Labour Law Gazette Notifications (Updates) Of November-2021: “The One Clik”

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Enforcement Of Provisions Towards ESIC In Thanjavur and Coimbatore Districts of Tamil Nadu

ESIC vide circular No. S.N-15011/1/2021 has extended the implementation of the Employee’s State Insurance Act, 1948 in the entire area of Thanjavur and Coimbatore districts in the state of Tamil Nadu effective from 1st November 2021. This is in addition to the already implemented area of these districts.

ESIC Circular On Submission Of Document For Late Registration

ESIC vide circular No.72.U.11.2020.Misc.(Late Registration) has notified that relevant documents to be submitted to the concerned RO/SRO in prescribed proforma within fifteen days of the issue of show cause notice in case of request made through online by employer for change in date of registration. Therefore, all employers are also requested to submit necessary documents within stipulated time and failing to submit may reject late registration.

The Haryana State Employment of Local Candidates Act, 2020

Governor of Haryana vide notification No. Lab/25467/25478/2021 has specified the date as on 15th day January 2022 for implementing The Haryana State Employment of Local Candidates Act, 2020. It also notified that limit towards monthly salary is thirty thousand rupees instead of fifty thousand rupees as gross monthly salary or wages for registration.

Extension Of Atal Beemit Vyakti Kalyan Yojana Scheme

ESIC vide notification no. No. N-12/13/1/2019 P&D has extended the relaxation in eligibility conditions in the Atal Beemit Vyakti Kalyan Yojana for period 01.07.2021 to 30.06.2022 with the same terms and conditions as notified on with enhanced rate of relief and relaxed eligibility conditions as notified in the Gazette of India,(Extraordinary), Part III – Section – 4 (Sl. No. 436) dated 16.10.2020. and Sl. No. 15 dated 11.01.2021.

Honourable Supreme Court Judgement On ESI Contribution To Exclude Conveyance Allowance

ESIC vide circular No. T-11/13/56/02/2020 Rev.II has acknowledged to all regional and sub regional offices regarding judgement of the Hon’ble Supreme Court of India that payment of conveyance allowance as per present case does not fall under definition of term “wages” which means “all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes [any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or layoff and] other additional remuneration, if any, [paid at intervals not exceeding two months], but does not include (a) any contribution paid by the employer to any pension fund or provident fund, or under this Act ; (b) any travelling allowance or the value of any travelling concession ; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment ; or (d) any gratuity payable on discharge” . Therefore, concluded that conveyance allowance shall not form part of the wages of the employees and the judgement hold good with effect from 8th March 2021. 

The Delhi Minimum Wages Notification (Oct 2021)

The Government Of National Capital Territory of Delhi vide notification number F.No.12 (142)/02/MW/VIII/Part file/4456 has released minimum wages including variable dearness allowance for the National Capital Territory of Delhi effective 1st October 2021

The Kerala Minimum Wages Notification (Sep 2021)

The Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.DES/859/2021-P3(1) , the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of September 2021 ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act

Direction To Close Establishments Till 17th November 2021 In Delhi

The Government of Delhi vide notification No.F. No. 10(39)/ENV/2021/4941-4970 has advised all private office and establishments to allow their staff to work from home so as to ensure least vehicular movement on the roads till 17th November 2021 in order to curb fugitive emissions or air pollutions in national capital of Delhi. Therefore, violation of directions as issued shall be punishable which includes imprisonment upto five years and or with fine which may be extended to rupees one Lakh or with both. The employers may take note of the directions and comply accordingly.

The Delhi Shops And Establishments (Amendment) Rules, 2021

Government of Delhi vide notification has amended the rules towards form of submitting a statement, the fees and other particulars, manner of registering establishments and form of registration certificate, forms of notifying a change and fees, schedules under Delhi Shops And Establishments Rules, 1954. As per the amendment, (1) The online system is implemented for filing application and granting of registration certificate, making amendment in application, (2) The schedules I and II which prescribe details of fees has been removed (3) The Form G is amended to include register of wages, deductions, overtime, Advances and therefore, removed Form H and Form I.

Extension Of Timeline For Mandatory Seeding Of Aadhar Number For Filing Of ECR

Employees’ Provident Fund Organisation vide notification No. BKG-27/07/2020-BKG-Part(1)/E-40100/173, has amended the previous circular dated 15th June 2021. As per the amendment, the filing of ECR for UAN to seed with Aadhaar has been extended till 30th November 2021. The concerned field officers shall advise employers for implementation after the period of deferment.

ESIC Seeding Of UAN Number For Insurance Module

ESIC vide notification number has requested to register EPF UAN as per the insurance module. Therefore, employer can do login through www.esic.in till December 2021.

Relaxation Of Time Limit For Filing And Depositing ESI Contribution

ESIC vide circular No.P-11/12/Misc./1/2019 (M)- Rev.II has acknowledged to regional directors and sub regional offices that employee state insurance contribution for the month of October 2021 can be remitted up to 30th November 2021 instead of 15th November 2021 and return of contribution for the period of April 2021 to September 2021 may be filed up to 15th December 2021 instead of 11th November 2021 on account of system breakdown in information technology system. Therefore, employers may take note of the directions and comply accordingly.

Assam Government Declares Bye Election On 15th December 2021

Government of Assam vide Notification No.GAG(A).139/205/258 has declared 15th December 2021 as a public holiday on account of Gaon Panchayat-bye election at Goalpara district for government bodies/ non government bodies, all bodies and organisation under the state government including urban local bodies and PRI, educational institutions and business establishments including banks, tea garden and industries etc within the jurisdictions.

The Goa Minimum Wage Notification (Oct 2021)

The Government of Goa vide Notification No. CLE/PA/MWA-VDA/(10)/2016/7013 has released the variable dearness allowance towards Minimum Wages effective from 1st October 2021.

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