Thursday 30 April 2015

Revision of minimum wages in State of Punjab dated 24-05-2015

Dear All,

Please find attached circular related notification relating to revision of minimum wages in State of Punjab dated 24-05-2015. Said circular is in Punjabi language.






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Wednesday 29 April 2015

Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975) - Exemption for Female employees whose salary upto Rs. 10,000/-

Dear All,

As per recent amendment in Profession Tax Act of Maharashtra i.e. Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the salary slab of female employees has been revised / changed from Rs. 7,500 to Rs. 10,000 which means that female employees whose salary upto Rs. 10,000, the Profession Tax upto that salary slab will be NIL. The attached is one of page of said circular, for full circular please write us on girishvivalkar979@gmail.com or juristicsolution@gmail.com

Said amendment is w.e.f. 01 April 2015 and attached along with this for further reference.







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Tuesday 28 April 2015

CONTRACT LABOUR (REGULATIONS & ABOLITIONS) ACT, 1970

APPLICABILITY

The Act applies to every establishment where the Contractor employs twenty or more contract employees. It also applies to the establishments in which the work is carried only on intermittent or casual nature or the seasonal character work exceeding 60 days.

ELIGIBILITY OF EMPLOYEES
a.    The contract workman/employee means any person employed in or in connection with the work of an establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward but does not include a person employed in a managerial or administrative capacity.
b.    They are entitled for the benefits either directly or through contractor for statutory benefits and protection.
BENEFITS UNDER THE ACT
a.    The contractor is required to provide canteens, rest-rooms, latrines, urinals, drinking water, washing facilities and first aid boxes for the use of contract labour.
b.    He is also required to make prompt payment of wages to contract labour.
c.    Principal employer is liable to pay wages and provide other amenities, if the contractor fails to do so.
OTHER IMPORTANT ISSUES

The contravention of the provisions regarding the employment of contract labour is a contravention under the Act for which the contractor will be liable to prosecutions and fines. The offences under the Act are cognizable offences.

PENALTIES FOR NON-COMPLIANCE

The contractor, for contravening any provisions, can be prosecuted under the Act and can be levied a fine. Contravention of any provisions of the Act shall be punishable with imprisonment to the extent of 3 months or with fine which may extend to Rs. 1,000/- or with both and in the case of continuing contravention, with an additional fine which may extend to Rs. 100/- per day.


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Monday 27 April 2015

PAYMENT OF GRATUITY ACT, 1972

The Payment of Gratuity Act, 1972

APPLICABILITY

The Act applies to:
a.    Every factory (as defined in Factories Act), mine, oil, field plantations, port & railway company.
b.    Every shop or establishment in which TEN or more persons are/were employed.
c.    Such other establishment in which ten or more employees employed or were employed on any day of the preceding 12 months.
ELIGIBILITY OF EMPLOYEES

The following persons are entitled to the benefits under the Act.
a.    Any person [NOT Being an Apprentice] employed for wages in any kind of work (manual or otherwise) or in connection with work of factory, mine, plantation, oilfield, railway company, port or other establishment; and
b.    At the time of retirement, resignation/termination, an employee should have rendered continuous service of not less than 5 years.
c.    In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.
d.    Family in relation to male employee.
BENEFITS UNDER THE ACT
a.    The quantum of gratuity is to be computed at the rate of 15 days’ wages (7 days wages in case of seasonal establishment) at the rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 months.
b.    "Wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the term and conditions of this employment and which are paid or are payable to him in case and includes, dearness allowance but does not include any bonus, commission, H.R.A., O.T. wages and any other allowance.
c.    The total amount of gratuity payable shall not exceed Rs. 10,00,000/-
d.    In case where employer offers the higher benefits of gratuity scheme, the employee will be eligible for such higher benefits.
e.    In the case of monthly rated employees, per day wages shall be calculated by dividing monthly rate by 26 days.
OTHER IMPORTANT ISSUES
a.    Employers other than Central Govt. or State Govt. obliged to obtain insurance from LIC in prescribed manner for liability for payment of gratuity.
b.    Establishments to which Act applies must get registered with the Controlling Authority.
c.    Once Act applies, it continues to apply even if employment strength falls below 10.
d.    An employee who is eligible for payment of gratuity has to send a written application to the employer in Form I within 30 days from the date gratuity becomes payable.
PENALTIES FOR NON-COMPLIANCE


Non-payment of gratuity payable under the Act is punishable with imprisonment up to 2 years (minimum 6 months) and/or fine up to Rs. 20,000. Other contraventions/offences attract imprisonment up to 1 year and/or fine up to Rs. 10,000.

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


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

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EMPLOYEE’S COMPENSATION ACT, 1923

The formerly known ‘Workmen’s Compensation Act, 1923,’ is now known as ‘Employee’s Compensation Act, 1923, and is an important enactment as it introduced a kind of social security scheme for the workers of this country. It enables an employee in the case of injury and his dependents in the case of his death, to claim the compensation at the cost of his employer organisation for such employment injury/ death.

APPLICABILITY

The Act applies to every employer:
                      i.        Which includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer; AND
                     ii.        When the services of a employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, means such other person while the employee is working for him.
ELIGIBILITY OF EMPLOYEES

Every employee to whom a personal injury is caused by accident arising out of and in the course of employment, his employer shall be liable to pay compensation in accordance with the provisions of Chapter II to the act.

BENEFITS UNDER THE ACT

Amount of compensation shall be payable by the employer:
a.    Where death results from injury 50% of monthly wages X relevant factor or Rs. 1,20,000 whichever is more. (relevant factor depends upon the age of employee)
b.    Where permanent total disablement results from the injury 60% of monthly wages X relevant factor or Rs. 1,40,000, whichever is more (relevant factor depends upon the age of an employee).
c.    Where permanent partial disablement or temporary disablement results from injury as per prescribed schedule.
d.    Where temporary disablement, total or partial, results from injury, a half monthly payment equivalent to 25% of monthly wage of workman.
e.    The funeral expenses have been increased to Rs. 5,000/-.
OTHER IMPORTANT ISSUES
a.    Any contract by an employee waiving his right to be compensated under this Act is null and void.
b.    The intention of the Legislature and the circumstances under which law was enacted is to be seen. It is interpreted in favour of the weak.
c.    Notice book is to be maintained. A statement, report return is to be filed when applicable.
PENALTIES FOR NON-COMPLIANCE

Compensation should be paid early — delay beyond 1 month, attract interest @6% p.a. and penalty of up to 50% of the compensation. Certain other offences attract fine up to Rs. 500.


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Saturday 25 April 2015

SEEPZ – SEZ Notification about implementation of Labour Laws in respect of contract labour engaged in SEEPZ – SEZ Units

Dear All,

Attached notification is from the Office of the Development Commissioner, SEEPZ Special Economic Zone, Ministry of Commerce and Industry, Mumbai dated 10th December 2014.

Said notification is related to implementation of Labour Laws in respect of contract labour engaged in SEEPZ – SEZ Units.

The  attached is one of page of said circular, for full circular please write us on girishvivalkar979@gmail.com or juristicsolution@gmail.com




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MINIMUM WAGES ACT, 1948

The motive for enactment of Minimum Wages Act, 1948 was poor bargaining power of workers’ organisation in the country. The need for having minimum wage fixing machinery was stressed by the International Labour Organisation (ILO) long back in 1928. Alike the Payment of Wages Act, 1936, this Act also is exhaustively amended by many states to widen its application and its scope.


APPLICABILITY

Any person who directly or through Contractor/Agency or other person whether for himself or for any other persons employees one or more employees in any schedule employment in respect of which minimum rates of wages have been fixed under this Act.


ELIGIBILITY OF EMPLOYEES

Any person who is employed for hire or reward to do any work in a schedule employment and include an outdoor worker to whom any articles or materials are given for doing some work either at home or any other premises.


BENEFITS UNDER THE ACT

The Act prescribes the minimum rates of wages payable to employees for different scheduled employments for different classes of work and for adults, adolescents, and apprentices depending upon different localities, for one or more wage periods, viz. by hours, by the day, month or other large period. The Act has been extended to cover employees in the unorganized sector.


OTHER IMPORTANT ISSUES
a.    The Act is a beneficial legislation and should be given widest meaning so long as the language is capable of bearing such a construction.
b.    Register of wages is required to be maintained at the place of work in prescribed forms by every employer. Such records are to be preserved for 3 years from the time of last entry made therein.
c.    An employee is prohibited from giving up any of his right or relinquishing or reducing his right to minimum wages under the Act.
d.    The normal working day for an adult constitutes of 9 hours including the intervals of rest with maximum of 48 hours of working in a week.

PENALTIES FOR NON-COMPLIANCE


Imprisonment up to 6 months and/or fine up to Rs. 500 is imposable for contravention.


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


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

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PAYMENT OF WAGES ACT, 1936

The Payment of Wages Act, 1936 is one of the old enactments dealing with employer-employee relationship. The limited purpose of the Act is to ensure prompt and full payment of wages to persons employed in industry. 


APPLICABILITY
(a) Every person employed in any factory, upon a railway or through sub-contractor in a railway and any person employed in an industrial or other establishment.
(b) The Appropriate Government may by notification extend the provision to any class of person employed in any establishment or class of establishments.

ELIGIBILITY OF EMPLOYEES
Every person who is employed in any of the above mentioned establishments and who is drawing less than Rs. 10,000/- per month is eligible under the benefits of Payment of Wages Act, 1936.

BENEFITS UNDER THE ACT
The Act provides for regular and timely payment of wages on or before the expiry of 7th day of every month in cases of establishments employing less than 1,000 employees and on or before the expiry of 10th day of every month in cases of establishments with greater than 1000 employees. It also provides for prevention of unauthorised deductions being made from wages and charges of arbitrary fines.

OTHER IMPORTANT ISSUES
a.    Wages are required to be paid in current coin or currency notes or in both but not in kind. The written authorisation of an employee is necessary for payment by Cheque/credit to Bank A/c.
b.    The total deductions cannot exceed 75% of wages for payment to Co-op. societies and 50% in other cases.
c.    Every employer is required to maintain registers/records in Form No. I, II, III, IV to be kept for 3 years from last entry.
d.    Every employer is required to file Annual Return in Form V (In Maharashtra) regarding persons drawing gross wages below Rs. 1,000/- p.m.
e.    The nomination facility has been extended to all the eligible employees by filing a declaration in Form-I to receive the wages standing to his credit at the time of his death.
PENALTIES FOR NON-COMPLIANCE

Penalties prescribed are from Rs. 1,500-7,500. Repeat offences attract 1 to 6 months imprisonment and fine from Rs. 3,750-22,500. Delayed wage payments attract penalty of Rs. 750 per day of delay.


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Meaning of common LATIN terms used in LAW

Meaning of common LATIN terms used in LAW:


Ab Initio                                               : From the beginning
Ad hoc                                                  : For a particular purpose
Ad interim                                            : Temporary
Ad valorem                                           : In proportion to the value
Amicus Curiae                                      : Friend of the Court
Apropos                                                : To the purpose
De Jure                                                  : By right
De Novo                                                : Anew, once more
Ejusdem generis                                    : Of the same kind
Ex post facto                                          : Having retroactive effect
Fait accompli                                         : A thing already done ergo not worth arguing
Inter alia                                                 : Among other things
Ipso Facto                                              : By the fact itself
Mesne profits                                         : Profits derived by person in wrongful possession of property
Mutatis Mutandis                                   : With necessary changes in point of detail
Pari Passu                                               : In equal proportion
Per se                                                      : By itself
Pro rata                                                   : Proportionate
Res Judicata                                            : A matter already decided by judicial authority
Sine Qua non                                          : Essential pre requisite
Sub judice                                               : Before the court. Under judicial consideration
Sui Generis                                              : Unique
Suo Moto                                                : Of one’s own accord

Viva  Voce                                              : Oral examination


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Zones in Maharashtra under The Minimum Wages Act, 1948

There are several times question arise relating to what meant by Zones in Maharashtra under The Minimum Wages Act, 1948 for deciding wages for different categories of workers.

Therefore, as per The Maharashtra Minimum Wages Act, 1948, Zones in Maharashtra are as follows:

ZONE I: shall comprise of the areas falling within the limits of Municipal Corporation.

ZONE II: shall comprise of the areas falling within the limits of 'A' & 'B' grade Municipal Councils.

ZONE III: Shall comprise of all other areas in the state, not included in Zone I and Zone II.



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Medical Bonus under Maternity Benefit Act

  Under the Maternity Benefit Act in India, eligible female employees are entitled to receive a medical bonus as a form of financial assista...