media. The Apprentices Act (Amendment) Bill, which too relates to labour laws, was introduced in the House soon after. It will come up for discussion on Tuesday.
The Bill proposes changes to the Apprentices Act, 1961 to allow an establishment operating in four or more States to be regulated by the Central government so that those establishments may no longer have to approach various State governments for employing apprentices.
A Bill seeking to remove imprisonment as punishment for violating the provisions of the Apprentices Act, 1961 and allowing employers to fix the hours of work and leave as per their discretion or policy was passed by the Rajya Sabha on Wednesday.
The Apprentices (Amendment) Bill, 2014 was passed by voice vote with a majority of speakers favouring the legislation, saying it is aimed at enhancing the skills of youth and make them employable.
It had been passed by the Lok Sabha in the last session.
Some members, however, had reservations saying certain provisions in the Bill are “draconian” as employers have been given full powers to deal with apprentices in any manner.
Replying to the debate, Labour Minister Bandaru Dattatreya said the Bill was being brought to implement the Apprenticeship Policy by March 2015 which would help impart skills to youths and make them employable.
He said the government had brought the policy keeping transparency in view and it would involve all stakeholders.
Earlier, Satish Chandra Misra (BSP) said the government should not give so much power to the employers to deal with apprentices. “Don’t make such provisions which are draconian or do away with the penal provisions,” he said.
Naresh Agarwal (SP) and CPI(M) members Tapan Sen and P. Rajeeve also made some observations on providing protection to apprentices and said the penalty of Rs. 500 was not adequate deterrent for employers on violating the Act.
The Bill seeks to amend certain definitions, increases the minimum age for apprentices in hazardous industries and removes imprisonment as a punishment for violating the provisions of the Act.