test

IMPORTANT CHANGES IN LABOUR LAWS IMPLEMENTED
THROUGH GAZETTE NOTIFICATIONS AND CIRCULARS

DISCLAIMER: The views & opinions expressed in this newsletter are those of the authors and do not necessarily reflect the
official policy of the organization. The information provided in this newsletter does not, and is not intended to, constitute legal
advice; instead, all information, content, and materials available are for general informational purposes only. Information in this
newsletter may not constitute the most up-to-date legal or other information.
Readers of this newsletter should contact their attorney to obtain advice with respect to any particular legal matter. No reader
should act or refrain from acting on the basis of information on this newsletter without first seeking legal advice from counsel in
the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein, and your
interpretation of it, is applicable or appropriate to your particular situation/organization.
All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The
content in this newsletter is provided "as is;" no representations are made that the content is error-free.

UMANG (Unified Mobile Application for New-age Governance) is an
initiative to build a common, unified platform and common mobile app to
facilitate single point access to major government services through
mobile. Access to major government services are now in our finger tips.

Some of the major services currently available on UMANG are:
· Employee Provident Fund - balance status and application for

Withdrawal
· ESIC
· National Pension Scheme (NPS)
· Apply for PAN & pay Income Tax

The labour ministry has notified 8.65% interest rate on employees
provident fund for 2018-19. This will enable crediting the interest amount
of Rs 54,000 crore into accounts of over 6 crore subscribers. Besides, it
would enable Employees’ Provident Fund Organisation (EPFO) to settle
withdrawal claims at this rate. The 8.65 per cent rate of interest is 10
basis points higher than that for 2017-18.

Central government is planning to set up ESI hospital in all districts in
the country. Currently, there are over 450 ESI hospitals across the
country and plans are afoot to set up hospitals in other districts too.

Applicability of Industrial Employment (Standing Orders) Act, 1946 on
various establishments covered under the Punjab Shops & Commercial
Establishments Act and also to the Contractors engaged by any
establishment has been enforced.

The Section 1(3) of the Industrial Employment (Standing Orders) Act,
1946 provides that it applies to every industrial establishment wherein 50
(in case of State of Haryana) or more workmen are employed, or were
employed or any day of the preceding 12 months.

Period of validity of registration certificate: The Chhattisgarh Shops
and Establishment Rules has been amended, as per the amendment
the shops and establishment registration certificate shall remain valid
till the date of closure of the establishment as notified by the employer.

In a significant move that could benefit thousands of teachers and other
employees in the private education institutions, Kerala has decided to
implement maternity benefits for the sector.

The central government has approved the Kerala Government’s decision
to bring these teachers and employees under the Maternity Benefit Act.
Kerala will become the first state in the country to provide maternity
benefits to the private education sector. Thousands of employees working
in the private education sector in the state can also avail the 26 weeks'
maternity leave with salary as guaranteed in the Act like government
employees.

The Employees' Provident Fund Organization (EPFO) has launched an
e-nomination facility for EPF members. As per a circular dated
September 12, this facility can be used by members whose Aadhaar is
linked and verified on the member sewa portal.

A member can avail of the e-nomination facility by logging in to their
account on the EPFO's member sewa portal. Make sure your UAN
(Universal Account Number) is activated on the portal to use this facility.

The abrogation of Article 370 and the notification of the J&K
Reorganization Act, 2019, extended all the 108 Central Acts to the two
UTs. The effective date of implementation of the Act is October 31.

Since the abrogation of Article 370, the Employees’ Provident Fund and
Miscellaneous Provisions Act, 1952, will be implemented in the two
newly carved out Union Territories (UTs) of Jammu and Kashmir, and
Ladakh.

This is going to boost the corpus of the Employees’ Provident Fund
Organization (EPFO) as the central retirement savings body is set to
take over the state provident fund corpus and bring organized sector
employees of the two UTs under its social security net.

The move, will bring establishments and workers in the two UTs within
the ambit of the Employees’ Provident Fund Organization (EPFO),
which was approved at a meeting of the EPFO’s Central Board of
Trustees (CBT). At present, they are covered by the J&K Employees’
Provident Fund Organization.

The EPFO will facilitate compliance and service delivery such as
registration by establishments, remittance of contributions, banking
arrangements, IT infrastructure and setting up of offices.

EPFO will launch an e-inspection system that will simplify the inspection
process and ensure organizations with open communications and will
not be subjected to physical inspection until necessary.

The EPFO is working towards a three-day settlement period for KYC
(Know Your Customer) compliant beneficiaries who have UAN linked to
Aadhaar, have a bank account and a registered mobile number.

The Supreme Court has upheld a Delhi government notification issued
in March 2017 that will result in a 37% hike in worker’s minimum wages.
The case had been pending in courts for two years. All permanent, fixed
term, contractual, casual as well as daily-wage workers will benefit from
this order.

The Delhi High Court had stayed the Delhi government’s notification last
year on August 4, based on a plea made before it by a number of
association of employers. A clutch of employers had argued in the High
Court that the burden of minimum wages and its upward revision would
cause them hardship that they would not be able to bear.

Maharashtra Labour department revised the minimum wages of the
employees employed in any factory wef 30 Aug 2019.
Serial Class of Employees Basic minimum rate of wages (per month)

No. Class of Zone-I Zone-II Zone-III
employees

1 Skilled Rs. 12605 Rs. 11770 Rs. 11255

2 Semi-skilled Rs. 11445 Rs. 10800 Rs. 10160

3 Unskilled Rs. 10350 Rs. 9705 Rs. 9000

Explanation :-
(a) Zone I.—It shall comprise of the areas falling within the limits of all

Municipal Corporations.
(b) Zone II.—It shall comprise of the areas falling within the limits of all

Municipal Councils and Maharashtra Industrial Development Corporation

areas within 20 Kilometers radius from all Municipal Councils limits.
(c) Zone III.—It shall comprise of the all other areas in the state not

included in Zone-I and Zone-II.

NEEM Regulations were formulated by the AICTE in the exercise of the
powers conferred on it under the All India Council for Technical
Education Act, 1987, with an objective to offer On-the-job training to
enhance employability of graduates/diploma holders or students
pursuing graduation/diploma to increase their employability. The
Scheme was initially notified on 15.04.2013 and has been amended
subsequently.

It has been decided to strictly align the activities of NEEM with higher
educational institutions wherein all future trainees under NEEM shall be
students who are pursuing studies from higher educational institutes,
bachelor or beyond, for developing their skills in order to enhance their
future employability.

It is also stipulated that no fresh enrolment of trainees falling into the
categories such as those from drop out or completed or having
education from 8th to 12th classes are to be enrolled by the NEEM
facilitators. However, the existing trainees are allowed to complete their
training. The council had instituted the NEEM scheme for providing on
the job skill/practical training to lesser privileged youth by active
collaboration with industry. The objective of the scheme is to prepare
them so that the trainees are able to find subsequent employment post
successful completion of the training period.

However, it has been brought to the notice of council that certain NEEM
facilitators are engaging in activities wherein existing employees on
industrial establishments are being re-routed as NEEM trainees thereby
exploiting exemptions from statutory deductions of PF/ESI.
It is clarified that the scheme is not intended to be used as a substitute
for employment in any form. On the contrary, the scheme is intended to
educate and train the future workforce by a collaboration of NEEM
facilitators and industrial establishments.

Employees must be registered online on the date of appointment; the
online system shall allow a maximum 10 days to register the new
employee.

The employee will have to collect their Biometric ESI Permanent Card
from the nearest Branch Office. Contribution against an employee must
be deposited within the due date. You shall not be able to deposit
contributions online after 42 days from the end date of the contribution
period.

Employee whose per day salary is Rs. 176/- or less need not to pay
Employee’s contribution and the same will be paid by the government.
However, the employer will have to pay their share of contribution.

Rajya Sabha passed the Repealing and Amending Bill, 2019. The bill
will repeal redundant and absolute laws. The Bill was passed by the Lok
Sabha on 29 July, 2019. The Bill aims to ensure minimum legislation
and maximum governance as it is a continuous process. It will repeal 58
old central laws that have been used to achieve maximum governance.
A committee constituted by the government has identified 1824 old laws.
Previously 1,428 old and archaic central Acts and about 75 laws have
been repealed to date. The Bill will repeal various Acts, such as the
Beedi Workers Welfare Fund Act, 1976, the Tea (Amendment) Act,
1980, the Motor Vehicles (Amendment) Act, 2001, the Central Road
Fund (Amendment) Act, 2007, and the Central Universities Act, 2009

DISCLAIMER: The views & opinions expressed in this newsletter are those of the authors and do not necessarily reflect the official policy of the
organization. The information provided in this newsletter does not, and is not intended to, constitute legal advice; instead, all information, content,
and materials available are for general informational purposes only. Information in this newsletter may not constitute the most up-to-date legal or
other information.
Readers of this newsletter should contact their attorney to obtain advice with respect to any particular legal matter. No reader should act or
refrain from acting on the basis of information on this newsletter without first seeking legal advice from counsel in the relevant jurisdiction. Only
your individual attorney can provide assurances that the information contained herein, and your interpretation of it, is applicable or appropriate to
your particular situation/organization.
All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content in this
newsletter is provided "as is;" no representations are made that the content is error-free.