Central

Clarification Towards Status Of Re-Entrant Employees With Regard To Their Benefit Period, Maternity Benefit

As per ESIC circular dated 20th March 2018, The ESIC has clarified that the person who was already been an employee but has ceased to be an employee either due to his/her wages going above the coverage limit or due to any other reason, once re-enters as an employee for the second time, the benefits for the employee would henceforth be governed by the general contribution and benefit periods mentioned in Regulation 4 of the ESI (General) Regulations 1950, than the current system of the person not becoming an employee within the meaning of the Act for the first time and therefore making the employee to complete the stipulated nine months period again to start benefit period to become eligible for Benefits under the Act. ESIC also while examining the matter towards a previous notification dated 17th Dec 2008 on eligibility conditions for maternity benefit wherein it was mentioned that "the claim of re-entered Insured Woman may be settled in the same manner as that of Newly Insured Women", wherein she would have to complete a period of 9 months again to start her benefit period. Due to this many rightly payable maternity benefit claims were rejected. Hence the ESIC has now withdrawn the earlier notification and has clarified that re-entrant employees are to be governed by the general contribution and benefit periods, provided they have completed a period of 9 months once when they became an employee within the meaning of the Act for the first time. The current system to complete the stipulated nine months period again from the date of re-entrant to avail Maternity benefit under the Act stands withdrawn. Hereby it is also clarified that to work out the entitlement of maternity benefit, two consecutive Contribution period to be taken immediately prior to the actual or expected date of confinement. Taking both the Contribution period together. if the contribution was payable for not less than 70 days, the insured woman would be eligible. Even if she satisfies this contributory condition in one or the other of the said two contribution periods, she shall be entitled for maternity benefits

Central

The Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018

As per the notification published in the official gazette dated 16th March 2018, the Government of India has amended the schedule under the Industrial Employment (Standing Orders) Act, 1946 and various provisions towards the Industrial Employment (Standing Orders) Central Rules, 1946. As per the amendment "Fixed Term Employment" has now been introduced irrespective of the industry of work. The amendment also directs that no employer of an industrial establishment shall convert the posts of the permanent workmen existing in his industrial establishment on the date of commencement of the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 as fixed term employment thereafter. The hours of work, wages, allowances shall not be less than that of permanent workman and all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute. The schedules under the Rule have also been amended to incorporate the changes

Tamil Nadu

The Tamil Nadu Minimum Wages Notification (April 2018)

The Government of Tamil Nadu vide Notification Z3/10039/2018 has released the Minimum Wages effective from 1st April 2018

Goa

The Goa Minimum Wages Notification (Apr 2018)

As per notification number CLE/PA/MWA-VDA/(10)/2016/1486, Government of Goa has released Minimum Wages for the state of Goa effective 1st April 2018

Tamil Nadu

The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018 Effective Date Released

As per notification published in the official gazette dated 30th January 2018, the Government of Tamil Nadu had 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. As per notification published in the Tamil Nadu official gazette dated 14th March 2018, the Tamil Nadu Government has appointed 14th march 2018 as the date on which the Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018 shall come into force

Uttar Pradesh

The Uttar Pradesh Factories (Seventy Third Amendment) Rules, 2018

As per notification number 90/XXXVI-3-2018-83 (Sa)-17 dated 13th March 2018, the Uttar Pradesh government has amended the Uttar Pradesh Factories Rules, 1950 to make following significant changes: (i) Under Rule 3 - Approval of plans may be obtained by making application online accompanied by Form 1, Form 2 and Form 4; under this rules Certificate of stability in Form 2 delivered online to Chief Inspector and accepted by him needs to be obtained to start or carry on manufacturing process ; (iii) Rule 6 which required the occupier to submit application for registration fifteen days before occupancy along with Form 4 notice of occupation, has been omitted; (iv) Under Rule 7 and 9 - The License may be granted or renewed for upto ten years at a time on payment of requisite fee; (v) Rule 14 C- Notice of Occupation shall be in Form 4 only and earlier Form 4-B option has not been mentioned in the new amendment. (vi) A new Format of Form 4 Notice of occupation has been introduced replacing old Form 4

Uttarakhand

The Uttarakhand Minimum Wages Notification (Apr 2018)

As per notification number 973/4-01/13, Government of Uttarakhand has released Minimum Wages for the state of Uttarakhand effective 1st April 2018

Central

EPFO Exempts Submission Of Aadhar As Identity Document Under EPS In Assam Till 31st March 2018

As per EPFO circular dated 6th March 2018, the EPFO in furtherance to previous circulars released on the matter has cited that difficulties are being faced by the pensioners and members of Employees' Pension Scheme, 1995 in the State of Assam and EPFO has decided that Aadhar may not be insisted from new members who join EPS 1995 till 31st March 2018. Aadhar may also not be insisted for composite pension claim form for members working in establishment located in the State of Assam till 31st March 2018

Tamil Nadu

Tamil Nadu Factories Rules Amendment Introducing Compliance Through Online Portal And Extension Of Registration And Renewal Upto Ten Years

As per notification published in the Tamil Nadu Official Gazette dated 28th February 2018, the Government of Tamil Nadu has amended the Tamil Nadu Factories Rules, 1950. Following are the changes towards the amendment: (1) Compliances can be now done online by submitting relevant Forms as per the Rule such as (i) Approval Of Site, (ii) Construction Or Extension Of A Factory, (iii) Registration And Grant Of Licence, (iv) Renewal Of Registration,(v) Amendment Of Licence, (vi)Annual Returns and (vii) Half Yearly Returns, (2) The registration and renewal of the factory license can be made for ten years consecutively now from the earlier tenure of five years and (3) Annual Return Form 22 has been amended with relevant changes. The above amendments have been made available online through the portal of Directorate of Industrial Safety and Health: https://dish.tn.gov.in/. The Government Of Tamil Nadu has brought considerable changes towards ease of making compliances digital and thereby reducing time and cost for the companies

Central

PF Settlement And Claims Through Online Mode Now Made Mandatory For Certain Cases

As per circular dated 27th February 2018, the EPFO has directed that in case the amount of claim settlement is above Rupees Ten lakhs for PF claims and Rupees Five lakhs in respect of the EPS withdrawal claims, the claim form must be accepted through online mode only. The bank account of such PF members should have been seeded and verified in the system before settling such claims. Accordingly, all claims exceeding the above limits should not be accepted in the physical form. Hence the EPFO is pushing for ease of compliance digitally for all large settlements as mentioned above which will be error free and save time for the members