Labour Law Gazette Notifications (Updates) of April-2020: “One Clik”

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  • Extension Of Working Hours For Factories In Madhya Pradesh: (Effective Date: 20th Apr, 2020)
  • Government of Madhya Pradesh vide notification no.247-2020-A-XVI has exempted all factories registered under the Factories Act, 1948 with effect from 20th April 2020 for three months in the state from Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) provided as per clause (iii) (iv) of sub-clause (3) (a) of Section 65 under following conditions: (1) No adult workers shall be allowed or required to work in a factory for more than twelve hours in any day and seventy-two hours in a week (2) The period of an adult worker in a factory each day shall be fixed that no person exceed six hours and that no workers shall work for more than six hours and that no workers shall work for more than six hours before he has had an interval for rest of at least thirty minutes (3) Overtime wages shall be paid as per Section 59 of the Factories Act, 1948. Hence, employers having their factories in the state of Madhya Pradesh registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued here in above including payment of overtime wages.
  • The Gujarat Minimum Wages Notification (Apr 2020): (Effective Date: 1st Apr, 2020)
  • Government of Gujarat has released the revised Minimum Wages dearness allowance for the State of Gujarat effective 1st April 2020.
  • Extension Of Working Hours For Factories In Himachal Pradesh: (Effective Date: 21st Apr, 2020)
  • Government of Himachal Pradesh vide notification no.Shram(A)4-3/2017 has exempted all factories registered under The Factories Act, 1948 in the state from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) with effect from 21st April 2020 to 20th July 2020 subject to aforesaid conditions, (1) No Adult workers shall be allowed or required to work in the factory more than twelve hours in a day and seventy-two hours in a week (2) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no workers shall work for more than six hours before he had an interval for rest at least half an hour (3) Wages in respect of increased working hour as a result of this exemption shall be in proportion to the existing Minimum Wage fixed by the Government of Himachal Pradesh under Minimum Wage Act 1948 (4) Provision of the Over Time under section 59 of the Act shall continue to apply without any change. Hence, employers having their factories in the state of Himachal Pradesh registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wages.
  • Government Of Punjab Extends Working Hours For Factories For Three Months: (Effective Date: 20th Apr, 2020)
  • Government of Punjab, Labour department vide notification dated 20th April 2020, in exercise of powers conferred under Section 65 of the Factories Act 1948, has exempted factories for three months from certain provisions of the Act. As per the notification the regular working hours of Nine hours per day as per Section 54 of the Act and allow the working of maximum twelve hours per day for all factories permitted to operate in the State of Punjab. Spread over hours shall not exceed thirteen hours in one day instead of a maximum of ten and half hours as provided under Section 56 of the Act. The workers shall be provided wages at the rate of twice the ordinary rate of wages as provided for overtime under Section 59 of the Act. All precautionary measures advised by the Government for sanitization and principles of social distancing and less contact shall be strictly adhered to. Please refer to the notification for more details.
  • Extension Of Consolidated Annual Return Under Various Labour Laws Due To COVID-19 In Maharashtra: (Effective Date: 20th Apr, 2020)
  • Government of Maharashtra, Department of Labour has extended the deadline for employers who have registered for filing Self-Certification-cum-Consolidated Annual Returns under The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2017 and various labour acts, to 31st July 2020 as many establishments could not file their annual returns for the year 2019 due to the outbreak of COVID 19.
  • Labour Officers Directed To Ensure Employers In Andhra Pradesh Make Payment Of Wages To Their Workers During Lock Down: (Effective Date: 18th Apr, 2020)
  • The Government of Andhra Pradesh has issued instructions to all the Government as well as Private Establishments to make payment of wages/salaries fully to the workers of the employees including those working under Contract and Outsourcing basis during the lockdown period and the violation will be viewed seriously and invite penal action under the Epidemic Diseases Act 1897. In this regard, the Chief Secretary to Government of Andhra Pradesh has issued instructions to the Labour Department, to ensure, that every migrant labour in the AP shall be provided food and shelter, and also facilitate all industries and factories to pay their wages/salaries during the lockdown period. All the labour in the industries shall be paid salaries during the lockdown period without making any deductions and shall not to remove any contract or casual labour, any violations of this order will be punishable under Disaster Management Act. The JCLs/DCLs are required to submit a daily report in prescribed proforma (enclosed) in coordination with the General Manager, District Industries Centre without fail before 06:00 PM.
  • Extension Of Renewal Of License For Various Acts Under Central Sphere: (Effective Date: 17th Apr, 2020)
  • Government Of India keeping in view the lockdown across India due to COVID-19, the validity of licences granted under the Contract Labour (R&A) Act, 1970 And Inter-State Migrant Workmen (ISMW) Act-1979 are hereby extended upto 31st May 2020 for those licenses whose renewal falls in the months of March, April & May 2020. However, the issuance of new licenses would keep continuing as it is.
  • Exemption For Factories From Various Provisions Of Factories Act 1948 In Gujarat: (Effective Date: 17th Apr, 2020)
  • The Government of Gujarat vide notification No. GHR/ 2020/56/ FAC/142020/ 343/M3 has directed all factories registered under the Factories Act, 1948 shall be exempted from various provisions related to Section 51 weekly hours, Section 54 daily hours, Section 55 interval for rest etc. of adult workers and Section 56 Spread over hours with conditions as appended in the notification. These relaxations shall apply from 20th April 2020 with due procedures of safety and social distancing. Please refer to the notification for detailed information.
  • Karnataka Tax On Professions, Trades, Callings And Employments (Removal Of Difficulties) Order, 2020 ( Effective Date: 16th Apr, 2020)
  • The Government of Karnataka vide order No.FD 03 CPT 2020 has extended the monthly PT contribution due date for the month of March 2020 from the existing date of 20th April 2020 to 20th May 2020 and the due date for payment of enrollment tax has been extended from the existing date of 30th April 2020 to 30th May 2020.
  • EPF Contribution Due Date Extended For The Month Of March 2020: (Effective Date: 15th Apr, 2020)
  • EPFO vide notification no.C-I/Misc./2019-20/VolII./Part./9 has extended the due date for payment of contributions and administrative charges/ inspection charges due for wage month March 2020 from 15th April 2020 to 15th May 2020 i.e. grace period of thirty days (16th April 2020 to 15th May 2020) for filing of Electronic Challan cum Return(ECR) to establishments disbursing wages for March 2020. Employers seeking the above relief need to file ECR for wage month March 2020 on or before 15th May 2020 duly certifying the disbursement of wages to employees by declaring actual date of disbursement of wages for March 2020 in the column “Salary disbursal date” in the ECR and remit the contributions and administrative/inspection charges on or before 15th May 2020. Please refer to the notification for more details.
  • Further Extension Of Time In Filing February 2020 ESI Contribution During The COVID-19 Pandemic: (Effective Date: 15th Apr, 2020)
  • Employees State Insurance Corporation as a relief measure earlier extended the period for filing ESI contribution for the month of February 2020 and March 2020 to 15th April 2020 and 15th May 2020. Now after considering the hardships faced by the employers, the period for filing ESI contribution for the month of February has been further extended from earlier extended period i.e.15th April to 15th May 2020. No penalty or interest or damage will be levied on establishments during the extended period. Please refer to the notification for more details.
  • The Kerala Minimum Wages Notification (Feb 2020): (Effective Date: 1st Feb, 2020)
  • 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.P3.Pdl.1/2020/DES, 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 February 2020 are as ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act.
  • Extension Of Due Date For Filing Annual Returns Under The West Bengal State Tax On Professions, Trades, Callings And Employments Act, 1979: ( Effective Date: 13th Apr, 2020 )
  • Government of West Bengal, Directorate of Commercial Taxes in exercise of the power conferred under Rule 12 of the West Bengal State Tax on Professions, Trades, Callings and Employments Rules, 1979, for the year ending on the 31st day of March 2020, the last date of filing Annual return in Form-III has been extended to 30th June 2020. Please refer the notification for more details.
  • Mandatory Submission Of Mobile Number And Bank Account Details For Registration Under ESIC: (Effective Date: 6th Apr, 2020)
  • ESIC has mandated the submission of mobile number and bank account details (Bank name, Branch name and IFSC) for registration of new employee. Employers are required to update mobile number and bank account details of existing employees registered under the ESI Scheme. Employers can view the notice in their respective ESIC employer login. Currently, gazette notification has not been released, detailed notification may be published shortly.
  • Extension Of Time Period To Conduct Test, Examination And Inspection In Factories In Gujarat: (Effective Date: 4th Apr, 2020)
  • Government of Gujarat vide notification No GHR/2020/53/FAC/142020/343/M3, has extended the due dates for the purpose of carrying out tests, examination and inspections required to be done in the factory under the various provisions of the Factories Act 1948 and rules made thereunder and the issue of the certificate by the competent person up to 15th May 2020. Please refer the notification for further details.
  • Exemption for Renewal Of License To Contractors In The State Of Gujarat: (Effective Date: 4th Apr, 2020)
  • Government of Gujarat vide notification no. GHR/2020/55/CLA/152020/344/M3, hereby directs that the provision of Section 13(3) of the Contract Labour (Regulation and Abolition) Act 1970 and Rule 27 and Rule 29 of the Contract Labour (Regulation and Abolition) (Gujarat) Rules, 1972 shall not apply up to 15th May 2020 to the Contractors whose License renewal falls in the month of March, April and May 2020. Please refer the notification for further details.
  • EPFO Circular On Acceptance Of Alternative Documents As A Valid Proof Of Date Of Birth: (Effective Date: 3rd Apr, 2020)
  • EPFO vide circular no.WSU/37(1)2019/DOB in supersession of earlier circulars dated 12th December 2006 and 12th December 2017 has accepted certain documents as a valid proof of date of birth in case of any dispute in the date of birth. As per the notification, the following are the list of documents:(1) Birth Certificate issued by the Registrar of Births and Deaths (2) Any School/education-related Certificate (3) Certificate based on the service records of the Central/ State Government Organisations (4) Passport (5) In the absence of proof of date of birth as above, Medical Certificate issued by Civil Surgeon after examining the member medically and supported with an affidavit on oath by the member duly authenticated by a Competent Court (6) Aadhar/e-Aadhar: the change in date of birth shall be accepted as per Aadhar /e- Aadhar up to a maximum range of plus or minus three years of the date of birth recorded earlier with EPFO. Please refer to the notification for detailed information.
  • The Madhya Pradesh Minimum Wage Notification (April 2020): (Effective Date: 1st Apr, 2020)
  • As per notification number No-6/11/Five/2015/14469, Government of Madhya Pradesh has released minimum wages for the State of Madhya Pradesh effective from 1st April 2020.
  • Order By Maharashtra Labour Department To Pay Full Wages To Employees: ( Effective Date: 31st Mar, 2020 )
  • Government of Maharashtra vide notification 2020 / Pr. No. 45 / Work-9 has stated that all Private, Establishment, Shops (Except Essential Services), Factory workers, contractual, temporary, daily wages workers who had to remain at home/place due to the outbreak of COVID-19 and lockdown orders by Government of Maharashtra, all such worker/ employees shall be deemed to be on duty and to be paid full salary and allowances.
  • Exemption From Penalty For Delay In Payment Of Profession Tax And Filing Of Return In Madhya Pradesh: ( Effective Date: 30th Mar, 2020)
  • Government of Madhya Pradesh vide notification no. F A 3-07/2020/1/V(22), exempts the private sector employers who are required to make payment of tax by 10th April 2020 and file the relevant return by 15th April 2020, from the penalty under section 13, if the tax is paid on or before 30th April 2020 and from the penalty under sub-section (3) of section 9 if the return is filed before 5th May 2020. Please refer the Order for more details.
  • The Uttar Pradesh Minimum Wages Notification (April 2020): (Effective Date: 1st Apr, 2020:)
  • As per notification No. 468-93/Pravartan-(M.W.)/15 Minimum Wages released for the state of Uttar Pradesh effective from 1st April 2020 to 30th Sep 2020.
  • The Bihar Minimum Wage Notification (April 2020): ( Effective Date: 1st Apr, 2020 )
  • As per notification No-5/ M.W.- 403 /07 L&R-1049, Government of Bihar has released Minimum Wages for the state of Bihar effective from 1st April 2020.
  • Telangana Government Order For Paid Holiday For Employees During Lock down Period: (Effective Date: 23rd Mar, 2020)
  • The Government of Telangana vide G.O.Rt.941, in exercise of powers conferred under Section 13 and Section 31(2) of the Telangana Shops and Establishment Act, 1988 had ordered all shops and establishment other than those exempted to be closed during notified lock down period i.e. from 22nd March 2020 to 31st March 2020 in public interest and shall be declared as paid holiday for all categories of employees.

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