Labour Law Gazette Notifications
Central
Process Of Registration For EPFO And ESIC Through MCA Portal Under Ease Of Doing Business
The Ministry of Labour & Employment vide press release notified that the reform has been completed by making the registration of new Public, Private Limited Companies and One Person Company for ESIC and EPFO mandatory on Ministry of Corporate Affairs Portal through the Spice+ and AGILE-PRO eforms w.e.f., 15th February 2020. Registration for ESIC and EPFO for new companies as above has been stopped on Shram Suvidha Portal from 15th February 2020. A message to this effect is displayed on the Shram Suvidha Portal and the website of Ministry of Labour and Employment www.labour.gov.in. Please refer to the notification for detailed information
Kerala
The Kerala Minimum Wages Notification (Jan 2020)
Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.P3.Pdl.1/2020/DES, the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of January 2020 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act
Karnataka
Paid Leave For Employees Infected By Corona Virus In Karnataka
The Government of Karnataka vide notification No 170, towards prevention of spreading of Corona virus in Karnataka, has instructed Labour department to take necessary action. Since there is a need for leaves for infected employees, if any, the concerned employees who are covered under ESI should obtain declaration from ESI Hospital and submit to the employer to avail twenty eight days of leave with wages. Those employees who are not covered under ESI shall avail leave for twenty-eight days of paid sick leave along with other leaves as per Section 15(3) of Karnataka Shops And Establishment Act 1961. Please read the notification for detailed information
Central
EPFO Amendment On Restoration To Normal Pension In cases Of Commutation
EPFO vide circular no G.S.R.132 E has amended Employees' Pension Scheme, 1995 whereby normal pension in respect of those members who availed the benefit of commutation on or before the 25th day of September, 2008 shall be restored after completion of fifteen years from the date of such commutation
Central
EPFO Circular On Guidelines For Initiation Of Inquiries Under Section 7A
EPFO vide circular no.C-II/20/76/Misc./2020/CBE/TN/027 has released guidelines for initiation of inquiries under Section 7A of the Employees Provident Fund And Miscellaneous Provisions Act, 1952. As per the circular, inquiry shall not be initiated for any purpose extraneous to the statutory mandate of Section 7A i.e. dispute of applicability or determination of dues. The minimum standard of evidence for commencement of any legal proceeding is existence of a prima-facie case and the same applies to proceedings u/s 7A as well. A mere complaint in itself doesn't constitute a prima-facie case evidence. Any complaint is required to be investigated by a Enforcement Officer Under Section 13(1) of the Act and substantiated on the basis of admissible evidence gathered during investigation. Once an inquiry is initiated for specific reasons and period, the scope thereof cannot be extended beyond the fact-in -issue. The reasons for initiation of inquiry must be recorded in writing and copy of the all the documents shall be supplied to the necessary parties along with the notice with the case number under Section 7A. Please refer to the notification for further details
Kerala
The Kerala Minimum Wages Notification (Dec 2019)
Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.P3.Pdl.1/2020/DES, the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of December 2019 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act
Maharashtra
The Maharashtra Minimum Wages VDA Notification (Jan 2020)
Government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective 1st January 2020 which will be valid till 30th June 2020
Karnataka
The Karnataka Minimum Wages Notification (April 2020)
The Government of Karnataka vide notification no.DES/SIP/PWX/07/2020 has released the enhanced consumer price index for 2019 for calculating the variable dearness allowance effective 1st April 2020 to 31st March 2021. Government of Karnataka has released the Consumer price index which would be used to arrive at the variable dearness allowance as part of the Minimum Wages. Since the gazette copy of the same is not published yet, the minimum wage may be calculated as per the CPI points released. A revised notification towards this may be released based on the receipt of Gazette copy of the final minimum wages as released by the Government of Karnataka
Maharashtra
Concession To Exercise Voting Right In the State Of Maharashtra On The Occasion Of Bye Election Day
State election Commission vide letter No. SEC /NP-2019/PK – 14/Ka.6 dated 23.1.19 has declared election on 6th February 2020. In view of this, Government Of Maharashtra, Industry, Energy and Labour Division vide circular has directed owners of all the establishments, factories, shops, etc. coming under the Industry, Energy and Labour Department like establishment of private companies, all shops and other establishments, residential hotels, eating houses, other houses, theaters, businesses, industrial activities or other establishments as well as Information and technology companies, shopping centers, malls, retailers, etc. to give a minimum two hours off to all workers / officers / employees who are eligible voters in the electoral polling area to exercise their voting rights. Please go through the notification for detailed information
Central
ESIC Circular On Clarification Regarding Inspection Of Records Beyond Five Years
ESIC vide circular no.P-11/12/11/04/2018 Rev.II has issued clarification regarding checking of records beyond five year period for conducting test inspections and other inspections. As per the circular, ESIC has instructed the SSO not ask for any records beyond five years from the employer for inspection marked through SSP/Hqrs as the contribution cannot be determined for the period beyond five years. Please refer to the circular for detailed information
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