Brick HR

Odissa Professional Tax - SOP

INTRODUCTION The concept of workman is central to the concept of an industrial dispute as an industrial dispute can be raised either by a "workman" or an "employer." Since the Industrial Disputes Act, 1947 ( "ID Act" ) is a piece of beneficial legislation, the courts have enlarged the scope and applicability of this Act by giving wide interpretation to the term "workman." Section 2(s) defines workman as any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work , for hire or reward , terms of employment be express or implied and includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of dispute . It excludes persons employed in army/Navy/Air Force/Police and those employed in mainly managerial or administrative, supervisory capacity and drawing wages of more than INR 6500. The Courts have

Whereas the draft rule under ESIC published on 1st April-2017, in which ESIC proposed to change last payment due date of ESIC Contributions, required to replace with "before 15th of every month in wages dues falls" in place of "before 21st of the month in which wages dues falls" as well as sets 30 days for observation of Objection with valid reason form employers, if any. Now after the rule changed as per amendment ESIC contribution shall be payable before and on 15th instead of 21st. This rule should be implemented w.e.f. June-2017.  Hence ESIC Contributions for the month of June-2017 shall be paid before and on 15th July-2017. Get notification in PDF

Please be informed that the clarification given by the Ministry of Labour and employment regarding new amendment under the Maternity Benefit act. Following points are evaluated: Ø    All new said amended clauses in notification except sub-section (5) of section 3 will be effected w.e.f. 1st Day of April, 2017  Increase Maternity Benefit from 12 weeks to 26 weeks for 1 st  & 2 nd  children, and 12 weeks for more than 2 children. 12 weeks Maternity Benefit to a Commissioning Mother and adopting mother Provision for work from home for nursing mother. Every establishment shall intimate in writing and electronically to every women at the time of her initial appointment about the benefits available under the Act. Ø    the 1st day of July, 2017, as the date on which sub-section (5) of section 3 of the said Act shall come into force. M andatory Provision of Crèche  to establishments having more than 50 or more total employees Also clarified that :-     ·