Notifications

Announcements by the Government of Gujarat
All Notifications
State

Gujarat

Updated: 13th March, 2023

Enforcement of ESI provisions in Gandhinagar

The Central government, vide notification No.S.O.1191(E),dated,13th March, 2023, will be implementing following provisions of Employees’ State Insurance Act, 1948 in all the areas of Gandhinagar district, in addition to the already notified areas of the said district, in the state of Gujarat effective from 1st April, 2023.

• Sections 38 (All applicable employees to be insured)

• Section 39 (All applicable members to Contribute)

• Section 40 (Principal employer to pay contributions in the first instance)

• Section 41 (Recovery of contributions to be done by the immediate employer)

• Section 42 (General provisions as to payment of contributions to be followed)

• Section 43 (Method of payment of contributions to be followed for all applicable members)

• Section 45A to 45H (Determination of contributions in certain cases, appellate authority, recovery of contributions, issue of certificate to the recovery officer, recovery officer to whom certificate is to be forwarded, validity of certificate and amendment thereof, stay of proceedings under certificate and amendment or withdrawal thereof, other mode of recovery, application of certain provisions of the Income Tax Act)

• Section 46 (Benefits) to Section 73 (Employer not to dismiss or punish employee during period of sickness, etc.) of Chapter V; and Section 74 (Constitution of Employees’ Insurance Court)

• Section 75 (Matters to be decided by the Employees’ Insurance Court)

• Sub-sections (2) to (4) of section 76 (Institution of proceedings, etc.),section 80 (Benefits are not admissible unless claimed in time), section 82 (Appeal) and section 83 (Stay of payment for pending appeal) of Chapter VI.

Gujarat

Updated: 5th November, 2022

Holiday List 2023

The Government of Gujarat, vide notification No. GS/16/2022/PHD/102022/603/GH, dated, 5th November, 2022, has published the holiday list for 2023 under the Negotiable Instruments Act, 1881.

Refer to the 4th page of the notification.

Gujarat

Updated: 30th September, 2022

Minimum Wages Revision

The Government of Gujarat, vide notification No. SrA.6/T.3/6 57 to 611/2022, dated 30th September, 2022, has revised the minimum wages for shops and establishments with effect from 1st October, 2022 to 31st March, 2023 as below:
Scheduled Employment Category of workers Zone       Basic Salary per day Dearness Allowance per day Total Wages / Salary per day Monthly Wages for 26 days
Shops and Establishments Unskilled I 276 87.30 363.30 9445.80
Semi Skilled I 284 87.30 371.30 9653.80
Skilled I 293 87.30 380.30 9887.80
Unskilled II 268 87.30 355.30 9237.80
Semi skilled II 276 87.30 363.30 9445.80
Skilled II 284 87.30 371.30 9653.80

Refer to the attached notification (in vernacular language) for further details.

Gujarat

Updated: 8th April, 2022

Amendment of Profession Tax slabs

The Government of Gujarat, vide notification No. GHN-35-PFT-2022-S.3(2)(10)-Th, dated 8th April, 2022, has amended the Gujarat State Tax on Professions, Trades, Callings and Employments Act, 1975 making the employees who are earning a monthly salary or wage up to Rs. 12000/- as fully exempted from payment of Profession Tax. As per the new slab, Profession Tax for the employees who are earning salary or wages more than Rs. 12000/- per month will be Rs 200. This will be effective from 1st April, 2022.

Gujarat

Updated: 31st March, 2022

Minimum Wages revision

The Government of Gujarat, vide notification dated 31st March, 2022, has revised the minimum wages for Shops & Establishments effective from 1st April, 2022 as below:
Scheduled Employment Category of Workers Zone Basic Salary per day Dearness Allowance per day Total Wages / Salary per day Monthly Wages for 26 days
Unskilled I 276 83.30 359.30 9341.80
Semi-Skilled I 284 83.30 367.30 9549.80
Skilled I 293 83.30 376.30 9783.80
Unskilled II 268 83.30 351.30 9133.80
Semi-Skilled II 276 83.30 359.30 9341.80
Skilled II 284 83.30 367.30 9549.80

Gujarat

Updated:24thNovember, 2021

Holiday List for 2022

The Government of Gujarat, vide notification No. GS/20/2021/PHD/ 102021/431/GH, dated 24th November, 2021, has published the notification on Holiday List for the year 2022.

Gujarat

Updated: 16th November, 2021

Draft Code on Social Security Rules, 2021

The Government of Gujarat, vide notification No. - GHR/2021/145/PGA/172021/24659/M3, dated – 16th November 2021, has published the draft notification on Code on Social Security (Gujarat) Rules, 2021. These rules, when they come into effect will supersede the Gujarat Maternity Benefit Rules, 1964, The Payment of Gratuity (Gujarat) Rules, 1973, The Gujarat State Unorganised Worker’s Social Security Rules, 2011, and the Gujarat Workmen’s Compensation Rules, 1967. One may raise any objection(s) or suggestion(s) with regards to these draft rules which may be sent to The Deputy Secretary, Labour and Employment Department, 5th Block, 6th Floor, Sachivalaya, Gandhinagar or by email ds-labour-led@gujarat.gov.in, within forty-five days from the date of publication of the said draft rules.

Gujarat

Updated: 5th October, 2021

Industrial Relations Rules, 2021

The Gujarat Government, vide notification No. KHR-2021-129-IDA-122020-539471-M(2), dated 5th October 2021, has finalized the Industrial Relation (Gujarat) Rules, 2021. This new Rule will supersede The Gujarat Trade Union Regulations, 1963; The Bombay Industrial Employment (Standing Order) Rules, 1959 (as applicable to Gujarat), and The Industrial Disputes (Gujarat) Rules, 1966.

Note: Although the final Rules have been published, the provisions will be effective once “The Industrial Relations Code, 2020” (which is in the draft stage) becomes effective.

The salient features of the Rules are:
• Written agreement for the settlement before the conciliation officer between the employer and the worker(s) will be in Form-I.

• Every Industrial Establishment employing 20 or more workers shall have one or more Grievance Redressal Committee(s). These shall consist of equal number of members representing the employer and the workers, and shall not exceed 10. There shall be adequate representation of women workers in the Grievance Redressal Committee(s). Such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment. The tenure of the Grievance Committee shall be for two years. If there is a Trade Union, tenure of the members of the Grievance Redressal Committee shall be coterminous with the tenure of the members of the registered Trade Union.

• Grievance may be raised within one year from the date on which the cause of action of such dispute arises and can be complained before the Grievance Redressal Committee.

• If any worker is aggrieved by the decision of the Grievance Redressal Committee or if the grievance is not resolved by the said committee within 30 days of the receipt of the application, such workers may file an application to the Conciliation Officer within 60 days from the date of the decision by the said committee.

• If the employer chooses to adopt the model standing order drafted by the Central Government, then the employer can intimate the same to the certifying officer electronically by mentioning the date on which the model standing order will be adopted. The certifying officer may, after doing some additions or deletions in the said standing order, certify the same. If the response is not received from the certifying officer within the period of 30 days, then, the standing order shall be deemed to have been adopted by the employer.

• The certifying officer may forward the draft of the standing order to the Trade Union/ worker; and, the Trade Union or the workers representative shall submit their objections, if any, within 15 days of the receipt of the draft standing order.

• Provision has been made for the submission of joint draft standing order by the employers engaged in similar Industrial Establishment to the commissioner/ Director of labour as the case may be for the certification.

• The Standing Order should be maintained in Gujarati and in English.

• Notice of change in the service condition should be given to Trade Union/ such worker who is effected by such change in Form-II and should be displayed.

• Arbitration agreement will be in Form-III.

• Notice of strike to the employer, endorsing a copy to the conciliation officer will be in Form- VI.

• Notice of Lock Out to the Trade Union with a copy to the concerned conciliation officer and Commissioner/ Director of labour will be in Form –VII, and should be displayed.

• Notice of retrenchment/ closure of Industrial Establishments, shall be served 60 days and 30 days before the commencement of Closure/ Retrenchment, respectively to the State Government and to the Deputy Commissioner of Labour in Form – VIII.

• If any vacancy arises, intimation of the same should be given to the retrenched worker and preference should be given to the retrenched worker.

• Application for Retrenchment / Closure/ lay-off by the employer to the State Government should be in Form – IX.

• Application by the employer to the State Government for the closure of establishment should be made at least 90 days before the intended date of closure.

• Every employer who has retrenched a worker, shall, within 10 days at the time of retrenching a worker shall electronically transfer an amount equivalent to 15 days of last drawn wages of retrenched worker to the Labour and Employment department. The fund so received shall be transferred by the State Government to respective worker within 45 days of the receipt of the fund. The details of worker retrenched, amount, and the worker’s account number also should be submitted by the employer to the state government.

Gujarat

Updated: 8th October, 2021

Revised Minimum Wages

The Government of Gujarat, vide Notification No. A.2.T.3/1123/2021/1144, dated 8th October 2021, has revised the minimum wages for all the scheduled employment effective from 1st October 2021 as follows.
Scheduled Employment Category of Workers Zone Basic Salary Dearness Allowance Total Wages / Salary per day Monthly Wages for 26 days
Shops and Establishments Unskilled I 276 72.00 348.00 9048.00
Semi-Skilled I 284 72.00 356.00 9256.00
Skilled I 293 72.00 365.00 9490.00
Unskilled II 268 72.00 340.00 8840.00
Semi-Skilled II 276 72.00 348.00 9048.00
Skilled II 284 72.00 356.00 9256.00
Foot note: The revised minimum wages w.e.f 1st October 2021 got reduced compared to the earlier minimum wages. As per the provision of ID act, PF act, and ESI act, it is not recommended to reduce salary or wages of an employee. However, for new employees with effect from 1st October 2021, it may be offered as per above revised minimum wages.

Gujarat

Updated: 5th October, 2021

Code on Wages Rules, 2021

The Government of Gujarat, vide notification No. KHR/2021/128/LVD/10/2020/ 555709/M(2), dated, 5th October 2021, has finalised its Code on Wages (Gujarat) Rules, 2021. This Rules will supersede The Payment of Wages (Procedure) Rules, 1937; The Gujarat Payment of Wages Rules, 1963; The Gujarat Payment of Wages (Unclaimed Amounts) Rules, 1963; The Gujarat Payment of Wages (deductions for national Defence Fund and Defence Savings Scheme) Rules, 1964; The Payment of Wages (Manner of Recovery of Excess deductions) Rules, 1967; The Gujarat Minimum Wages Rules, 1961; and The ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017.

Note: Though the final Rules been published, however, it will be effective once The Code on Wages, 2019, which is in draft stage yet, becomes effective.

The salient features of the Rules are as follows.

• Inspector will be renamed as Inspector-cum-Facilitator.

• Spread-over time will be 12 hours.

• Weekly-off can be substituted with compensatory off, but, employee should not be working for more than 10 days consecutively, without rest for whole day. Also, employees may be given substituted rest day before or after 5 days of the weekly-off day when he will be present.

• If an employee works on his rest day, such employee should be paid wages at overtime rate and should be given a substituted rest day.

• If an employee works on night-shift, next whole day should be given as rest day for such employee.

• For emergency work and for employees whose employment is essentially intermittent, some exemptions are given in working hours, provided spread-over hours should not be extending more than 16 hours and actual working hours should not extend beyond 9 hours.

• The total recovery/ deduction in a month should not be more than 50 percent of the monthly wages.

• Notice of fines should be displayed in the establishment and a copy of the notice should be sent to the Inspector-cum-Facilitator. Approval should be taken from the Assistant Commissioner of Labour before imposing the fine on the employees.

• Deduction for Absence should be intimated to the Inspector-cum-Facilitator within 10 days from the date of such deduction, if deductions from employee is more than one wage-period or if relates to prescribed condition related to strike.

• When making deduction for damages or loss, explanation should be given to the concerned employee in person and in writing and opportunity should be given to offer their explanation. Intimation should be given to the employee within 15 days from the date of such deduction.

• Deductions for recovery of loans and levy of interests on the same should be as per the Government regulations.

• If any amount payable to an employee is due after his death or his whereabouts not being known and the amount could not be paid to the nominee of the employee, then after the expiry of three months from the date when it became due should be deposited with the Labour Welfare Commissioner or the Assistant Commissioner of Labour who will disburse the same to the nominee. Labour Welfare Commissioner or the Assistant Commissioner of Labour will need to settle the same to nominees/ heirs, etc. within two months.

• If any amount payable to an employee remains undisbursed because of no nomination or for any other reason, such amount should be deposited with the Labour Welfare Commissioner/ Assistant Commissioner of Labour within 15 days after the expiry of six months from the date when the amount has become payable.

• All fines, deductions, all realisation shall be recorded in a Register Form –I.

• If there is any claim by the employees for which the employer has failed to comply, then the employee or the Trade Union can make an application for the same to the authority in Form-II.

• Muster Roll and Wages Register will be in Form – IV

• Wage Slips should be issued to the Employees within 5 working days of making the payment of wages in Form – V

• The principal employer should pay to its labour contractor the amount payable to contract employees before the date of payment, in order to pay the wages by 7th of the succeeding month.

• If the labour contractor has failed to pay the minimum bonus to his employees, then the principal employer will be liable to pay such payment to the employees only upon the receipt of written information of such failure from the employee or the Trade Union.

Gujarat

Updated: 11th August, 2021

Labour Welfare Fund (Amendment) Rules, 2021

The Government of Gujarat by its notification No. KHR/2021/106/GWB/122021/79421/M(2), dated 11th August, 2021, has amended the Labour Welfare Fund (Gujarat) Rules 1962. It has deleted the rule for maintenance of Register in ‘Form A’ (Register of Wages) under Rule 3-AA, sub-rule (1), clause (a), as muster roll-cum-wages register gets maintained under the payment of wages Act 1936 and / or other rules, hence, Form ‘A’ appendix been deleted too.

Gujarat

Updated: 23 rd June, 2021

The Inter-State Migrant Workmen Rules, 2021

The Government of Gujarat by its notification No. GHR/2021/82/LBL/192020/510460/M3, dated 23rd June, 2021, has amended The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Gujarat) Rules 1981 with the following changes: · In case of electronic way of salary disbursement, separate authentication by signature or thumb impression in a muster roll, register and return, may not be required from migrant workers and contractors for establishments, which are not covered under the Payment of Wages Act 1936, The Minimum Wages Act 1948, and The Contract (Regulation and Abolition Act) 1970. · It has removed the provisions of display of Licenses in establishment, audit of accounts pertaining to canteen, display of the abstracts of the Act and Rules.

Gujarat

Updated: 14thJune, 2021

Contract Labour (Regulation and Abolition) Rules

AMENDMENT TO THE CONTRACT LABOUR REGULATION AND ABOLITION RULES 1972, GUJARAT

The Gujarat Government has deleted some of the Rules under the Gujarat CL(RA) Rules, 1972 by its notification No. GHR/2021/81/LBL/192020/510460/M3, dated 14th June 2021. The Rules which are deleted are – Rule 47, Rule 50, Rule 79, 80 Sub rule (1), Rule 81 Sub Rule (2) & Rule 82.

Under Rule 47, the charges for food stuffs, beverages and any other items served in the canteen should have been based on no profit no loss and shall be conspicuously displayed in the canteen.

Under Rule 50, it was mandatory to audit the accounts pertaining to the canteen once in every 12 months by the registered accountant and auditor.

Under Rule 79, relates to the Display of Abstracts of the Act and the Rules, under this rule it was mandatory to display the Abstracts of the CLRA Act and Rules in the establishment.

Under Rule 81 sub rule (2), an employer had to send a copy of the notice which is displayed under Rule 81 (1) to the Inspector showing the rate of wages, hours of work, wage periods, dates of payment of wages, name and address of the Inspector having jurisdiction and the date of payment of unpaid wages.

This amendment has deleted the words “or at a place within a radius of three kilometers” which is coming under Rules 80 Sub rule (1) which made it mandatory to keep all the registers and records within the radius of three kilometers from the establishment.

Form XXIV and Form XXV under Rule 82 has been deleted and substituted by new rule which tells that the employer can file the consolidated annual return in Annexure - V as prescribed under the self-certification-cum-consolidated Annual Return Scheme under the Gujarat Labour Laws (Amendment) Act, 2015. This return can be filed online between 1st January and 1st March every year.

Gujarat

Updated: 8 thApril, 2021

Minimum Wages

The Government of Gujarat, vide notification dated 08th April, 2021, has revised the Minimum Wages w.e.f 1st April, 2021 to 30th September, 2021.

Gujarat

Updated: 31stMarch, 2021

Code on Wages Rules

The Government of Gujarat, vide notification no. KHR/2021/29/LVD/10/2020/555709/M(2), dated 31st March, 2021, has issued a draft of Code on Wages (Gujarat) Rules, 2021. The department accepts the objections/suggestions from the public for forty-five days from the date of this notification. The objections and suggestions may be shared via the official email Id. i.e. ds1-led@gujarat.gov.in or can be mailed to the deputy secretary, Government of Gujarat, Labour Department , Block number. 5, 6th floor, New Sachivalaya, Gandhinagar before the due date.

Gujarat

Updated: 31st December, 2021

Contract Labour Act

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

Gujarat

Updated: 7th December, 2020

Equal Remuneration Act

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.

Gujarat

Updated: 26th November, 2020

NOC for Factory Registrations

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.

Gujarat

Updated:26th November, 2020

Contract Labour Act

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.

Surat, Gujarat

Updated: November, 2020

Commercial Establishment Rules

The Surat Municipal corporation has issued new forms to be filed under Gujarat Shops and Commercial establishment Rules, 2020.

Gujarat

Updated: 28th October, 2020

Holiday List 2021

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.

Gujarat

Updated: 1st October, 2020

Minimum Wages

The Government of Gujarat, vide notification Dated 1st October, 2020, has revised the Minimum Wages w.e.f 1st October 2020.