Labour Law Gazette Notifications

Central

EPFO Enables Filing Of ECR By An Employer Without Simultaneous Payment Of PF Contributions

The Ministry of Labour & Employment has informed about the EPFO making filing of ECR easier for businesses. The ECR can now onwards be filed by an employer without the need of simultaneous payment of contributions and contributions may be paid later by the employer after filing the ECR. The above change will entail convenience to the employers as well as the employees covered under the Act and schemes. Filing of ECR by the employer in time is indicative of employers intent to comply, will not, therefore, attract penal consequences, if the dues are paid within the extended time as announced by the government. Filing of ECR in time shall help in credit of employers and employee share of contributions, totalling 24% of wages by Central Government in EPF accounts of low wage earners in establishments eligible under Pradhan Mantri Garib Kalyan Yojana package. Please refer the press release for more details

Maharashtra

Exemption From Payment Of Late Fee Under Maharashtra State Tax On Professions, Trades, Callings And Employments Act, 1975

The Government of Maharashtra, Office of the Commissioner of Professional Tax vide trade circular No.6T of 2020, has informed that the due date of filing of returns without payment of late fee payable has been extended. The Monthly or Annual returns pertaining to period upto March 2020 and monthly period of April 2020 has been exempted subject to the below conditions. (i) Any amount payable (tax + interest) as per return should have been or shall be paid on or before the filing of returns. (ii) The employers should submit the returns pertaining to the period upto April 2020, on or before 31st May 2020. Any employer who has not fulfilled the conditions or has submitted false information to avail the benefit of exemption then, exemption of late fee shall be revoked and action will be taken against such employer

Haryana

Extension Of Working Hours For Factories In Haryana

Government of Haryana vide notification No.2/17/2020-2lab has exempted all factories registered under The Factories Act, 1948 in the state from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours). This will be subject to aforesaid conditions, (1) The total number of working hour in a day shall not exceed twelve subject to conditions stipulated under section 65(3) of the Factories Act 1948. (2) The exemption will not provide any immunity from any other section or rules of this Act or any other state/central government legislation (3) This exemption will be valid till 30th June 2020 (4) The wages for the overtime period will be paid as per section 59 of the Factories Act, 1948 (5) The instruction issued by Government of India and Government of Haryana from time to time regarding COVID-19 including social distancing sanitisation shall be strictly followed. Hence, employers having their factories in the state of Haryana registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wage

Uttarakhand

Extension Of Working Hours For Factories In Uttarakhand

Government of Uttarakhand vide notification no.No./VII/20-91/2008-1 has exempted all factories registered under The Factories Act, 1948 in the state from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) with effect from 21st April 2020 to 20th July 2020 subject to aforesaid conditions,(1) The Factories may function in two shifts at 11 hours each with one hour break between the said two shifts. Thereby allowing 3 hours of overtime for which the overtime wages shall be paid accordingly (2) The Workers engaged in the shifts as stated above shall not be engaged for more than 6 days in a week and the overtime shall be limited 18 hours per week (3) The notification shall be applicable only to the industrial establishments which have been allowed by the State Government/District Administration to function during the lockdown (4) The instruction issued by the State Government/District Administration regarding COVID-19 including social distancing, sanitisation, along with various safety provisions prescribed in the Factories Act shall be strictly followed. (5) The notification shall be valid for 3 months from the date of its publication. (6) Ministry of Home Affair (MHA) order no. 40-3/2020-DM-IA dated 15th April 2020 annexed with consolidated revised guidelines along with the National Directives for COVID-19 management and standard operating Procedures (SOP) for social distancing and hygiene measures to be followed by officer, workplace, factories and another establishment has to to be adhered to. Hence, employers having their factories in the state of Uttarakhand registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wages

Madhya Pradesh

Extension Of Working Hours For Factories In Madhya Pradesh

Government of Madhya Pradesh vide notification no.247-2020-A-XVI has exempted all factories registered under the Factories Act, 1948 with effect from 20th April 2020 for three months in the state from Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) provided as per clause (iii) (iv) of sub-clause (3) (a) of Section 65 under following conditions: (1) No adult workers shall be allowed or required to work in a factory for more than twelve hours in any day and seventy-two hours in a week (2) The period of an adult worker in a factory each day shall be fixed that no person exceed six hours and that no workers shall work for more than six hours and that no workers shall work for more than six hours before he has had an interval for rest of at least thirty minutes (3) Overtime wages shall be paid as per Section 59 of the Factories Act, 1948. Hence, employers having their factories in the state of Madhya Pradesh registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wages

Gujarat

The Gujarat Minimum Wages Notification (Apr 2020)

Government of Gujarat has released the revised Minimum Wages dearness allowance for the State of Gujarat effective 1st April 2020

Goa

The Goa Minimum Wage Notification (April 2020)

The Government of Goa vide Notification No. CLE/PA/MWA-VDA/(10)/2016/969 has released the Minimum Wages variable dearness allowance effective from 1st April 2020

Himachal Pradesh

Extension Of Working Hours For Factories In Himachal Pradesh

Government of Himachal Pradesh vide notification no.Shram(A)4-3/2017 has exempted all factories registered under The Factories Act, 1948 in the state from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) with effect from 21st April 2020 to 20th July 2020 subject to aforesaid conditions, (1) No Adult workers shall be allowed or required to work in the factory more than twelve hours in a day and seventy-two hours in a week (2) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no workers shall work for more than six hours before he had an interval for rest at least half an hour (3) Wages in respect of increased working hour as a result of this exemption shall be in proportion to the existing Minimum Wage fixed by the Government of Himachal Pradesh under Minimum Wage Act 1948 (4) Provision of the Over Time under section 59 of the Act shall continue to apply without any change. Hence, employers having their factories in the state of Himachal Pradesh registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wages

Punjab

Government Of Punjab Extends Working Hours For Factories For Three Months

Government of Punjab, Labour department vide notification dated 20th April 2020, in exercise of powers conferred under Section 65 of the Factories Act 1948, has exempted factories for three months from certain provisions of the Act. As per the notification the regular working hours of Nine hours per day as per Section 54 of the Act and allow the working of maximum twelve hours per day for all factories permitted to operate in the State of Punjab. Spread over hours shall not exceed thirteen hours in one day instead of a maximum of ten and half hours as provided under Section 56 of the Act. The workers shall be provided wages at the rate of twice the ordinary rate of wages as provided for overtime under Section 59 of the Act. All precautionary measures advised by the Government for sanitization and principles of social distancing and less contact shall be strictly adhered to. Please refer to the notification for more details

Maharashtra

Extension Of Consolidated Annual Return Under Various Labour Laws Due To COVID-19 In Maharashtra

Government of Maharashtra, Department of Labour has extended the deadline for employers who have registered for filing Self-Certification-cum-Consolidated Annual Returns under The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2017 and various labour acts, to 31st July 2020 as many establishments could not file their annual returns for the year 2019 due to the outbreak of COVID 19