Labour Law Gazette Notifications
Released Date: 21st Feb, 2018
Kerala
The Kerala Minimum Wages Notification (Dec 2017)
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.1/2017/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 2017 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act
Released Date: 15th Feb, 2018
Central
The Employees Deposit Linked Insurance (Amendment) Scheme, 2018
As per the Employees Deposit Linked Insurance (Amendment) Scheme, 2018 published in the gazette dated 15th February 2018, the Central Government has amended the Employees’ Deposit Linked Insurance Scheme, 1976 and has brought important amendments whereby the assurance benefits shall not be less than two lakhs and fifty thousand rupees and further that the assurance benefit shall not exceed six lakhs under para 22 (3). The said changes shall be in force for a period of two years from 15th February 2018. For example, as per Para 22 (3) the calculation will be as follows: Assuming the average monthly wages drawn to be INR 15,000, during the twelve months preceding the month in which he died and multiplying this sum by thirty times, it equals INR 4,50,000. Plus fifty per cent. of the average balance in the account of the deceased in the Fund or of a provident fund exempted under section 17 of the Act or under paragraph 27 or 27A of the Employees’ Provident Funds Scheme, 1952, as the case may be, during the preceding twelve months or during the period of his membership, whichever is less subject to a ceiling of one lakh and fifty thousand rupees (assuming in this example, the average balance is above 300000), it will be INR 1,50,000. Thus, Total Assurance benefit (maximum possible) INR 6,00,000 (4,50,000 + 1,50,000). The Minimum assurance benefit irrespective of the average salary of the deceased employee along with all the accumulations and calculations made under Paragraph 22 (3) shall be awarded at INR 2,50,000. This means that no matter the sum amounting after calculation, assurance benefit of INR 2,50,000 minimum is guaranteed
Effective Date: 15th Feb, 2018
Released Date: 9th Feb, 2018
Central
The Apprentices (Maharashtra Amendment) Act, 2017
As per notification published in the official gazette dated 9th February 2018, the Government of Maharashtra has issued Apprentices (Maharashtra Amendment) Act, 2017 (“Amendment Act”) on 9th February, 2018 amending Apprentices Act, 1961 (“Principal Act”), in its application to the State of Maharashtra. The amendments have been made towards the Section 6 (Period of apprenticeship training), Section 7(Termination of apprenticeship contract), Section 8(Number of apprentices for a designated trade and optional trade), Section 13(Payment to apprentices) and Section 21(Holding of test and grant of certificate and conclusion of training). The State Government shall by separate notification release the effective dates for said amendments
Effective Date: 9th Feb, 2018
Released Date: 6th Feb, 2018
Maharashtra
The Maharashtra Minimum Wages Notification (Jan 2018)
Government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective 1st January 2018 which will be valid till 30th June 2018
Effective Date: 1st Jan, 2018
Released Date: 30th Jan, 2018
Tamil Nadu
The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018
As per notification published in the official gazette dated 30th January 2018, the Government of Tamil Nadu has amended The Tamil Nadu Labour Welfare Fund Act, 1972. Currently the Act defines that a person who being employed in a supervisory capacity earning wages exceeding three thousand and five hundred rupees per mensem would be excluded from the coverage of the Act. The amendment now states that any person in a supervisory capacity drawing wages exceeding fifteen thousand rupees per mensem will be excluded from the coverage of the Act. The State Government shall by separate notification release the effective dates for the Act
Effective Date: 30th Jan, 2018
Released Date: 29th Jan, 2018
Uttar Pradesh
The Factories (Uttar Pradesh Amendment) Act, 2017
As per notification published in the official gazette dated 29th January 2018, the Uttar Pradesh government has amended the Factories Act, 1948 to make following significant changes: (i) Under Section 2 (m) - Applicability - It has been increased from ten or more workmen to twenty or more workmen with aid of power and from twenty or more workmen to forty or more workmen without aid of power. (ii) Under Section 64 with reference to State Governments power to make rule, the provision for a total number of overtime for one quarter has been increased from fifty hours to one hundred hours, which will be subject to State Government framing such rule (iii) Under Section 65 with reference to State Government power to grant exemption, the provision for some factories to work for Overtime exceeding normal overtime in a quarter has been increased from earlier maximum limit of seventy-five hours to one hundred and fifteen hours (iv) Under Section 66, Restriction of employment of women - A new proviso has been added empowering State Government to grant employment of any woman between hours of 7 p.m. and 6 a.m. by way of releasing a notification mentioning therein the provisions for the safety and facilities to be given to woman employees
Effective Date: 29th Jan, 2018
Released Date: 29th Jan, 2018
Uttar Pradesh
The Payment Of Wages (Uttar Pradesh Amendment) Act, 2017
As per notification published in the official gazette dated 29th January 2018, the Uttar Pradesh government has amended the Payment of Wages Act, 1936 to make following significant changes: (1) Section 6 - Wage Payments, wherein the employer of industrial or any other establishment shall pay wages to his employees through Bank Cheque or National Electronic Fund Transfer (NEFT) or Electronic Clearing Service System (ECS) into the bank account. Cash payments are allowed only if the work of the employed person is of temporary, casual or fixed term then on his written consent and and on a submission of a copy of his self attested aadhar card, the employer can make cash payment of wages for not more than five thousand once in three months for such employee. (2) Insertion of new Section 20 A - Compounding of offence has been introduced
Effective Date: 29th Jan, 2018
Released Date: 29th Jan, 2018
Uttar Pradesh
The Contract Labour (Regulation And Abolition) (Uttar Pradesh Amendment) Act, 2017
As per notification published in the Uttar Pradesh Official Gazette dated 29th January 2018, the Uttar Pradesh Government has amended the Contract Labour (Regulation and Abolition) Act 1970. The major changes which will only be applicable to Uttar Pradesh are as follows: (1) The applicability of the Act has been increased from 20 employees to 50 employees. (2) The registering officer has to revert within one day on registration application status, if officer fails to make any order then the registration is deemed granted. (3) The licensing officer has to revert within one day on contract labour license application status, if officer fails to make any order then the license is deemed granted. (4) Compounding of offences has been introduced
Effective Date: 29th Jan, 2018
Released Date: 25th Jan, 2018
Central
Return Of Ownership And Amendment Towards PF Registration Now Made Online
As per EPFO circular dated 25th January 2018, that every employer in relation to a factory or other establishment to which the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 applies, shall furnish online/electronically in Form No. 5A, particulars of all branches and departments, owners, occupiers, Directors, Partners, Manager or any other person or persons who have the ultimate control over the affairs of such factory or establishment and also furnish details of changes in such particulars within 15 days of such change. E-sign facility has been provided to the employers for online submission of Form No. 5A. EPFO or PF Office have also stated that Offline/Physical submission of Form No. 5A stands discontinued. Details for online submission of Form No. 5A are available on the website of the EPFO (Employees' Provident Fund Organization). EPFO or PF Field offices have also been directed to not ask hard copies in case of submission of form 5A with digital/e-signatures by employers
Effective Date: 25th Jan, 2018
Released Date: 20th Jan, 2018
Kerala
The Kerala Minimum Wages Notification (Oct 2018)
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.1/2018/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 October 2018 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act
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