Announcements by the Government of India & State Governments
Updated: 15thFebruary, 2021
Shops and Establishments Rules
The said alert is in continuation to the Telangana notification number G.O.Rt.No.106, dated 15th February, 2021.
In continuation to the alert on Ease of Doing Business of Telangana, dated 15th February, 2021, under the legislation of Telangana CLRA Rules, Inter-sate Migrant Workmen Rules & Telangana Standing Orders were used. The following changes are proposed under the Telangana CLRA Rules:
The following compliance points may get exempted as part of self-certification process. However, when we approached the Deputy Commissioner & Joint Commissioner, we were informed that the changes not yet been internally circulated. It isn’t evident whether an acknowledgement from the department has to be taken directly, or online. Hence, any changes / direction in rules or formats will be brought to the notice later.
1. Display of Abstract of the Act and Rules in English, Hindi and the language spoken by the majority of people - Exempted
2. Display of notice in English, Hindi and the language spoken by the majority of people - Provided wage and wage period are in conformity with the law.
3. Displaying notice of the wage period and place and time of the disbursement - Provided wage and wage period are in conformity with the law.
4. Annual lime washing or color washing of inside walls of canteen - If cleanness is maintained
5.Four monthly lime washing of Kitchen and walls of canteen - If cleanness is maintained
6. Payment of wages without any deduction - Provide wage in conformity with the law.
7. Presence of authorised representative of the principal employer during the disbursement of the wages - Provided wages are paid through.
8. Preservation of the records and registers for a period of three years. - Provided it is maintained in electronic form.
9. Production of books of accounts and registers and other documents to the inspector - Provided it is maintained in electronic form.
10. Production of the register and records before the inspector or the authority. - Provided it is maintained in electronic form.
Updated: 2ndMarch, 2021
The Government of Karnataka, vide notification No: E- LD 157 LET 2020 (P-1) dated 2nd March, 2021, has issued the draft of the Code on Wages Karnataka Rules, 2021. The Department of Labor has stated that they will be accepting objections for thirty days from the date of this notification.
The revised forms and detailed notification are attached.
The Government of Tamil Nadu, vide G.O. Ms. No. 7 dated 11th January, 2021, has issued a draft notification amending the Tamil Nadu Shops and Establishments Rules, 1948. The proposed significant changes are as follows:
(A) sub-rules (4) and (5) of rule 11 shall be omitted; i.e. 1 (4) Every employer shall maintain a Register of Fines, deductions for Damages or Loss and Advances in Form P provided that the signature or thumb-impression of the person employed shall be obtained in [Form P] immediately on the working day following the last day of the concerned month.
Every employer shall maintain a register of wages in [Form R] in his establishment.
(B) in rule 16, for sub-rule (1), the following sub-rule shall be substituted, namely:-
(1) (a) Every employer shall maintain.
(i) a Register of persons employed in Form -U
(ii) a Register of Employment in Form -V
(iii) a Register of Wages in Form-W
(iv) a Register of Leave and Social Security Benefits in Form -X
(b) The registers referred to in clause (a) shall be maintained either electronically or manually.
(c) Where the registers referred to in clause (a) are maintained in electronic form, the layout and presentation
of the registers may be adjusted without changing the integrity, serial number, and contents of the columns of the registers.
(3) Forms ‘P’,Q’ and ‘C’ shall be omitted.
Regulation of Employment and Conditions of Service
The Government of Odisha, vide draft notification no. LESI-LL2-LABGNC-0005-2020666/LESI, dated 29th January, 2021, has amended the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Odisha Rules, 1980. The application must be made in Form IX in electronic form thirty days prior to license expiry. All such applications will be deemed as license renewal. The notification also invites objections/suggestions to be filed in the next 45 days.
The Ministry of Labour and Employment, vide notification no. G.S.R. 143(E), dated 1st March, 2021, has issued the draft of Code on Wages (Central Advisory Board) Rules 2021, recommending the procedure and constitution of the Central Advisory Board. It invites objections/suggestions to be filed in the next 45 days.
The Government of Karnataka, vide notification, has revised the Minimum Wages w.e.f 1st April, 2021 to 31st March, 2022.
Please find the enclosed relevant notification and detailed minimum wage breakup.
The Government of Bihar, vide S.O. 78, dated 18th February, 2021, has issued the draft of Code on Wages (Bihar) Rules, 2021 and will be accepting the objections and suggestions from the public. These inputs may be addressed to Joint Labour Commissioner, Bihar or by E-mail: email@example.com.
The Government of Telangana, vide notification number G.O.Rt.No.106, dated 15th February, 2021, has minimised the regulatory compliance burden by exempting certain provisions of labour laws as part of ease of doing business.
PoSH is the short-form for the Act of 2013 that makes workplaces safe for women. To carry out the PoSH Act in the letter and in spirit, an organization has to execute certain procedures and requirements. They are detailed in this document.
The Government of Rajasthan, vide circular no. EODB/2020/4356, dated 17th February 2021, has introduced the maintenance of online registers and returns under various labour laws applicable in Rajasthan.
ESIC allows direct medical services from nearby empanelled hospitals without referral
Until now, insured persons and beneficiaries (family members) were required to go to an ESIC dispensary or hospital to obtain referral for hospitalization in empanelled as well as non-empanelled private hospitals.
Now, in case of non-availability of the ESI health care system i.e. Hospital/Dispensary etc., within a radius of 10 km of his/her residence, the Employees State Insurance Corporation allows its beneficiaries to avail medical services directly from any nearby hospital empanelled under ESIC without referral.
The Government of Karnataka, vide notification no. 08 of 2021, dated 19th February, 2021, has amended the provision for annual leave with wage under Section 15(7) of Karnataka Shops and Commercial Establishments Act, 1961. As per the said amendment, the establishments registered under the Act have to carry-forward annual leaves or a maximum accumulation of annual earned leaves of up to forty-five days for all employees instead of thirty days as it was earlier.
Government of Puducherry, vide notification no. G.O.Ms.No.02/AIL/LAB/G/2021, dated 15th Feb. 2021, has introduced Self Certification-cum-Online common Inspection Scheme for Shops & other establishments, also, based on complaints, inspections or surprise inspections shall be conducted by the Inspecting authority with specific permissions from the labour commissioner, under eight legislation, i.e. Puducherry S&E Act, Min wage Act, CLRA, Payment of wages Act, Payment of Gratuity Act, Payment of Bonus Act, Equal Remuneration Act, and Maternity Act.
EPFO facilitates Principal Employers to view their Contractor PF compliance
Further to our alert dated 12th February, 2021, contractor PF compliance updates are detailed as follows:
• The Principal Employer can register the details of contractors in their PF login. This registration of contractor/s can be made by entering the PF Establishment ID, Contract Start date, and upload of work order.
• Once the Principal Employer has added a contractor, they will be able to view the compliance linked to the contract employees working for them.
• The principal employer can upload the wages for the months which fall under the period of contract.
• Upload of the wages will help the Principal Employer compare the wages on which the contractor has actually paid the PF dues.
• Upon registration by the principal employer, the contractor will be able to view these details under the PF login.
• The contractor can see the period of contract and the copy of the work order. In case an error with respect to mismatch of details like contract period, discrepancy in work order is found, they can disagree and record the remarks on the portal.
• Such disagreement from the contractor appears immediately in the principal employer login.
• The Principal employer has an option either to edit the details based on the contractor’s remarks/delete the contractor details if there is no such engagement. Alternatively, they can re-confirm the data if no discrepancy is found.
Ascent Comments: As per The Employees Provident Funds and Miscellaneous Provisions Act, 1952 read along with the provisions of The Employees Provident Funds Scheme 1952, the principal employer is responsible for the compliance of the contractor. This new feature provided by The Employees Provident Fund Organization will help the principal employer track the compliance of the contractors as it gives visibility on the payments made by the contractor based on the work order/agreement.
This requires close co-ordination between the principal employer and the contractor for data exchange with respect to employees’ UAN and other related data. The principal employer should be able to update the details of the employees deployed by the contractor.
We will provide further updates on the best practices that can be adopted with respect to registration and review of contractor compliance in the next few days.
Updated: 13thFebruary, 2021
The Government of Kerala, vide notification dated 13th February, 2021, has revised the Minimum Wages w.e.f 1st December, 2020.
The relevant notifications and detailed minimum wage breakup are enclosed.
EPFO notifies a competent authority to approve member profile correction requests.
Member profile correction requests such as change in Name, Gender, Date of Birth and Father name are categorised into Minor and Major corrections. Minor corrections include expansion of initials, insertion of father name as middle name as per Aadhaar, and change in surname of female employees after marriage. Major corrections are changes in the complete name, Father name, or correction in more than two fields, which require documentary evidence.
APFC/RPFC II approves the minor corrections whereas RPFC I /RPFC II (OIC) approves the major corrections.
EPFO facilitates Principal Employers’ access to Contractor PF compliances
The Employees Provident Fund Organization has deployed a new facility in the Employer Unified Portal for principal employers to view EPF compliances of their contractors and contract workers.
Through this new facility, details of contractors, amount, tenure and UANs of contract employees can be added. Employee-wise remittances made by contractors can be viewed by principal employers, helping them regulate the payment to contractors accordingly.
The relevant notifications are enclosed.
ESIC extends medical benefits in Dharmapuri and Ranipet districts of Tamil Nadu effective from 01st February, 2021
The Employees State Insurance Corporation has notified the extension of medical benefits to the families of insured persons in the entire area of Dharmapuri and Ranipet districts in Tamil Nadu. It is effective from 1st February, 2021.
Maharashtra amended the Professional Tax Form IIIB into an electronic return. The Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Rules, 2021 has appended Form IIIB for electronic returns. It is effective from 1st April, 2021. The new format of the form is attached for reference.
The Government of Tripura, vide notification no. F.7(121)-FB/AM(Vol.-II)/2007/2199-07, dated 27th January, 2021, has amended the Tripura Factories Rules, 2007.
The amendments are:
1. Temperature in hygrometer has to be recorded, three times daily during working days at a proportional period of interval by a competent person approved by the inspector.
2. It further mandates the employer to provide personal protective equipment such as safety helmets, protective footwear, safety goggles, and spectacles, equipment for eye and face protection during welding, gloves and protective clothing, ear protection when exposed to noise, respiratory protection, etc. to all workers and the said equipment shall also conform to the relevant national standards.
The Government of Tripura, vide notification no.F.8(3)-Law/Leg-I/2021, dated 29th January, 2021, has introduced Tripura Shops and Establishments (Fifth Amendment) Ordinance 2021. As per the notification, the existing provision of registration of shops and establishments has been substituted. Henceforth, establishments only have to obtain trade license for pursuing business from the competent local authority through the department’s online portal - swaagat.tripura.gov.in.
The Government of Kerala vide notification no. G.O.(P) No.92/2020/LBR, dated 9th December, 2020, has introduced the Labour Commissionerate Automation System for the registration of license and payment under the Kerala Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983.
The Government of Kerala vide notification no, G.O.(P) No.93/2020/LBR, dated 9th December, 2020, has introduced the Labour Commissionerate Automation System for the registration of license and payment under the Kerala Contract Labour (Regulation and Abolition) Amendment Rules, 2020.
Further to our alert dated 6th January, 2021, under the Aatmanirbhar Bharat Rozgar Yojana scheme, the central government offers financial assistance of EPF contributions for new hires, based on the number of employees in the organization.
Frequently asked questions and answers are attached.
The Karnataka Labour Welfare Board further extends the Labour Welfare Fund remittance due date from 31st January, 2021 to 20th February, 2021
This follows our alert dated 15th January, 2021, wherein the body extended the Labour Welfare Fund remittance due date from 15th January, 2021 to 31th January, 2021.
Effective from the calendar year 2020, the Labour Welfare Board of Karnataka has made online registration mandatory to remit contributions of the Labour Welfare Fund. As many establishments are still facing technical issues, they requested an extension of the deadline. Accordingly, the Labour Welfare Board has decided to further extend the contribution remittance due date till 20th February 2021.
ESIC beneficiaries to get Health Services in all 735 districts of India from 1st April 2021.
The Employees State Insurance Corporation provides health services to Insured Persons through its health centres, dispensaries, and empanelled hospitals. As per the news release, the standing committee of the ESIC has approved provision of health services through hospitals and health centers empanelled under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (ABPMJAY).
To ensure availability of medical facilities in newly-implemented areas, a Memorandum of Understanding (MoU) is signed by ESIC with the National Health Authority. This facilitates ESIC Insured Persons to avail health services from ABPMJAY empaneled hospitals and ABPMJAY beneficiaries to access health facilities provided by ESIC hospitals and its health centers.
More information and detailed notification is anticipated from the ESIC department.
Updated: 22ndJanuary, 2021
Corporate Social Responsibility Policy
The Government of India vide notification number G.S.R. 40(E), dated 22nd January, 2021, introduced Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 as follows:
- Mandatory CSR project registration in Form CSR-1 w.e.f. 1st April, 2021
- Impact Assessment for big CSR projects
- Carry-forward and set off of CSR expenditure
- Annual action plan for CSR by Board every year in addition to CSR policy
- Tweaks in reporting formats of Board Report
- Mandatory disclosure of CSR projects and activities on website of company, if any
- Capital Asset acquisition and its holding broadly restricted to three bodies
- Transfer of unspent amount to Govt. notified fund in Schedule VII, unless specific fund is notified
- Disclosure in the Annual report under a separate section Annexure II format on CSR activities. This has to be included in the Board Report for the financial year on or after 1st April, 2020
The Government of Maharashtra vide draft notification no. No. ICE- 0220/C.R.18/Lab-6, dated 21st January, 2021, stated that the Employee’s Compensation Act, 1923, will be applicable to all the employees who come under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. It is a change from Schedule II, as per which only certain employee categories were covered under the Act.
The Government of Karnataka vide Order No. KaE 572 TNR 2020, dated 18th January, 2021, has directed all employers in the organized and unorganized sectors to grant leave with wages to their employees/workmen for work missed during their quarantine period due to COVID-19 infection. The quarantine leave shall be extended to those employees/workmen who are confirmed primary contacts of the infected persons.
The Government of Assam, vide notification no. GLR. 65/2019/47, dated 12th January, 2021, has introduced an auto-renewal scheme for certificates of registration and licenses under the following Acts:
(1) The Contract Labour (Regulation and Abolition) Act, 1970
(2) The Assam Shops And Establishments Act 1971
(3) The Inter-state Migrant Workmen (RE&CS) Act 1979
(4) The Factories Act, 1948.
The Labour Welfare department will issue a renewed certificate on receipt of the online renewal applications with a copy of the registered license, renewal fees, and a self-declaration. The same procedure will be followed for amendments as well.
Extension of due date for Labour Welfare Fund remittance
Further to our alert dated 22nd December, 2020, the Government of Karnataka has mandated online registration to remit contributions to the Labour Welfare Fund. Due to various issues faced during online registration, the Welfare Commissioner of Karnataka Labour Welfare Board has extended the due date for the remittance of the contribution from 15th to 31st January, 2021.
The Minimum Wages Act of 1948 dealing with how wages are administered and distributed has changed. In accordance with the Code on Wages, 2019, a consolidation of registers and filings is advised. Here is a conclusive list of the new rulings in the attachment.
Government of Gujarat vide notification no. GHR/2020/163/CLA/152020/415126/M(3), has issued draft Rules of the Contract Labour (Regulation and Abolition) Act, 1970 stating the below change in November 2020. After considering the objections, the rules are promulgated as follows:
1. Security Deposit has been increased from INR 270 /- to INR 540 /-
2. License & Registration fees have been increased as per the slabs mentioned in the enclosed notification
3. CLRA License renewal provision has been extended from 1 to 5 years with a fee as prescribed in the enclosed notification
4. Provisions of Rules 29 i.e. Application for renewal of license; provisions for Rules 30 i.e. Issue of duplicate certificate of registration and license; and provisions for Rules 32 i.e. grant of temporary certificate of registration and license under the Gujarat CLRA Rules; have been deleted and hence will not be required
5. Form V has been amended and is enclosed with the said notification
As part of Aatmanirbhar Bharat 3.0 package, the central government has launched the Aatmanirbhar Bharat Rozgar Yojana with an aim to create new employment opportunities during the COVID-19 recovery phase. Through this scheme, the central government offers financial assistance of EPF contributions for new hires, based on the number of employees in the organization.
EPFO declared interest rate of 8.50% for FY 2019-20
No: INV-INV-11/1/2020-INV/2025, dated 04th January, 2021.
Ministry of Labour and Employment approves crediting interest @8.50% for the financial year 2019-20 to the account of each member as per Para 60 of EPF scheme, 1952. EPFO, through the above notification number, has directed all Regional Provident Fund offices to credit the interest to all account holders at the prescribed rate.
Interest rate declared for the year 2018-19 was 8.65%. There is a dip of 0.15% basis points for the year 2019-20 when compared with 2018-19.
ESIC extends due date for Half yearly return (April 2020 to September 2020) till 15th January 2021
Employees State Insurance Corporation, exercising powers vested under regulation 100, has relaxed the provisions entered in regulation 26 of The Employees State Insurance (General) Regulations, 1950. It has extended the timeline to file the contribution return for the period April to September 2020 up to 15th January, 2021.
This return was due on 11th November, 2020 as the return has to be filed within 42 days from the end of half yearly contribution period that is September 2020.
This extension up to 15th January, 2021 is a one-time extension for filing the returns for the contribution period April 2020 to September 2020.
Supreme Court: Adjust dues against separation benefits
The Honourable Supreme Court of India in a Judgment, M/s Steel Authority of India Ltd. Vs. Raghbendra Singh & Ors., dated 15th December, 2020, has permitted employers to adjust employees’ dues with their retirement benefits including the gratuity payable.
In the said case law, the employee was provided a house as an accommodation benefit by the employer. As the employee did not vacate the said quarters immediately after separation, the expenses needed to be recovered by the employer. The bench headed by justice Sanjay K Kaul, decided that there is no prohibition against recovering such dues – including penal rent and the penalty for overstaying in official accommodation – from the employee’s gratuity payable.
Government of Odisha vide notification no. 7182/25M(6) N8/20, dated 22nd December, 2020, has increased the threshold limit of CLRA applicability for contractors and principal employers from 20 to 50 in the State of Odisha.
The Government of West Bengal vide notification no. 166/703/Stat/2RW/29/2016/LCS/JLC, dated 31st December, 2020, has revised the Minimum Wages w.e.f 1st January, 2021. The detailed increase of minimum wage is provided in the enclosed excel.
The Government of Karnataka vide notification no. E-LD4LET 2019 (P), dated 02nd January, 2021, has extended the permission to keep open 24x7 all Shops and Commercial Establishments in the State employing ten or more persons. For women working night shifts, the conditions prescribed in the notification are valid for a period of three years from this date.
Model Standing Orders for the Service, Manufacturing and Mines Sectors
The Ministry of Labour and Employment vide notification no. G.S.R. 814 (E), dated 31st December, 2020, has published Draft Model Standing Orders for the Service Sectors, Manufacturing Sectors and Mines. The Ministry has invited objections and suggestions from industries/persons who are impacted by these changes. They have to be sent within thirty days from the publication of the notification. Section 29 of the Industrial Relations Code - 2020 empowers the Central Government to model standing orders relating to conditions of service and other matters incidental thereto. The standing orders shall be drafted by the employers as per the model standing orders with respect to the First Schedule of the Act.
The objections and suggestions may be addressed to Shri Sanjeev Nanda, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No 17, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by e-mail – firstname.lastname@example.org.
The Model Standing Order for Service Sectors includes Work From Home Options, subject to conditions of appointment or agreement between employer and workers. It makes AADHAAR mandatory to the joining process.
These Orders will extend to all States and Union Territories in India with industrial establishments employing 300 or more workers who are covered under the Occupational Safety, Health and Working Conditions Code, 2020. The rules are made under the control of Central Government or the State Government engaged in the respective sectors.
Madhya Pradesh vide notification no. 1227-1893-2019-A-XVI, dated 23 Dec. 2020, has issued draft Madhya Pradesh Code on Wages Rules, 2020. Authorities are accepting the objections/suggestions for the said draft through mail to the address given in the notification or through the official email ID's email@example.com or firstname.lastname@example.org. Post receipt of suggestions/ objections the draft rules will be taken into consideration after the expiry of forty five days from the date of publication of the said notification. Whereas the date of implementation shall come into force on the date of their publication of the official gazette.
Government of Chandigarh vide notification no. 6/1/1-IH(I)-2020/13639, dated 18-12-2020, has issued for Public holiday list for the year 2021 for all the establishment, banks/entities registered under negotiable Instruments Act, 1881
Goa permits Auto-renewal of registration & licensing process under various labour laws as listed below.
Government of Goa vide Notification No. 24/27/2020/LAB/1110, dated: 17th Dec. 2020, has introduced auto-renewal systems for Certificates / Registrations / License upon prescribed online payment of fees under the followings Acts for Goa & Daman & Diu:
(a) Registrations under the Goa, Daman and Diu Shops and Establishments Act, 1973 and the Goa, Daman and Diu Shops and Establishments Rules, 1975.
(b) License under the Contract Labour (Regulation and Abolition) Act, 1970 and the Goa, Daman, and Diu Contract Labour (Regulation and Abolition) Rules, 1972.
(c) License under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Goa, Daman and Diu Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1982
The said auto renewal is subject to conditions as prescribed in the said notification.
The State Government of Uttarakhand, vide attached order no. 4869 Miscellaneous / 2020, on 22nd December 2020, has issued an Order to all industrial/commercial establishments and shops of the state to update the registers under the various Labour Acts and Manuals in computerized (digital format).
It is for the effective implementation of the Ease of Doing Business scheme operated by the Government of India, on the condition that a copy of the relevant registers is presented to the inspector during the inspection of the establishment.
Government of Jammu and Kashmir, vide order no.1160-JK(GAD) of 2020, dated:24th December 2020 has issued the holiday list for the establishments registered under the Negotiable Instruments Act, 1881 for the calendar year 2021.
Online filing of annual returns and notices - EoDB
The Government of Odisha vide, notification no.LESI-LL2-LABGNC-0005-2020-5457/LESI, dated 28th October 2020, has introduced online mode for filing of Combined Annual Return, Reports, and Notices.
It is for those establishments employing 20 or more workers under the enactments mentioned below, as a part of Ease of Doing Business initiative:
(a) The Odisha Factories Rules, 1950
(b) The Odisha Payment of Wages Rules 1936
(c) The Odisha Minimum Wages Rules, 1954
(d) The Odisha Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2002
(e) The Odisha Contract Labour (Regulation And Abolition) Rules, 1975
(f) The Odisha Inter-State Migrant Workmen (Regulation of Employment & Condition Of Services) Rules, 1980
(g) The Odisha Shops And Commercial Establishments Rules,1958
(h) The Odisha Motor Transport Workers Rules, 1966
(i) The Odisha Industrial Establishments (National And Festival) Holidays Rules, 1972
(j) The Odisha Beedi and Cigar Workers (Conditions of Employment) Rules, 1969
(k) The Odisha Labour Welfare Fund Rules, 2015, (12) The Odisha Maternity Benefit Rules, 1965
The Government of Odisha vide notification no. LESI-LL2-LABGNC-0005-2020-5451/LESI, dated: 28th October 2020, has directed all establishments to maintain, preserve, issue and produce (during inspection) records and registers in electronic formats online. As part of the Ease Of Doing Business initiative, the registers, records, wage slips, employment cards, and service certificates, etc. are to be maintained in prescribed forms.
This is applicable to the establishments employing twenty or more workers, under the below state enactments:
(a) The Odisha Factories Rules, 1950
(b) The Odisha Payment of Wages Rules 1936
(c) The Odisha Minimum Wages Rules, 1954
(d) The Odisha Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2002
(e) The Odisha Contract Labour (Regulation And Abolition) Rules, 1975
(f) The Odisha Inter-State Migrant Workmen (Regulation of Employment & Condition Of Services) Rules, 1980
(g) The Odisha Shops And Commercial Establishments Rules,1958
(h) The Odisha Motor Transport Workers Rules, 1966
(i) The Odisha Industrial Establishments (National And Festival) Holidays Rules, 1972
(j) The Odisha Beedi and Cigar Workers (Conditions of Employment) Rules, 1969,
(k) The Odisha Labour Welfare Fund Rules, 2015,
(l) The Odisha Maternity Benefit Rules, 1965
Online application for licenses and renewals - all establishments
Government of Odisha, vide notification no. LESI-LL2-LABGNC-0005-2020-5463/LESI, has mandated all establishments to file applications for registration, grant of licenses, renewal, amendment, transfer, certification, enrolment and approval to the specified authorities electronically / online.
The following are the legislations under which the above applications can be made:
(a) The Odisha Factories Rules, 1950
(b) The Odisha Boilers Rules, 1971
(c) The Odisha Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2002
(d) The Odisha Contract Labour (Regulation And Abolition) Rules, 1975
(e) The Odisha Inter-State Migrant Workmen (Regulation of Employment & Condition Of Services) Rules, 1980
(f) The Odisha Shops And Commercial Establishments Rules,1958
(g) The Odisha Motor Transport Workers Rules, 1966
(h) The Odisha Beedi and Cigar Workers (Conditions of Employment) Rules, 1969
(i) The Odisha Trade Unions Regulations, 1941
(j) The Odisha Industrial Employment (Standing Orders) Rules, 1946
(k) The Odisha Industrial Establishments (National And Festival) Holidays Rules, 1972
For the ease of doing business, the Government of Gujarat, vide resolution no. LBL/191015/897992, dated 7th December 2020, has amended and included annexure IV and annexure V (Part M) in Self-certification cum Consolidated Annual Return, where register under Form D under Equal Remuneration Act - 1976, needs to be maintained at the place of work.
The list of Holidays for 2021 is declared by AP, Guntur Zone under National Festival & Other Holidays, vide notification number Rc. No. B/1098/2020 for factories and Shops and Commercials Establishments.
In contradiction to the legal alert circulated on 17th December 2020 was received. The earlier notification no. DPAL 18 Shasana 2020 repealed various regional laws and amendments of Karnataka, including LWF amendment of 6th April 2017, dated 12th January 2020. Now, we have received the attached press note from the welfare commissioner of Karnataka Labour Welfare Board, directing the Labour Welfare Fund contributions of Rs. 40 /- (Employer) & Rs. 20 /- (Employee) to be continued online.
The welfare fund contributions and payment can be done online through www.klwb.karnataka.gov.in for the employees reflecting in the muster roll on 31st December, 2020
The last day to pay contribution is 15th January 2021 and delay may attract penal provisions.
Atma Nirbhar Bharat Rozgar Yojana is a scheme introduced by the Government of India to incentivise the creation of more jobs. According to the scheme, the Government will give subsidy to establishments for new hires.
The Government of Karnataka, vide no. LGL-2/other/CR-45/2020-21 dated 11th December 2020 Director of Factories has directed to facilitate the eligible voter to exercise their franchise and vote in the forthcoming Gram Panchayat Election. The Panchayat Election is to be conducted in 30 Districts for 5762 Panchayats Bodies on Tuesday 22nd December 2020 and on Sunday 27th December 2020. The detailed list of constituencies is enclosed.
The Government of Karnataka has repealed certain enactments and regional laws Act including the Karnataka Labour Welfare Fund (Amendment) Act 2017, where, vide notification no. 617, dated 1st December 2020, has revisited the older contributions as per Section 7A of the Karnataka Labour Welfare Fund Act, 1965. Employers will now have to deduct the Welfare Fund contribution at the rate of Rs.6/- per employee whose names stands in the register of an establishment as on December 31st and the employer contribution is reduced to Rs.12/- per employee which has to be remitted in total to the Labour Welfare Commissioner. It may be noted that the earlier contributions were at Rs.40/- and Rs.20/- for employer and employee respectively.
Hence, the contribution deduction for the year ending 2020, i.e. December 2020 would be Rs.6/- for employee and Rs.12/- for employer.
Some important provisions of the Act maybe noted hereunder:
a. The applicability as per Karnataka Labour Welfare Fund Act – 1965, is fifty or more persons present on any working day during the preceding twelve months.
b. LWF provisions are applicable to the employees employed for wages to do any skilled or unskilled, manual or clerical job in an establishment. Hence, LWF contributions are not applicable to employees who are Supervisors, Managers and highly-skilled or above category employees.
Also, to note, it is the Employer’s responsibility to collect employee’s contribution and remit the contributions (i.e. both Employee’s and Employer’s together) for the employees reflecting in muster roll in 31st December 2020 through online payment after the new registration process of each organization through the online link https://klwbapps.karnataka.gov.in/contribution/register and list of employees maybe shared through the same link (attached process flow as ready reference). The notification of introducing online web link is awaited from the department.
The Government of Assam, vide Notification No.GAGA.139/2015/230, has declared 17th December 2020. as a public holiday within the jurisdiction of Tiwa Autonomous Council Area Districts on account of election to the General Council of Tiwa Autonomous Council, 2020. All the Government/Non-Government offices, PRIs, Urban Local Bodies & Business Establishments including Banks, Tea Gardens and Industries, etc. within the specified jurisdiction will remain closed on the day of the poll.
The Government of Karnataka, vide notification no. 668 LA, Bill No. 68 of 2020, dated 9th December 2020, has proposed to increase the threshold limit to carry forward un-utilised earned leaves from thirty to forty-five days.
EPF Act provisions are applicable to private security agencies.
The Honorable Supreme Court has dismissed civil appeal nos. 4434-4435 of 2010 stating that the provisions of Employees Provident Fund Act are applicable for private security agencies providing personnel to its clients, provided it meets the requirement of the EPF Act.
It also laid down an important principle of law that an assessment under section 7 A and applicability of the Act can be made on the basis of balance sheets, in absence of submission of relevant statutory records by the employer. Hence the liability calculation may be based on the relevant ledgers of the audited financials in the absence of relevant employee records.
This Judgement was issued in a plea filed by Panther Security Service which provides private security guards to its clients on payment basis as per the provisions of Private Security Agencies Regulation Act, 2005.
The above provides clarity that the PF department has the authority to conduct such 7A enquires on security agencies provides they fall under the ambit of the provisions of PF Act.
TheThe Government of National Capital Territory of Delhi, Labour Department vide. Order dated 7th December, 2020 has notified the applicable Rates of Minimum Wages in Delhi. The rates shall be effective from 1st October 2020.
The Government of National Capital Territory of Delhi, Labour Department vide. Order dated 7th December, 2020 has notified the applicable Rates of Minimum Wages in Delhi after adjustments of the average consumer price index of the period from July to December 2019 and January to June 2020 which shall be payable for all the categories of workers w.e.f. 1st April, 2020 with Dearness Allowance respectively
The Government of Kerala vide G.O.(MS) No.230/2020/GAD, dated 1.12.2020, has declared paid holiday to all institutions governed under Negotiable Instrument Act and other Govt./quasi Govt establishments, factories, industrial centres, plantations & private institutions under Shops & Commercial Establishments, on occasion of general election to local self-Government Institutions in Kerala. The election was on 8th December 2020 for Thiruvanathapuram and other zones as mentioned; on 10th Dec. 2020 for Kottayam and other areas as mentioned; and on 14th Dec. 2020 in Malappuram and other areas as mentioned in the notification.
The Government of Madhya Pradesh vide notification no.03/01/2020/1902-55(2), dated 19/11/2020, has amended MP Shops and Establishment Act, 1958 by which shops and commercial establishments maybe allowed to operate without closing one day in every week, provided every employee is allowed a paid weekly holiday by the employer.
The Government of Punjab, vide notification no.G.S.R. 98/C.A.63/1948/S.112/Amd.(34)/2020, has implemented The Punjab Factory (Amendment) Rules, 2020.
The significant changes as per the amended rules are:
a. The member of the leading technical institution in the State of Punjab and Chandigarh offering Civil or Structural Engineering courses shall be the competent person for carrying out tests, examination, inspection and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process of plant and equipment located in a factory as stipulated in the act and the rules. Such certification from the Institute shall be signed by the Head of the Civil or Structural Engineering Department and Head of the Institution.
b. No additions, alterations, or extensions in the existing factory as specified in the mentioned Schedule shall be without prior acceptance by the Chief Inspector.
c. The application for submission of the plans shall be uploaded by the Occupier or Manager along with the supporting documents on the portal (pblabour.gov.in) of the Chief Inspector.
d. The license shall be renewed for one year digitally through automatic mode if there is no change in particulars of license from the previously granted or renewed license and other conditions required by Government. The application for the renewal of the license shall be made in Form 2-B and renewal application to be filed 30 days before such before such license expires to avoid 25 % penalty on the same.
e. The Chief Inspector may exempt any factory from an ambulance and medical facility subject to such conditions that there is an empanelment of a hospital or nursing home of minimum twenty beds at a travel distance of not more than two kilometres from the main gate of the factory and also there should be a provision of ambulance van in the premises of the factory.
f. Occupier or factory Manager can maintain the registers in an electronic or digital format with time stamp, geo-positioning and digital signatures of the occupier or factory manager in the same format as specified for the said registers in the rules. Notification attached for detailed reference.
The Government of Andhra Pradesh, vide No. G.O.Ms. No.8, has introduced Self Compliance Certification/Third Party Compliance Certification 2020 instead of departmental inspections. As per the attached order, the frequency of inspection of factories shall be based on the potential risk of the factory which is as stipulated:
The frequency of inspection is classified as per the risk level mentioned in the department's CIS portal.
a. All the High-Risk factories shall be once in a year
b. All Medium Risk factories shall be once in two years
c. All the Low-Risk factories shall be once in three years.
Empanelment of third parties for Compliance certification been introduced and the third party shall be individuals or firms. The factories are grouped as per the Annexure II of the notification based on the risk level.
The Government of Andhra Pradesh, vide G.O.Ms. No.10, has permitted establishments to maintain records under major twenty four labour legislations in electronic or digital registers instead of manual registers, which includes Shops Act, CLRA Act, Factories Act, BOCW, PoW Act, MB Act, MW Act, PoG Act, ID Act, IE (SO) Act, etc.
The Government of Andhra Pradesh, vide G.O.Ms. No.9, has introduced an online remittance of contributions under the Andhra Pradesh Labour Welfare Fund Act, 1987. As per the notification, all contributions from employee and employer under the Andhra Pradesh Labour Welfare Fund Act, 1987, shall be mandatorily remitted through the online department portal https://labour.ap.gov.inorhttp://aplabourwelfareboard.ap.gov.inor the Meeseva website at https://onlineap.meeseva.gov.in
To improve ease of doing business, the Government of Andhra Pradesh, vide No. G.O.Ms. No. 11, has introduced a single Form for registration under the Andhra Pradesh Shops and Establishment and Trade License for a wide range of Establishments/Trades/Shops on the e-municipal system and m-panchayat system. Only after the payment of the requisite fee for registration under both Acts (S & E & TL), instant registrations under Andhra Pradesh Shops and Establishments Act and the provisional trade license will be issued.
The Government of Gujarat vide Resolution no. FAC / 142020 / 456894 / M3, dated 26th November 2020, has mandated to attach fire NOC along with application of new or renewal of factory registrations. Existing factories which do not have fire NOC, need to apply for the same and submit a copy to the respective authority immediately.
The Governor of Haryana vide notification No. F.W./Election-2020/5948, has declared paid poll holiday on 15th December 2020, to enable the eligible adult workers who are working in the Factories of the State of Haryana and are enrolled as the voters at Sarpanch, Gram Panchayat Nissing (Gramin), Block Nissing, Distt. Karnal, to enforce their voting rights.
The Government of West Bengal, vide notification no. Labour/1700/ESTT, dated 1st December 2020, has directed employers to pay the employer's and employee's contribution under West Bengal Labour Welfare Act, 1974 through the department's Portal.
The Government of West Bengal, vide notification no. Labour/1699/ESTT, dated 1st December 2020, has given clearance or permissions to all organizations to maintain records under labour regulations in electronic form. Establishments are now allowed to maintain all statutory registers and records under various labour laws in online storage and/or in a single digital platform.
The Government of West Bengal, vide notification number. Labour/1697/ESTT, dated 1st December 2020, has introduced auto-renewal of licenses for organizations registered under the Factories Act, 1948, Contract labour (regulation & Abolition) Act, 1970 and Inter State Migrant Workmen(RE&CS) Act, 1979. The auto renewal is subject to payment of prescribed license fees through online portal and based on self-certification in case of no amendment suggested which has been already updated in the department's database.
The Government of Gujarat, vide notification no. GHR/2020/152/CLA/152020/415126, has issued the Draft Rules of the Contract Labour (Regulation and Abolition) Act, 1970 by which the following changes may be brought into effect on expiry of thirty days from the date of publication of this notice, through a separate gazette notification.
Security Deposit will be increased from INR 270 to INR 540.
License & Registration fees may be increased as per the slab mentioned in the enclosed notification.
CLRA License renewal provision will be extended from 1 to 5 years, as per the prescribed fee in the enclosed notification.
Provisions of Rules 29 - Application for renewal of license, Rules 30 - Issue of duplicate certificate of registration and license, Rule - 32 - Grant of temporary certificate of registration and license of the Gujarat CLRA Rules, will be deleted.
"Labour Commissionerate Automation System" and auto-renewal of S&E Registration Certificate
The Government of Kerala, vide notification number No. 15354/Leg.C2/2020/Law. dated 9th November, 2020 has introduced "Labour Commissionerate Automation System” to cater end to end solutions to the employers, employees and Labour Administrators. Application for the renewal of Shop and Commercial Establishment's registration certificate shall be made at least thirty days advance before the expiry of the period. On making the payment of renewal fee, the registration certificate shall be automatically renewed.
The Government of Punjab, vide notification number 21/46/2017-2L/1754, dated 17th November, 2020, has migrated the electronic interface from http://www.pblabour.gov.in to http://www.pbindustries.gov.in (known as Punjab BusinessFirst portal). It is introduced for eliminating physical interaction with department and to bring transparency. The portal accepts applications, payment of fees, tracking, monitoring and download of the final signed approval certificate. The department has ordered applicants not to physically appear before the authority for submission of application or any other documents. All the queries raised through the said portal will be addressed within seven days and all critical stages will be updated through registered mobile number or email.
The Government of Punjab, vide notification Order No. 21/46/17-2L/1747, dated 17th November, 2020, has permitted the maintenance of registers under 25 labour legislations in electronic form for ease of doing business.
The Government of Maharashtra has waived off the security deposit settlement under Shop & Establishment and Factories which was required to be done earlier as per slab with Self Certification cum consolidated annual return scheme. However, self-certification cum consolidated annual return scheme and processing fees process still continues under 5.1 paragraph.
The Government of Maharashtra Vide notification no. MISC- 2015/CR- 76/Desk Lab-9 dated 25th November, 2020, has waived off the security deposit fees prescribed under paragraph no. 5.2 from resolution (Self Certification cum consolidated annual return scheme) dated 23rd June, 2015.
The Government of Puducherry, vide order no 1703/DRDM/DM/D2/2020/120 dated 24th November 2020 has issued a probationary order prohibiting presence or movement of persons in public places in entire Puducherry due to the Cyclone Nivar. The authority has ordered all the Shops and Establishments to close from 9:00 PM on 24th November 2020 6:00 AM to 26th November, 2020, subject to further revision.
Public Holiday On 25th November, 2020, Due to Cyclone
The Government of Tamil Nadu, vide Government order G.O. Ms. No. 596, dated 24th November 2020, has declared a public holiday under the Negotiable Instrument Act, 1881 for all Government offices, including the office of the local body, due to forecasted landfall in the coastal areas due to Cyclone 'Nivar' in Tamil Nadu State. The Chief Minister has announced public holiday in the coastal region.
The Labour department has not issued any such notification, hence establishments may grant holiday and allow employees to work on any weekly off as compensatory for the cyclone leave.
The Government of Madhya Pradesh, vide notification number No.F-I-4-2020-A-XVL, dated 19th November, 2020, has introduced third party Certification to inspect dangerous machines, hosts and lifts, lifting machines and lifting tools, and pressure vessels. Labour Commissioner may recognize and appoint any person who has the required qualifications to become a third party certifier.
Any person /institution who want to be a certifier can apply using Form 36-B or 36-C through the labour portal. The third party cerifier on appointment by the appropriate authority shall not be deemed to be a public servant.
The Government of Haryana, vide notification no. 7231-7374, dated 24th November, 2020, has ordered all applicable establishments to deposit LWF contributions through the department's online portal - hrylabour.gov.in
Compulsory Registration of Factories under KPME Act
The Government of Karnataka, vide Circular No. No.LGL-2/Others/CR-24/2020-2021, dated 25th September, 2020, has made registration under Karnataka Private Medical Establishment Act, 2007 mandatory for all the factories that are registered and falling under the purview of Rule 88 & Rules 92 of Karnataka Factories rules, 1969. It is now compulsory to provide Occupational Health Centre and Ambulance Room respectively. Management has to register all OHC / Ambulance room falling under their jurisdiction to register under the KPME Act in consultation with District Health and Family Welfare Department.
The Government of Karnataka, vide notification No.CASE 12 HHL 2020, dated 21st November, 2020, has issued the list of holidays for the year 2021 for all the establishments and banks registered under the Negotiable Instruments Act, 1881.
The Government of Chattisgarh, vide notification number No. F-1-1/2020/1/5, dated 15th September, 2020 has issued the list of holidays for the year 2021 for all the establishments and banks registered under the Negotiable Instruments Act, 1881.
Applicability of Bihar factories has been enhanced
The Government of Bihar, vide notification no. 01-09/2020/6332, dated 18th November, 2020, has increased the threshold limit for applicability of factories, which are operating with the aid of power to twenty and factories operating without aid of power to forty. State Government may by notification exempt new establishments from the provisions of the Act for 1000 days from the days on which such commercial production start.
The Government of Bihar, vide notification 01-10/2020/6335, dated 18th November, 2020, has amended the threshold limit for applicability under Industrial Disputes (Bihar Amendment) Act, 2020 to three hundred. New establishments taking confidence from State Government, when it is necessary for the public interest, maybe exempted from the provisions of the Act for 1000 days from the commencement of establishment.
The Government of Bihar, vide notification no. 01-11/2020/6329, dated 18th November, 2020, has amended the applicability of Contract Labour (Regulation and Abolition)(Bihar Amendment) Act, 2020. The threshold limit been increased from 20 to 50 for Contractors and Principal Employers.
Changes have been proposed in the Indian Labour Laws to simplify the compliance process and to facilitate ease of doing business.
It combines laws under various labour legislations and consolidates 29 Acts into four integrated codes.
Government of West Bengal vide notification no. No. 3100 -F(P2}, Dated the 5th November, 2020 has issued public holiday list for the year 2021 which is applicable for all establishments, financial institutions and banks registered under negotiable instruments Act, 1881.
Quarantine Leave for employees infected with COVID-19
Government of Karnataka Vide Notification KAE 66 KaBaNi 2020 dated 06.11.2020 has issued advisory to all employers on grant of quarantine leave to employees or workmen infected with COVID-19. The guidelines prescribed under the said notification are in accordance to an advisory issued by the High court in response to Writ Petition bearing no. WP No. 9009/2020.
Please see the guidelines below:
1. Absence of an employee on account of quarantine due to COVID-19, should not to treated as unauthorised absence.
2. Employees may avail existing leave balance during the quarantine period or during any treatment for COVID-19.
3. The employer may grant leave to employees who are infected with COVID-19 if they are not covered under ESIC, and enable them to quarantine.
4. Employers may facilitate leave transfer / swap for enabling employees to utilize the leave balance of his/her colleagues to undergo quarantine. This can be facilitated through leave banking facility within the organisation.
5. Employers may grant an advance leave credit to employees who do not have any available leave balance, thereby enabling them to quarantine.
6. In the event that Employers are unable to grant any leave due to lack of leave balance, they are encouraged to consult with their employees to arrive at an amicable solution and evaluate the possibility of granting special leaves, enabling the employees to quarantine.
Notification of draft rules under the Industrial Relations Code, 2020
The Union Labour and Employment Ministry, vide notification no. G.S.R. 684(E), dated 29th October, 2020 has published the draft rules. The Ministry has invited objections, suggestions, and comments from the public for 30 days, after which the final gazette will be issued.
These rules supersede the Industrial Tribunal (Procedure) Rules, 1949, the Industrial Tribunal (Central Procedure) Rules, 1954, the Industrial Disputes (Central) Rules, 1957 and the Industrial Employment (Standing Orders) Central Rules, 1946.
The Government of Gujarat, vide notification no. GS/33/2020/PHD/102020/500/GH, dated the 28th October, 2020 has issued the public holiday list for the year 2021 which is applicable for all establishments, financial institutions, and banks registered under the Negotiable Instruments Act, 1881.
LTA Cash Voucher scheme was launched for central government employees on 12th October, 2020. As per the scheme, the employees can now buy goods and services that are applicable for GST at 12% & above through digital mode and claim it under LTA exemption.
The Government of Haryana, vide notification #EIec-2020/IR-II/PSCEIHol/ 8859 dated 14th October, 2020 has declared 3rd November, 2020 as a paid holiday for all employees who are eligible voters of Haryana 33-Baroda Assembly Constituency Sonepat working in Shops and Commercial Establishments.
ESIC increases medical bonus from Rs.5000/- to Rs.7500/-
Further to our alert dated 30th July 2020 on Draft notification of ESIC proposed to increase medical bonus, now the Ministry of Labour and Employment has notified the revised amount of Rs.7500/- through gazette dated 27th October 2020.
As per ESIC rule 56(A), monetary benefit in the form of medical bonus is given to the insured pregnant women or wife of an insured person, in case they cannot avail maternity services in ESIC dispensaries. An amount of Rs.5000/-per delivery is provided as confinement expenses, given that confinement occurs at a place where necessary medical facilities under the ESIC are not available. This expense is paid for 2 deliveries only.
This has now been revised to Rs.7500/- per delivery.
The Government of Tamil Nadu, vide notification no. G.O.Ms. No.554, dated the 27th October, 2020, has issued a list of public holidays for the year 2021 which is applicable for all establishments registered under the Negotiable Instruments Act, 1881.
The Government of Karnataka, vide notification No.471 dated 19th October, 2020 has issued regulation of employment of women during night which comprises sixteen conditions. Non-compliance by any establishment shall lead to cancellation of the Registration Certificate.
The Government of Punjab, vide notification No.21/07/2015-5L/1521 dated 14th October, 2020, has declared 3rd November, 2020, as a paid holiday for all employees (who are eligible voters of Haryana) working in the factories, in districts adjoining the state of Punjab.
To further the ease of doing business, the Government of Meghalaya, vide notification no. LBG.39/2014/Pt/228 dated 14th October, 2020, has introduced an online inspection system. The objective of such an introduction is to foster transparency, simplicity, and accountability during the time of any inspection.
The online inspection system covers the offices of the Labour Commissioner and Chief Inspector of Boilers and Factories. The frequency of inspection is dependent on the risk level and the system monitors and ensures the allotment of inspection frequency.
The inspection report is submitted under the concerned labour laws to the appropriate authority through online central inspection system, within 72 hours of the inspection.
The Government of Haryana, vide notification No.9439 dated 21st october 2020, has introduced a system of auto-renewal for licenses under:
1. The Haryana Contract Labour (Regulation & Abolition) Act, 1970
2. The Haryana Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
Furthermore, the notifications states that:
1. The Auto-renewal is subject to payment of annual renewal fees and duration of such renewed licenses shall be for one year.
2. Auto renewal of licenses shall be applicable only if there is no change in the desired fields (such as: name of occupier, name & address of
the establishment etc.)
3. The prescribed fee for Auto-renewal of licenses shall be deposited through the website of the Labour Department of Haryana, at: https://hrylabour.gov.in.
The Government of Karnataka vide circular dated 09.10.2020 has declared 03.11.2020 as paid holiday on behalf of Vidhana Sabha Election to be held in Sira and Raja Rajeswari Nagar constituency . The circular has directed all factories, shops and establishment, to declare paid holiday on the day of polling to enable the eligible employees to exercise their voting right.
All Factories or Establishments irrespective of the location where it is situated has to provide a paid holiday to all employees who have voting rights in the said constituency. Due to if an eligible employee has to work on such day he has to be given sufficient break to cast his vote.
The Government of Telangana, vide notification no. G.O.Rt. No.1539, dated 14th October 2020, has declared holiday on 14th and 15th October 2020, for all institutions in the banking sector, i.e Banks & Financial Institutions registered under the Negotiable Instruments Act, 1881.
The notification has not specified if the holidays apply to Factories, Shops, and Establishments.
The Rajasthan Factories and Boilers Inspection Department has implemented an Auto Renewal System. This is now applicable for renewal of factory licenses under the Factory Act, 1948. Owing to the ease of doing business initiative of the Government of India, stakeholders may now opt in for an Auto Renewal Option.
To Implement the recommendation of ease of doing business initiatives of the Government of India, the renewal procedures for procuring Certificates/registrations/Licenses for establishments is hereby simplified. An auto renewal system will generate the said Certificates/registrations/Licenses through the E-Governance Portal of the Labour Department of Karnataka. The same shall be made available upon the payment of the prescribed Statutory Fees.
Auto Generation of Licenses and Permits have been mandated under the following:
1. Registrations under the Karnataka Shops and Establishment Act, 1961
2. Licenses under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
3. License under the Contract Labour (Regulation and Abolition) Act, 1970
4. License under the Factories Act, 1948 Under this provision, the applicant/ business need not file any separate application. The applicant can download the digitally signed approval certificate through department's portal.
EPFO has launched the functionality for bulk transfer of funds from exempted establishments to RPFC through a single payment. This facility will increase the speed of funds transfer for exempted establishments.
ESIC issues guidelines for COVID-19 safety measures at workplace
The Employees State Insurance Corporation has issued important guidelines to employers and workers to prevent the spread of the Corona virus.
The guidelines helps to identify the risk levels at individual workplace settings in the office premises and to determine appropriate control measures. Guidelines for structural and administrative measures and changes in human resource policies are also issued along with the Do’s and Don’ts by employers & workers are highlighted to contain the spread of the Corona virus.
The need to formulate contingency plans such as cross training of employees, managing deliverables with higher absenteeism are also stressed to maintain continuity in business activities with keeping the workforce safe.
The Karnataka High court, vide order dated 11th September 2020, has issued a stay order on the notification
#LD 72 LWA 2020, about minimum wages dated 20th July, 2020, which had said that employers can defer the payment of increased DA
till March, 2021. As per the stay order, establishments now have to pay the revised minimum and cannot defer the payment of
minimum wages till further order from the Court.
The Occupational Safety, Health, and Working Conditions Code, 2020
The Government of India, vide notification #37 of 2020, dated 29th September 2020 has issued the
Occupational Safety, Health, and Working Conditions Code 2020. The act is introduced to consolidate and amend the laws
regulating the occupational safety, health, and working conditions of persons employed in an establishment.
The Occupational Safety, Health, and Working Conditions Code replaces the following thirteen legislations:
1. Factories Act, 1948
2. Mines Act, 1951
3. Dock Workers (Safety, Health, and Welfare Act, 1986
4. The Building and other Workers (Regulation of Employment and Conditions of Service) Act, 1996
5. The Plantations Labour Act, 1951
6. The Contract Labour (Regulation and Abolition) Act,1970
7. The Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act, 1979
8. The Working Journalist and other Newspaper Employees (Conditions of Service and Misc. Provision) Act, 1955
9. The Working Journalist (Fixation of rates of wages) Act, 1958
10. The Motor Transport Workers Act, 1961
11. Sales Promotion Employees (Condition of Service) Act, 1976
12. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
13. The Cine Workers and Cinema Theatre Workers Act, 1981
The Government of India, vide notification #36 of 2020, dated 29th September, 2020, has issued
the Social Security Code. The act is introduced to amend and consolidate the laws relating to social security
with the goal to extend social security to all employees and workers either in the organised, unorganised,
or any other sectors.
The Social Security Code replaces the following nine legislations:
1. The EPF and M.P. Act, 1952
2. The ESIC Act, 1948
3. The Maternity Benefit Act, 1961
4. The Building and other Construction Workers Cess, Act
5. The Payment of Gratuity Act, 1972
6. The Employees Exchange (Compulsory Notification of Vacancies) Act, 1959
7. The Cine Workers Welfare Fund Act, 1981
8. The Unorganized Workers’ Social Security Act, 2008
9. The Employees Compensation Act, 1923
The Government of India, vide notification #35 of 2020, dated 29th September, 2020,
has issued the Industrial Relations Code, 2020. The act is introduced to consolidate and amend the laws relating to
Trade Unions, conditions of employment in industrial establishments or undertaking, investigation, and settlement of
The code replaces the following three legislations:
1. Industrial Employment (Standing Orders) Act, 1946
2. Industrial Disputes Act, 1947
3. Trade Unions Act, 1926
Further to the extension of unemployment benefits under the Atal Bimit Vyakti Kalyan Yojana, the ESI corporation has
enabled a new feature in the www.esic.in IP portal to facilitate online submission of unemployment claims directly with
the respective ESIC Branch office.Click here to submit your claims.
Government of Telangana vide notification number G.O.Rt.No. 289 dated 17/09/2020 for Ease of Doing Business has
exempted The Inter–State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 from
periodic renewal of license. The license is deemed to be renewed subject to timely payment of renewal fee and within
the prescribed time limit.