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Showing posts from February, 2016

Why Stay at Retrospective effect on Bonus

There are large number of queries about obligation of the employers (establishments) to pay additional bonus for the year 2014-15.   Hence it become imperative to know the current status of the amendment particularly its retrospective effect.      The Kerala High Court in United Planters’ Association of Southern India and another vs. Union of India, vide Writ Petition(C) No.3025/2016(C) dated 27.1.2016 and also by Karnataka High Court in Karnataka Employers Association and another, Writ Petition No.5272 & 5311/2016 dated 2.2.2016 have stayed the Amendment to the Payment of Bonus Act to the extent it gives the retrospective effect from 1.4.2014.     It is pertinent to state that any order passed in a writ petition by any High Court questioning the constitutional validity of a Parliamentary Act whether interim or final, keeping in view the provisions contained in Clause (2) of Art.226 of the Constitution of India, it will have effect throughout the territory of

Minimum Wages for Hosiery industry - Tamil Nadu

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  Minimum Wages for Hosiery industry - Tamil Nadu https://drive.google.com/drive/folders/0B5rIbmaiFFQVflpSa3BZMzNaQWp1a0FtaWVUX3k1UF9yZjZEMklZdHlBTnNZRE9aTTdPc1E

Bonus Stay Order - Madhya Pradesh Labour Office

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  Madhya Pradesh  labour offices follows Kerala HC order with regard to The Payment of Bonus Act Amendment 2015, in respect of retrospective effect  

Self-Certification in Karnataka to Dodge Repeated Inspections

Karnataka has introduced a voluntary self-certification scheme for establishments and industries which would effectively free them from repeated inspections. Only 30 per cent  would come under the purview of random inspection. “Inspections would be done jointly by the department of factories and boilers, and the labour department, requiring the inspectors to file their report at the site,” P B Ramamurthy, additional chief secretary for labour in Karnataka, said at a seminar on human resources organized  by the Confederation of Indian Industry in Bengaluru on 19th Feb 16, Friday. Additionally, to bring in transparency on the Minimum Wages Act, a notification has been issued calling for recommendations to be made by the Minimum Wages Board in consultation with the stakeholders of industries concerned, he said. He also said the government has moved an amendment for exemption of non-hazardous small industries from the Factories Act. He said Karnataka is the onl

MINIMUM WAGES :- SECURITY GUARD BOARD

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SECURITY GUARD BOARD MINIMUM WAGES FOR THE PERIOD 1ST JANUARY 2016 TO 30TH JUNE 2016

Over Time

When we talk about overtime, we always refer to below mention Act:- The Factory Act & The Shops & Establishment Act. Working Hours for Factory Workers; I. Employment of Adults: An adult worker shall  Not be employed for more than 48 (forty eight) hours in a week and    Not more than 9 (nine) hours in a day.   A compulsory rest of at least half an hour (30 minutes) between each period of work  and such period of work shall not exceed five hours. Total period of work inclusive of rest interval cannot be more than 10.5 hours.  The Chief Inspector may by giving a reason in writing  increase the workday time up to twelve hours. According to Minimum Wages Act, 1948 the working day of a worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day. The State Governments have the power to make rules in respect of adult workers in factories and to make exemptions to the above-mentioned rules.   However,

Haryana Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005

HARYANA GOVERNMENT LABOUR DEPARTMENT Notification The Ist July, 2015 No. 2/8/2015-2Lab In exercise of powers conferred by sub-section (1) read with sub-section (2) of section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service )Act, 1996 (Central Act 27 of 1996), the Governor of Haryana hereby makes the following rules further to amend the Haryana Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005, namely:- 1. These rules may be called the Haryana Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Amendment Rules, 2015. 2. In Haryana Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005, for rule 50, the following rule shall be substituted, namely :- “50 MATERNITY BENEFIT (SECTION 62):- The women employees who are beneficiary of the fund shall be given Rs.30,000/- (thirt

Compliance Analysis & Monitoring System

The Government has launched a Compliance Analysis & Monitoring System under which the Principal employers will upload contract details awarded to be made available to EPFO for checking. After the data is collected from different sources, they will be forwarded to field offices with specific direction who will take compliance action and upload the report. Thus, more contract workers will be brought under EPFO without causing undue interruption in the work of principal employers.

Allahabad High Court Endorses The Retrospective Stay of Bonus Granted by Karnataka High Court

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EPF Appellate Tribunal (Procedure) Rules, 1997 Amended

In exercise of the powers confirmed by sub section (1) of Section 21 of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952, Central Government has made further amendment to the Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997. The amendment relates to Rule 6 which contains the provision relating to place of filing the Appeals and Rule 7 which contains the provision relating to Fee, time for filing Appeal, deposit of amount due on filing appeals. A copy of the Gazette of India dated 4.1.2016 is enclosed. 1. The Rule 6 reads as under: “6. Place of filing appeals,- The appeal shall ordinarily be filed by the appellant with the Registrar of the Tribunal within whose jurisdiction:- (i) the appellant is residing for the time being, or (ii) the cause of action has arisen, or (iii) the respondent or any of the respondents against whom relief is sought, ordinarily resides. The amended Rules reads as under : “6. P

EPFO opens Facebook &Twitter A/cs

The Employees' Provident Fund Organisation (EPFO) 25.12.2015 made debut on popular social networking platforms Facebook and Twitter. Union Minister for Labour and Employment (independent charge) Bandaru Dattatreya, who launched Facebook account and Twitter handle of EPFO during a Good Governance Day celebration event in Hyderabad said with this the stakeholders would hire another medium through which they can put their grievances, ideas and messages across. “EPFO is a beneficial entity engaged in providing social security to crores of workers in the country. Recently EPFO has undertaken several initiatives involving information Technology for benefit of its stakeholders”, he said.

EPFO Raises Rate Marginally to 8.8% for FY16; TUs Unhappy

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Gradual Changes Interest rates on small savings are set to dip as the govt revises the interest rate framework to align it with market rates. PF rates have also seen only a marginal increase :  Employees' Provident Fund Organization (EPFO) has marginally raised interest rate on retirement savings to 8.80% for 2015 16 from 8.75% last year but lower than 8.95% proposed earlier, disappointing trade unions that had been pitching for the higher rate. The EPFO provides interest from earning on investments of formal sector workers' funds without any assistance from the government.The rate of return on provident fund stood uncha

Payment of EPF Subscription Through Internet

Great News for Employer  The Central PF Commissioner has authorized RPFCs-Incharge of ROs & SROs to allow a particular establishment under their jurisdiction to make payment through physical mode after satisfying the genuineness of problem in making payment through Internet Banking for a limited period upto 30 th June, 2016 only. Please find the link below in this regard http://www.epfindia.com/site_docs/PDFs/Circulars/Y2015-2016/Bkg_OnlineRemit_39659.pdf

Centralized Public Grievance and Monitoring Mobile App

    This is to inform you that the Government of India has launched the CPGRAM Mobile App which can be installed on the android mobile phone for lodging the grievance, lodging the reminder/ clarification, and viewing the status of the grievance lodged earlier. Step to install the Mobile App:- 1. Log on to http://pgportal.gov.in 2. Capture the QR Code using the QR Code Reader. 3. Download the App through the captured link. 4. Install the app in your Android mobile. 5. Open the App after installation. Please find the link below :- http://www.epfindia.com/site_docs/PDFs/Circulars/Y2015-2016/CSD_MobileApp_CPGRAMS_89881.pdf Let your employee be informed