Labour Law Gazette Notifications

Central

Ease Of Compliance To Maintain Registers Under Various Labour Law Rules, 2017

As per Central Government Gazette Notification No. G.S.R 154 (E), the Labour Department has issued Ease of Compliance to Maintain Registers under various Labour Law Rules, 2017 for the purpose of maintaining combined registers for all mentioned labour laws and to make references of registers provided under different labour related laws simple. The combined registers need to be maintained either electronically or by other means. On Inspection by the concerned Inspector under any of the labour laws mentioned, the combined registers shall be made available or the information to access the register should be provided. If the register is maintained in electronic form, then, layout and presentation of the register may be adjusted without changing the integrity, serial number and contents of the columns of the register, but not otherwise. Given below are the laws which are getting affected (i) Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; (ii) Contract Labour (Regulation and Abolition) Act, 1970 ; (iii) Equal Remuneration Act, 1976 ; (iv) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; (v) Mines Act, 1952; (vi) Minimum Wages Act, 1948; (vii) Payment of Wages Act, 1936; (viii) Sales Promotion Employees (Conditions of Service) Act, 1976; and (ix) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

Central

Introduction Of Composite Claim Forms (Aadhar and Non-Aadhar)

The Employees Provident Fund Organisation vide notification No: Manual/Amendment/2011/Pt/31792 has modified the order no. WSU/10(1)2011/Changes in MAP/34106 dated 1st December 2015 which prescribed Form No.19(UAN), Form No.10C(UAN), Form No.31(UAN) for all employees. As per new notification a Composite Claim Form (Aadhar and Non Aadhar) can now be submitted, replacing the existing Forms to respective jurisdictional EPFO office, without attestation of employers for Aadhar holders and with the attestation of employers for Non-Aadhar holders. The submission of both these new forms can be made with self-certification of EPF subscribers in place of various certificates prescribed. (For the partial withdrawals details mentioned as per the notification, the submission of Composite Claim Form (Aadhar) or Composite Claim Form (Non-Aadhar) duly signed by the EPF subscriber shall be deemed self-certification, and no document would be required to be submitted)

Central

Reduced Rate Of Contribution Applicable To Newly Implemented Areas Under ESIC

As per amendment to the Employee State Insurance (Central) Rules, 1950 vide Labour department notification G.S.R. 959 €, whereas for areas in which ESI Act was newly implemented the rate of contribution was reduced for employer to 3% and for employee to 1%. For further clarification, the Labour department has released the notification No. P-11/12/Misc./01/2016-Rev.II which requires that employers who are newly registered in areas in which ESI Act was newly implemented between 01.04.2016 and 05.10.2016, have to pay full contribution from date of registration or implementation till 05.10.2016. Thereafter from 06.10.2016, employers shall pay contribution at reduced rate (for employer to 3% and for employee to 1%) for a period of two years with effect from 06.10.2016

Kerala

The Kerala Minimum Wages Notification (Dec 2016)

Government of Kerala, Labour and Skills (E) Department has revised the minimum rates of wages for employment in Shops and Commercial Establishment vide G.O.(P) No.196/2016/LBR, dated 21-12-2016 with no changes to rates of Minimum Wages for Computer Software Sector vide G.O.(MS) No. 111/2011/LBR. dated 09-08-2011. 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 2016 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act

Maharashtra

The Maharashtra Minimum Wages Notification (Jan 2017)

Government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective 1st January 2017

Meghalaya

The Meghalaya Minimum Wages Notification (Oct 2016)

As per notification number No. LBG 75/2012/259, Minimum Wages released for the state of Meghalaya effective 1st Oct 2016

Central

Additional Compliance For Principal Employer With Reference To Employees Engaged By Or Through Contractors

The Employees Provident Fund Organisation vide Notification no. CAIU/011(33)2015/HQ/Vol.II/28445 dated 2nd February 2017, where the the Principal employer should ensure that the contractor is registered with EPFO before awarding any Contract. After award of the contract, the contractor details should be entered in the EPFO portal. Payments due to the contractor should be made only after verifying that the statutory PF payments have been made to EPFO. This can be verified either directly from the EPFO portal or insisting on a payment receipt obtained by the contractor from the EPFO portal while making payment. If the contractors are having separate PF code number, the overall responsibility of ensuring the compliance under the EPF & MP Act, 1952 for the employees working through the contractors by deposit of the dues with the EPFO regularly, rests with the Principal employer. Principal employer can also deduct EPF dues from the contractors' bill and deposit the same either against the contractors' code number or their own code number

West Bengal

The West Bengal Minimum Wages Notification (Jan 2017)

Government of West Bengal as per notification No.149/703/stat/2RW/29/2016/LCS/JLC, has released the minimum rates of wages effective 1st Jan 2017

Central

ESIC Amendment Towards Maternity Benefit Period Provided For The Insured Woman

As per Notification No G.S.R. 62(E) Rule 6A of Employees State Insurance (Central) Rules, 1950, defines Insured Woman which covers a commissioning mother who as a biological mother wishes to have a child and prefers to get embryo implanted in any other woman and a woman who legally adopts a child upto three months of age. Rule 56 has also been amended to now provide that insured woman shall be entitled to receive the maternity benefit at a daily rate for a period of twenty six weeks, out of which the leaves are not taken for a period which is more than eight weeks before the confinement date, earlier the total period of leaves was twelve weeks and the leaves could not be taken from a date more than six weeks prior to confinement date. Insured woman covered under the Act who is delivering the baby shall be entitled to twelve weeks of maternity benefit from the date she hands child over to commissioning mother or adopting mother. Insured woman having two or more surviving children shall be entitled to maternity benefit of twelve weeks out of which the leaves cannot not be taken from a date more than six weeks prior to confinement date

Andhra Pradesh

The Andhra Pradesh (Issuance Of Integrated Registration And Extent And Furnishing Of Combined Returns Under Commencement Various Labour Laws By Certain Establishments) Act, 2015

As per the Andhra Pradesh (Issuance of Integrated Registration and Furnishing of Combined Returns under various Labour Laws by certain Establishments) Act, 2015, Employer shall compulsorily submit consolidated return in Form B and this consolidated return replaces the return previously required to be filed under The Andhra Pradesh Minimum Wages Rules in Form III and the Andhra Pradesh Contract Labour Rules in Form XXV. Consolidated Annual returns filed for the year ending 31st March should be submitted online by 30th June every year, instead of the previous requirement to file annual returns by 31st January & 15th February respectively