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Delhi

Updated: 28th December, 2022

Advisory to Principal Employers and Contractors to register on the EPFO Portal

The Office of the Commissioner (Labour) Government of NCT of Delhi, vide circular No- F.No. Addl.LC/Lab/EPFO/2022/7556-7558, dated 28th December 2022, had released an advisory to all the Principal Employer and the contractors to register themselves on the unified portal of EPFO i.e. https://unifiedportal-emp.epfindia.gov.in.

The Employees’ Provident Fund Organization launched this portal for the Principal Employers to log in and view the EPF compliances for their contractors and contract workers. All the Principal Employers and contractors, irrespective of whether they are covered under the Contract Labour (Regulation and Abolitions) Act, 1970 or not, but are governed by the EPF and MP Act, 1952 are advised to get themselves registered in the said portal, and monitor the compliance done by the contractors.

Delhi

Updated: October, 2022

Exemption for warehouses from opening and closing hours, and close day

Government of NCT of Delhi, vide notification No. CIS/Exemption(CIS-01)/Lab/2022/, has exempted all the Warehouses in National Capital Territory of Delhi from the provisions prescribed under Section 15 and 16 of the Delhi Shops and Establishments Act, 1954 by amending schedule I of Delhi Shops and Establishments Act, 1954, subject to certain terms and conditions specified in the notification.

Section 15 and 16 of the said Act lay down certain conditions on Shops and Commercial Establishments with respect to opening and closing hours and close day. Extract of section 15 and 16 of the Delhi Shops and Establishments Act, 1954 is provided below for your reference:
15. Opening and closing hours of shops and commercial establishments
(1) No shop or commercial establishment on any day, be opened earlier than such hour or closed later than such hour, as may be fixed by the Government by general or special order made in that behalf. Provided that any customer who was being served or was waiting to be served in any shop or commercial establishment at the closing hour so fixed may be served during the period of fifteen minutes immediately following such hour.
(2) Before making an order under sub-section (1), the Government shall hold an inquiry in such manner as may be prescribed.
(3) The Government may, for the purposes of this section, fix different opening hours and different closing hours for different classes of shops or commercial establishments or for different areas or for different times of the year.

16. Close day
(1) Every shop and commercial establishment shall remain closed on a close day.
(2) In addition to the close day, every shop and commercial establishment shall remain closed on three of the National holidays each year as the Government may [by notification in the Official Gazette] specify.
(3) (i) [The Government may, by notification in the Official Gazette, specify a close day for the purposes of this section and different days may be specified for different classes of shops or commercial establishments or for different areas.
(ii) Notwithstanding anything contained in sub-section (1), the occupier of any shop or a commercial establishment may, open his shop or commercial establishment on a close day, if such a day happens to coincide with a religious festival, "or the Mahurat day", the day of the commencement of the financial year of the establishment concerned, provided a notice to this effect has been given to the Chief Inspector at least twenty-four hours before the close day and that in lieu thereof the shop or the commercial establishment is closed on either of the two days immediately preceding or following that close day.

As per the amendment, the above referred provisions of Delhi Shops and Establishments Act, 1954 will not be applicable for Warehouses in NCT of Delhi.

Delhi

Updated: 14th October, 2022

Minimum wages revision

The Government of NCT of Delhi, vide notification No. F-NO- (142)/02/MW/VIII/Part file/5972-5986, dated 14th October, 2022, has revised the minimum wages for all the scheduled employments with effect from 1st October, 2022 as below:
Employee Category Minimum rates of wages
Basic per month VDA Per Month Total per Day Total per Month
Unskilled 14842 1950 646 16792
Semi-Skilled 16341 2158 712 18499
Skilled 17991 2366 783 20357
Clerical And Supervisory Staff - Non Matriculate 16341 2158 712 18499
Clerical And Supervisory Staff - Matriculate but not graduate 17991 2366 783 20357
Clerical And Supervisory Staff - Graduate and above 19572 2574 852 22146
Refer to the notification for more details.

Delhi

Updated: 14th December, 2021

Holiday List 2022

The Government of Delhi, vide notification No. F.53/461/GAD/CN/2021/4090-4138, dated 14th December, 2021 has published the Holiday List for 2022.

Delhi

Updated: 26thNovember, 2021

Draft Rules on Code on Wages

The Government of Delhi, vide notification No. F. 15(75)/Lab/2021/4588, dated 26th November 2021, has published a draft on Code on Wages (Delhi) Rules, 2021. This draft will be taken into consideration after 30 days from the date of its publication.

Objections or suggestions are invited and can be sent to: The Additional Secretary (Labour) (HQ) at labjlc2.delhi@nic.in or mailed to the Government of National Capital Territory of Delhi, 5, Sham Nath Marg, Delhi- 110054, before the expiry of 30 days from its publication.

Delhi

Updated: 15th November, 2021

Shops and Establishment Rules, 1954

The Delhi Government, vide notification No.15(52)/Lab/2021/4506, dated 15th November 2021, has amended the Delhi Shops and Establishment Rules, 1954.

The following changes have been brought about as per the Amendment:
• Application for registration will be online.
• On submission of application online, the Registration certificate will be generated online.
• For notifying any change in the information given to the Registering authority, the time period has been increased from 15 days to 30 days, after the change has been taken place and this can be done online.
• Schedule I of the Shops & Establishment Rules, 1954, will be deleted, which speaks about the exemptions to certain establishments from the provisions of the said Rule.
• Schedule II of the Shops & Establishment Rules, 1954, will be deleted which speaks about certain employees who would be exempted from certain provisions of the said Rule.
• Form H & I will be deleted and Form “G” (Register of Wages/Deductions/Over Time/Advances) has been reformatted which can be referred in the attached notification.

Delhi

Updated: 10th November, 2021

Chhat Pooja declared as Public Holiday

Government of NCT of Delhi, through the order exercised by Deputy Chief Minister, has declared 10th November 2021 as a public holiday on account of ‘Chhat Pooja’.

Refer to the attached order. Relevant notification maybe issued later.

Delhi

Updated: 11th November, 2021

Revised Minimum Wages

The Delhi Government, vide notification No F.No.12(142)/02/MW/VIII/Part file/4456, dated 11th November 2021, has revised the Minimum Wages for all the Scheduled Employment with effect from 1st October 2021 as follows:

  Minimum rates of wages
Employee Category Basic Per Month VDA Per Month Total Per Day Total Per Month
Unskilled 15492 572 618 16064
Semi-skilled 17069 624 681 17693
Skilled 18797 676 749 19473
Clerical And Supervisory Staff - Non Matriculate 17069 624 681 17693
Clerical And Supervisory Staff - Matriculate but not graduate 18797 676 749 19473
Clerical And Supervisory Staff - Graduate and above 20430 754 815 21184

Delhi

Updated: 14th October, 2021

Advise on Payment of Bonus

The Government of Delhi (Labour Department) has published an advisory bearing No. F.No.15.(46)/Lab/2020/4175, dated 14th October 2021, advising all the private establishments and the Government establishments on the payment of bonus to the workers engaged through contractors.

This advice has been given by the Delhi Labour Department in the light of various complaints received from the outsourced workers regarding non-payment of bonus. The Labour Department has highlighted some of the provisions of Payment of Bonus Act, 1965 which mandates every establishment employing 20 or more employees to pay bonus to their employees within eight months of the close of the accounting year. However, all the contractors/ establishments have been advised to pay the bonus to their employees by forthcoming Deepawali festival as a part of customary process. In case of any default, the employers/ contractors will be liable for prosecution and the bonus due will be recovered as the arrears of land revenue. Attention to the Principal Employers also drawn to the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 which makes Principal Employer liable to ensure compliance of the various labour laws including Payment of Bonus Act, by the respective contract labour/ contractor.

Delhi

Updated: 24th September, 2021

Shops and Establishments Rules

The Delhi government, vide notification No. 15(52)/Lab/2021/3618-3626, dated 24th September 2021, has published its draft rules further to amend the Delhi Shops and Establishments Rules, 1954. The draft will be taken up for consideration after the expiry of a period of 15 days from the date of its publication. The objections and suggestions are invited and maybe sent to the Additional Secretary (Labour), C-Block, 5, Sham Nath Marg, Delhi-110054. Following changes will be applicable, if this draft rules come into effect:

• Application for registration will be online.
• On submission of application online, the Registration Certificate shall be generated online.
• For notifying any change in the information given to the Registering authority, the time period has been increased from 15 days to 30 days after the change has been taken place and this can be done online.
• Schedule I of the Shops and Establishments Rules, 1954, will be deleted, which speaks about the exemptions to certain establishments from the provisions of the said Rule.
• Schedule II of the Shops and Establishments Rules, 1954, will be deleted which speaks about certain employees who would be exempted from certain provisions of the said Rule.
• Form H & I will be deleted and Form “G” has been reformatted which can be referred in the attached notification.

Delhi

Updated: 17thSeptember, 2021

Extension of deadline for seeding of AADHAAR with UAN

The Hon’ble High Court of Delhi has given an interim relief to employers by extending the period for seeding the Aadhaar number with UAN to 30th November 2021. Earlier, the EPFO had specified the deadline as 1st September 2021, after which the employers would not have been able to remit monthly PF and allied dues of their employees whose Aadhaar numbers are not seeded with UAN, and the employer would be liable for any legal/ statutory/ membership/ service delivery aspects affecting their employees.

The Hon’ble Court further directed the EPFO to not take any coercive action against the employer for late deposit of PF dues for wage month May 2021, if the PF contributions were remitted by the employer between 15th June 2021 to 20th June 2021 due to overnight change in EPF online software which had led to delay in remitting the contributions.

The Hon’ble court further directed the EPFO to appoint a Grievance Redressal Officer at the local level of EPFO offices to provide assistance to employers and to ensure that deposits are received irrespective of UAN being seeded with Aadhaar or not.

This Order from the Hon’ble Delhi High Court has come as a result of writ petition filed by Association of Industries and Institutions, Punjab Chapter challenging the EPFO circular, dated 1st June 2021.

This is an interim relief and the final order is awaited, which will decide about the validity of the Circular.

Delhi

Updated: 11th August, 2021

Muharram Holiday

Government of India vide O.M No.12/13/2016-JCA-2 dated 11th August 2021, has changed/revised the holiday on account of Muharram from 19th August 2021 (Thursday), to 20th August 2021 (Friday).

Accordingly holiday on account of Muharram is declared on 20th August 2021 (Friday) for all Government offices under Government of National Capital Territory of Delhi and as well as under Section 25 of the Negotiable Instruments Act 1881.

Delhi

Updated: 28 th July, 2021

ESIC Provisions

ESIC extends its provisions to certain classes of Establishments in Delhi: The Central Government in consultation with ESIC by its notification number S.O. 2985 (E) dated 28th July, 2021, with effect from 1st Day of August 2021, has extended the provisions of the ESIC Act to certain classes of establishments specified in column (1) and situated within the areas specified in column (2) of the schedule hereto, all casual & contractual employees:

SCHEDULE

Description of Establishment Areas in which Establishments are situated Category of employees to whom the Act applies
(1) (2) (3)
The following establishment wherein ten or more persons are employed or where employed on any day of the preceding 12 months, namely Municipal corporations/Council, established under central/ State legislation All the areas in the national Capital Territory of Delhi where employees’ State Insurance Act 1948 has already been brought in to force under Sub Section (3) of Section 1 of the Act All Casual and Contractual employees

Delhi

Updated: 5 th July, 2021

Online and time bound services

Government of Delhi vide order no F.No.15(30)/Lab/2021/23/7 dated 05th July 2021 has introduced the online and time bound services to facilitate the establishments in complying various statutory provisions relating to registration, license, permission and certificate. The establishments may adopt a ‘common display’ for compliance under existing labour laws.

Delhi

Updated: 18 th June, 2021

Minimum Wages

The Government of Delhi, vide notification no. 12(142)/02/MW/VII/Partfile/2044-2055 dated 18th June 2021, has issued the minimum wages for establishments located in Delhi effective from 1st April 2021.

Delhi

Updated: 28th May, 2021

Integration of S&E registration & SPICE+

The Government of Delhi, vide order no. PA/Addl.I.C/Lab /2021/1859, dated 28th May 2021, has integrated the Delhi Shops and Establishment registration process with SPICE+ portal under the Ministry of Corporate Affairs.
The MCA portal provides a single window for 11 different services which include single application for companies incorporation, PAN, TAN, ESIC, PT, GST, etc. Also, subsequent registration for different branches after incorporation may be directly applied on the Labour portal at https://labourcis.nic.in.

Delhi

Updated: 14th May, 2021

Labour Department

The Government of Delhi, vide circular no. F.No.PA/Addl.LC/Lab/2021/499, dated 14th May, 2021, has directed all principal employers employing (or who have employed during last 12 months) workers through outsourcing to mandatorily register with the Labour Department through the e-district portal of Govt of NCT of Delhi on the link: https://edistrict.delhigovt.nic.in . The registration under inter-state migrant workmen is mandatory when 5 or more inter-state migrant workmen are employed. The circular also directs contractors to issue a passbook for every interstate migrant workman containing details of such workmen who shall be provided benefits as per the Act. The circular states that principal employers and contractors shall strictly follow the statutory provisions as mentioned in the Act to avoid legal action. The labour department has made operational the Shramik Helpline (155214) where migrant workmen can seek assistance and guidance. Sh. Gurumukh Singh, Jt. Labour Commissioner (01125492133, lablcsw@gmail.com), will act as Nodal Officer to address the grievances for such workmen.

Delhi

Updated: 07th December, 2020

Minimum Wages October

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.

Delhi

Updated: 07th December, 2020

Minimum Wages April

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

Delhi

Updated: 10th November, 2020

Holiday list for the year 2021

The Government of Delhi, vide No. F. 53/401/GAD/CN/2020/3376-3424, dated 10th November, 2020, has declared Public Holidays in the National Capital Territory of Delhi for the year 2021.