Advocate Girish Jayram

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 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.

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. 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. ...

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. 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 ...

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.

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. 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.

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. 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.

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. 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.

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 surgic...

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.b...

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. 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 ...

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, 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.   

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). 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...

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. 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...

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 em...

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 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.

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. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. 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...

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...

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. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: I...

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. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. 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 informat...

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. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind....

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 ...