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Find Jammu & Kashmir Holiday List - 2015 Prakash Consultancy Services : Holiday List 2016 : Dear all, Appended below is the Holiday list of Some regions for the year 2016 Maharashtra   HolidayList-2016-maharashtra Gujarat...

The Lok Sabha on 22.12.2015 passed a bill allowing doubling of wage ceiling for calculating bonus to Rs 7,000 per month for factory workers with establishments with 20 or more workers, with the benefits being applicable retrospectively from April 2014. The Payment of Bonus (Amendment) Bill, 2015, was passed by a voice vote, with some members objecting to the raising of eligibility limit for payment of bonus from a salary of Rs 10,000 per month to Rs 21,000. Replying to a debate on the legislation, Labour Minister Bandaru Dattatreya said the Government has ensured that the interest of workers are protected and there is no infringement on their rights. “Because of Bihar Elections this bill got delayed… The Prime Minister spoke to me and asked why should the benefits of this Act should accrue to workers from 2015. It should be made available from the April 2014,” he said while moving an official amendment to the Bill. The official amendment provides that the benefits of the Ac

Maharashtra Factories (Amendment) Rules, 2015. Dated : 4.4.2015 NOTIFICATION THE FACTORIES ACT, 1948 No. FAC.2013/R.R.169/C.R.204/Lab-4.- In exercise of the powers conferred by Sections 112 and 115 of the Factories Act, 1948 (63 of 1948), in its application to the State of Maharashtra (hereinafter referred to as "the said Act") read with clause (3) of Section 23 of the General Clauses Act, 1897 (10 of 1897) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby amends the Maharashtra Factories Rules, 1963, the same having been previously published as required by sub-section (1) of Section 115 of the said Act, as follows, namely:- 1. These Rules may be called The Maharashtra Factories (Amendment) Rules, 2015. 2. In Rule 5, of the Maharashtra Factories Rules, 1963 (hereinafter referred to as "the principal Rules"),- (a)  in sub-rule (2), for Schedule "8" appended to sub-rule (2), it, the following shall be

Labour, Employment, Training and Skill Development Department   NOTIFICATION  3 July, 2015 S.O.67  In exercise of the powers conferred by section 112 of the Factories Act, 1948 the Governor of Jharkhand proposes to make the following amendment in the Jharkhand Factories Rules, 1950 :-  (1) Short title extent and Commencement :-  (i) These rules may be called the Jharkhand Factories (Amendment) Rules, 2015  (ii) It shall extend to the whole State of Jharkhand.  (iii)It shall come into force from the date of publication in official gazette. (2) Substitution of Sub rule (1) of Rule (3) of the Jharkhand Factories Rules, 1950 The said Rule shall be substituted by the following-  “(1) No site shall be used for the location of a factory or no building shall be constructed, re-constructed, extended or taken into use as a factory or a part of a factory unless an application in form no-1 along with the documents and plan as prescribed in sub-rule (2) has been submitted to- 

Sl. No. OCCASION/FESTIVAL DATE DAY SAKA-ERA 1 2 3 4 5 1 SANKRANTI/PONGAL 15.01.2016 FRIDAY PAUSHA 25-1937 2 REPUBLIC DAY 26.01.2016 TUESDAY MAGHA 06-1937 3 MAHA SHIVARATRI 07.03.2016 MONDAY PHALGUNA 17-1937 4 HOLI 23.03.2016 WEDNESDAY CHAITRA 03-1938 5 ANNUAL CLOSING OF ACCOUNTS DAY CHAITRA 12-1938 6 p.t.o. 01-04-2016 FRIDAY BABU JAGJIVAN RAM’S BIRTHDAY 05.04.2016 TUESDAY CHAITRA 16-1938 7 UGADI 08.04.2016 FRIDAY CHAITRA 19-1938 8 DR.B.R.AMBEDKAR’S BIRTHDAY 14.04.2016 THURSDAY CHAITRA 25-1938 9 SRI RAMA NAVAMI 15.04.2016 FRIDAY CHAITRA 26-1938 10 RAMZAN (ID-UL-FITR) 06.07.2016 WEDNESDAY ASHADHA 15-1938 11 INDEPENDENCE DAY 15.08.2016 MONDAY SRAVANA 24-1938 12 SRI KRISHNA ASTAMI 25.08.2016 THURSDAY BHADRA 03-1938 13 VINAYAKA CHAVITHI 05.09.2016 MONDAY BHADRA 14-1938 14 VIJAYA DASAMI/ DUSSEHRA 11.10.2016 TUESDAY ASVINA 19-1938 15 MOHARAM 12.10.2016 WEDNESDAY ASVINA 20-1938 16 KARTHIKA P

On 16th September 2015, Labour Department, Govt. of Kerala has issued final notification to amend the Kerala S & CE Rules, 1961. Some of the salient amended provisions are as follows: • Non-renewal of registration before its expiry did not invite any excess fee and now the same would now invite 25% excess fee. ( Rule 2B sub rule 2)  • Application for amendment of registration certificate to be submitted within 7 days of such change. Now it is enough if the same is submitted within one month.(Sec 5A) • The fee for “Nil employees” is increased from Rs.10 to Rs.50.  • Duplication registration fee is increased from Rs.5 to Rs.50  • Cancellation of registration shall be done with the payment (under Sec 5E) of 10% of the total fee applicable under sub rule (1). • Employers of medium and big establishments shall issue appointment letter to employees in Form BC  • ID card shall be issued in Form BD  • Service Certificate shall be issued in Form BE  • Employer shal

Will the principal employer be liable to pay bonus to the employees employed by the contractor? Principal employer is liable to pay wages to the employees of the contractor if the latter fails to make payment of wages to his employees unders Section 21(4) of The Contract Labour (Regulation & Abolition) 1970.  On this analogy, a question arises as to whether principal employer is liable to pay bonus to the employees of the contractor in case the contractor, if liable, fails to pay bonus to its employees.  Having regard to the definition of employee found in section 2(13) of the Payment of Bonus Act, the claim of the Labour Department that the contract labour are also entitled for payment of bonus on par with the regular employees, as contended in the complaint, has no legal basis and it does not amount to violation of section 11 of the Act attracting punishment under section 28 of the said Act. It is clear that the contract labour cannot be treated on par with the regu

Government of Haryana Department of Labour & Employment 30 Bays Building, Sector 17, Chandigarh (Website: hrylabour.gov.in)   PUBLIC NOTICE Kind Attention: Employer/E ntrepreneur /Industrial association/other Stakeholders. Government of Haryana, Department of Labour is pleased to introduce a new Scheme namely “Self Certification Scheme” with theaim to develop self-discipline and self-reliance and take responsibility for statutory compliances under the various labour laws without compromising on the safety, health, welfare and social security of the employees . The scheme will bring complete transparency in the working of the government machinery and at the same time it will protect the legitimate rights of the workers. This Scheme is optional and any employer or entrepreneur can opt for this Sche

The Minimum Wage notification Dated 21.10.2015, issued by the Haryana Government, was challenged before the Punjab & Haryana High Court by the Gurgaon Industrial Association which was heard on 4.12.2015, Friday and the other petition filed by Faridabad Industries Association was heard on 5.12.2015 . The basic points of challenge pertained to the notification being beyond the scope as prescribed by the Minimum Wages Act.  The clubbing of allowances with the basic rate of wages and then terming them as Minimum Basic rate of wages was challenged as being arbitrary and contrary to section 4 of the Act.  Besides the promotions prescribed, limiting of training to one year alone, extension of the Act to domestic workers and safai karamcharis, 100% neutralization etc were some of the points challenged. It was also challenged that the Minimum Wages Act does not interfere with the contract of employment, its ambit only extends to the enhancement of wages as

In the appeal against the order of the EPF Authority under section 7A of the Act the appellant have stated that directing the appellant to deposit the dues is illegal as the EPF Authority has assessed the dues considering the allowances as ‘basic wages’. The EPF Appellate Tribunal observed that the provident fund contribution is to be calculated on the basic wages and not upon the wages fixed under the Minimum Wages Act as already settled by the Punjab & Haryana High Court in the case of APFC Gurgaon vs. M/s. G4S Security Services (I) Ltd., 2011 LLR 316. Fixation of wage structure is within the domain of the employer. Wages can be split into allowances. Hence, order of the EPF Authority cannot sustain and appeal is allowed. M/s. SSM Fine Yarns vs. RPFC, Madurai ATA  No.734(13 ) 2010 decided on 7.2.2012

It may be recollected that in  Assistant Provident Fund Commissioner, Gurgaon Vs. G4S Security Services (India) Limited & Anr, 2011 LLR 316 ,  the Punjab & Haryana High Court has held that the provident fund contributions are not necessarily to be paid on the wages which are fixed under the Minimum Wages Act. Being aggrieved, the EPFO filed a Letters Patent Appeal No.  1139 of 2011  before the Division Bench challenging the order of learned Single Judge.  The Division Bench, comprising of the Hon’ble Chief Justice Adarsh Kumar and the Hon’ble Justice A.K. Mittal, on  20.07.2011  dismissed the appeal.

The grievance of the appellant in the appeal is that the order dated 25.06.2010 passed by the EPF Authority under section 7A of the Act that -  the employer is liable to pay contributions under the Act on the wages as fixed under the Minimum Wages Act and not the actual wages paid to the workmen is illegal. The Appellate Tribunal observed that - the contribution under the Act is to be paid upon the ‘basic wages’ as defined under the Act and not upon the wages fixed under the Minimum Wages Act   Reference - As also held by the Punjab & Haryana High Court in the case of APFC Gurgaon vs. M/s. G4S Security Services (I) Ltd., 2011   Hence, the impugned order of the EPF Authority is set aside and appeal allowed. M/s. Black Panther Security Force vs APFC, Nagpur ATA   No.458(9)/2010   decided on 31.1.2012