KNOWLEDGE BLOG ON "INDIAN LABOUR LAW AND HUMAN RESOURCE" - ADVOCATE GIRISH JAYRAM VIVALKAR: June 2015

Saturday 27 June 2015

Circular / Notification about Provident Fund grace period for payment of statutory dues

Dear All,

Please find attached one old Provident Fund circular / notification regarding grace period while making payment to Authority. May be it can be useful for any of reader of my blog. J

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Thursday 25 June 2015

EPFO circular / notification dated 22nd June 2015 from EPFO related to directions under Para 78 (3) of the Employee’s Provident Funds Scheme, 1952

Dear All,

Please find attached latest circular / notification dated 22^nd June 2015 from EPFO related to directions under Para 78 (3) of the Employee’s Provident Funds Scheme, 1952 for efficient administration of the scheme.

As per this, EPFO made UAN mandatory for all employers under its purview and EPFO given certain deadline to all employers for completing formalities relating to UAN failing which action will be taken under the powers given to EPFO by the Employees Provident Funds Scheme, 1952, and other applicable laws for failure to comply with the order.

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EPFO - circular / notification dated 22 June 2015 about "Mandatory Deposit of Contributions through Internet Banking"

Dear All,

Please find attached latest circular / notification dated 22 June 2015 about "Mandatory Deposit of Contributions through Internet Banking" from Employee's Provident Fund Organisation (EPFO) which states that the Central Government in exercise of the powers conferred by section 5 read with sub-section (1) of section 7 of the EPF & MP Act, 1952 made it mandatory for employers to pay the statutory contributions through Internet Banking.

It has also stated that the facility to give option of payment through physical mode of payment (bank drafts or banker's cheques or cheques) for transitory period is being considered at appropriate level.

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Wednesday 24 June 2015

Latest notification / circular in relation to Private Security Agencies (Regulation) Act (PSARA Act)

Dear All,

Please find attached latest notification / circular in relation to Private Security Agencies (Regulation) Act (PSARA Act) which has been circulated on 15 April 2015.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Tuesday 23 June 2015

Draft format of Register of Workmen (workmen register) Employed by Contractor under Contract Labour (Regulation and Abolition) Act

Dear All,

Please find attached format of Register of Workmen (workmen register) Employed by Contractor under Contract Labour (Regulation and Abolition) Act for your reference.

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Format of FORM X- Identity Card under rule 57 of Maharashtra Contract Labour (Regulation and Abolition) Rules

Dear All,

Please find attached format of FORM X- Identity Card under rule 57 of Maharashtra Contract Labour (Regulation and Abolition) Rules for your reference.

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Format of wage slip / pay slip

Dear All,

I have attached one ideal format of wage slip / pay slip for reference. As per my understanding the said format consist most of the component which ideally required in wage slip / pay slip.

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LIST OF DISEASES FOR WHICH EXTENDED SICKNESS BENEFIT IS ADMISSIBLE UNDER ESIC

LIST OF DISEASES FOR WHICH EXTENDED SICKNESS BENEFIT IS ADMISSIBLE UNDER ESIC :-

Infectious Diseases

Tuberculosis
Leprosy
Chronic Empyema
AIDS

II Neoplasms

Malignant Diseases

III Endocrine, Nutritional and Metabolic Disorders

Diabetes Mellitus-with proliferative retinopathy/diabetic foot/nephropathy.

IV Disorders of Nervous System

Monoplegia
Hemiplegia
Paraplegia
Hemiparesis
Intracranial Space Occupying Lesion
Spinal Cord Compression
Parkinson’s disease
Myasthenia Gravis/Neuromuscular Dystrophies

V Disease of Eye

Immature Cataract with vision 6/60 or less
Detachment of Retina
Glaucoma

VI Diseases of Cardiovascular System

Coronary Artery Disease:-

Unstable Angina
Myocardial infraction with ejection less than 45%

Congestive Heart Failure- Left , Right
Cardiac Valvular Diseases with failure/complications
Cardiomyopathies
Heart disease with surgical intervention along with complications

VII Chest Diseases

Bronchiectasis
Interstitial Lung Disease
Chronic Obstructive Lung Diseases (COPD) with congestive heart failure (Cor Pulmonale)

VIII Diseases of the Digestive System

Cirrhosis of liver with ascities/chronic active hepatitis

IX Orthopedic Diseases

Dislocation of vertebra/prolapse of intervertebral disc
Non union or delayed union of fracture
Post Traumatic Surgical amputation of lower extremity
Compound fracture with chronic osteomyelitis

X Psychoses

Sub-group under this head are listed for clarification

Schizophrenia
Endogenous depression
Manic Depressive Psychosis (MDP)
Dementia

XI Others

More than 20% burns with infection/complication
Chronic Renal Failure

Reynaud’s disease

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Saturday 20 June 2015

The Negotiable Instruments (Amendment) Ordinance, 2015 dated 15 June 2015

Dear All,

You might get surprised about said addition of information as it is not related to labour law, but still I felt that to share with you all. Please find attached new gazette notification about “The Negotiable Instruments (Amendment) Ordinance, 2015” which been published on 15-06-2015.

The Objective of the Ordinance is to amend the provisions of Negotiable Instruments Act, 1881, for speedy disposal of cases relating to dishonor of cheque. The Negotiable Instruments (Amendment) Bill, 2015 has been passed by the Lok Sabha, However It was pending In the Rajya Sabha.

Nevertheless, as the Parliament is not in session, The President of India on the satisfaction that the circumstance exists which renders it necessary for him to take immediate action, therefore the circumstances exist which renders necessary for him to take immediate action and due to that promulgation of said ordinance happened.

Regards,

Girish V

http://girishvivalkar979.blogspot.com/

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Thursday 18 June 2015

EPFO new circular dated 16 June 2015- Reduction in rate of administrative charges

Dear All,

Please find below EPFO new circular dated 16 June 2015 regarding "Reduction in rate of administrative charges and Adjustment of Excess Payment thereof".

In said circular it has been mentioned that the excess amount of administrative charges deposited is to be adjusted by the employers while remitting the administrative charges of following/current month. Further, as per said circular, the employers required to furnish the details of adjustment of excess payment of administrative charges as per table mentioned in said circular.

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Amendments to the Employee's Pension Scheme, 1995 dated 12 June 2015

Dear All,

Please find attached one of page of aforementioned circular. Said circular has two Gazette Notification which been published in the Gazette of India Extraordinary, Part II, section 3, sub section (i) amending provisions of the Employee's Pension Scheme, 1995. For full circular please write us on girishvivalkar979@gmail.com,

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Tuesday 16 June 2015

New notification by Maharashtra State Labour under Maharashtra Contract Labour (Regulation and Abolition)(First Amendment) Rules, 2015

Dear All,

Please find attached Maharashtra State's Industries, Energy and Labour Department, Mantralaya, Mumbai new notification dated 01 June 2015 regarding amendment in the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 which will be called as Maharashtra Contract Labour (Regulation and Abolition)(First Amendment) Rules, 2015.

Said notification has come in to effect from 01 June 2015 onward.

Please note that this amendment has been done in exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).

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Monday 15 June 2015

EPFO - Format of Revised Provident Fund (PF) withdrawal Form 19 , PF Form 15G and PF Form 15H

Dear All,

As we all aware that as per the new notification issued from Employees' Provident Fund Organisation (EPFO), income tax will be deducted at source (TDS) at the time of withdrawal of accumulated PF balance where the withdrawal amount is more than or equal to Rs. 30,000 and the services are for the period less than 5 years.

With respect to said notification which will be w.e.f. 1st Jun 2015, please find attached revised Provident Fund (PF) withdrawal Form 19 , PF Form 15G & PF Form 15H which need to submit at the time of sending provident fund claim form to PF authority.

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Friday 12 June 2015

Lawfulness of Contractual employment

There is a wrong impression which generally carried that if an employee being appointed on basis of contractual employment and when said employee’s terms and conditions are well drafted by using apt terminology reiterating about time and again that said employee’s employment is purely contractual and will automatically come to an end after the expiry of the stipulated period and if such employee accept the same, it creates undisputable power in the hands of the employer to renew or not to renew such contract of employment. To add, there is also an impression carried that such employment are sanctified and not subject to any judicial review or scrutiny.

But, if we look at section 2 (oo)(bb) of Industrial Dispute Act 1947 with regard to our above discussion, for the purpose of availing benefit of exception clause 2 (oo)(bb) of said Act, it is require to be demonstrated that the work was only for stipulated period and has also come to an end along with the services of contractual employee coming to an end.

However, if the employer resorts to contractual employment as a devise to simply avoid the rigors of retrenchment; such contractual employment will not be able to stand to the test of judicial enquiry.

This same issue has been discussed in one the case which been decided in High Court of Mumbai (Bombay).

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Hope this small write up will give insight about pertained subject.

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Revision of minimum wages under Minimum Wages Act in State of Goa - 2015

Dear All,

Please find attached circular dated 28th May, 2015 related revision of minimum wages under Minimum Wages Act for State of Goa, the attached is one of page of said circular, for full circular please write us on girishvivalkar979@gmail.com

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Thursday 11 June 2015

Employment obtained by fraud- appointment can be recalled?

It is one of the important question that when an employee obtain employment by fraud then in that case can employer has the right to recalled said defaulter employer or not?

To explain this we can take reference of one of the case of Supreme Court of India in which it has said that if the employment is obtained by an employee by fraud then such appointment orders can be recalled and such appointment orders are voidable at the option of the employer concerned.

To explain further we can take reference of one of the case of Lord Denning in which it observed that no person can be allowed to keep an advantage which that employee has obtained by fraud.

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Hope this small write up will give insight about pertained subject.

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Monday 8 June 2015

Minimum Wages- Correlation with productivity of an employee

To discuss this topic we can take help of one of the case of Supreme Court of India. As per the said case, the minimum wage fixed in the notification under Minimum Wages Act, 1948 is not fixed with reference to any particular quality of work turned out by the employee nor does the notification under Minimum Wages Act, 1948 empower the employer to fix any particular norm of work to be carried out by the employee with reference to which the minimum wages shall be paid by the employer. The employer may fixed any norm as employer think fit specifying the quantity of work which must be given by the employee during the day, but if the employee does not turn out work in conformity with such norm then in that scenario the employer cannot pay said employee anything less than the minimum wages. Furthermore, the employer may take disciplinary action against such employee.

Thus, the employer / management of any organization are not entitled to make deductions from the minimum wage on account of less productivity of an employee.

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Wages for weekly off during the maternity leaves whether payable under Maternity Benefit Act for daily wage earner female employee.

The question related to “Wages for weekly whether also to be included while calculating the maternity benefit which will be payable to a female daily wage earner under Maternity Benefit Act, 1961?” has got different views altogether.

To explain this we can take reference of one of the case of High Court of Madras (Chennai) where it has mentioned that while the calculation of maternity benefit, it has to be made for all the days including weekly off days which are generally wage less days for a daily wage earner so as to ensure that such female worker gets for the said period not only the amount equivalent to 100% of the wages which she was previously earning in terms of Section 3 (n) of Maternity Benefit Act, 1961 but also the benefit for all the weekly off days falling in between said maternity period.

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Hope this small write up will give insight about pertained subject.

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Thursday 4 June 2015

Meaning of the expression “continued ill-health” under sub clause (c) of section 2 (oo) of the Industrial Disputes Act, 1947

As per sub clause (c) of section 2(oo) of the Industrial Disputes Act, 1947 the expression “continued ill-health” does not mean uninterrupted continued ill-health but what it means ill-health for considerable period and long duration affecting normal discharge of duties. It must have a bearing on the normal discharge of duties.

What is to be seen is whether the workman does not possess good health for a considerable long period and that has affected him from active duties.

To note further this issue has been discussed in one of the decided case of Mumbai High Court in year 2005.

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Importance of submission of application for leave by an employee to employer

It is one of the important principle that no employee may claim any leave as a matter of right, nor can he/she be absent from duty without permission. This literally means that whenever an employee requires any leave, he/she has to submit a leave application even if he/she has some small reason for absence.

As decided in one of the case of Supreme Court of India that it will be a gross violation of discipline of an employee in case the absence of said employee has been without application of leave.

It is also advised that when an employee is incapable to put signature on his/her leave application due to ailment then in that case he/she should take help of someone to make leave application on behalf of him/her.

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Tuesday 2 June 2015

Courts jurisdiction and powers to abolish Contract Labour System in an Organization

I guess, this issue has rarely discussed among individual or in any discussion forum and as per my understanding there is less information available about the question related “do Courts have jurisdiction and powers to abolish Contract Labour System in an Organization?”.

To answer this it can contribute that before approaching Court of law, it is required to be examined whether the contract in question is genuine or sham or bogus. If the contract is genuine, then the contract workers, in absence of Employee-Employer relationship with the principal employer, would not be in a position to raise an industrial dispute against the principal employer, seeking relief of absorption in organisation’s employment as well as equality in service conditions. Furthermore, if the contract is genuine then while taking reference of one of case of Supreme Court of India it can say that the Courts have no jurisdiction to abolish it. It is only appropriate government under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 have power to abolish it.

If the contract is sham or not genuine, then the workmen of the concerned contractor can themselves or through their union can approach the Court of law by raising an industrial dispute for a declaration that they were always the employees of the principal employer and can claim same service conditions at par with the employees directly employed by the principal employer, and when it is raised in this manner then it is not a dispute for abolition of labour contract.

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