Labour Law Gazette Notifications (Updates) Of August-2020: “One Clik”

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The Maharashtra Minimum Wages VDA Notification (July 2020)

Government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective from 1st July 2020 which will be valid till 31st December 2020

Exemption To Industrial Establishments From Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965

The Government of Punjab vide notification No.21/65/2019-4L/1101 has exempted industrial establishments of Punjab engaged in the continuous process industry from the provisions of the Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965.

Inspections Under Various Labour Laws To Facilitate Ease Of Doing Business In Puducherry

Government of Puducherry vide G.O. Ms No. 05/Lab/AIL/G/2020 has issued an order to introduce computerized systems of Risk Assessment based Inspections with random allocation of Inspecting Officers to facilitate Ease of Doing Business in the Union Territory. As per the order, inspection will be carried out by respective Inspection Officers to categorized establishments as Low Risk / Medium Risk / High Risk depending upon the number of workers employed. The frequency for inspection for establishments under the Medium Risk category will be once in two years and for Establishments under the High-Risk category will be once in every year. Therefore, the aforementioned scheme shall be applicable to the following acts – The Puducherry Shops And Establishments Act, 1964, The Puducherry Catering Establishments Act, 1964, The Contract Labour (Regulation And Abolition) Act, 1970, The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act, 1979, The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986, The Maternity Benefit Act, 1961, The Motor Transport Workers Act, 1961, The Minimum Wages Act 1948, The Maternity Benefit Act, 1961, The Payment of Bonus Act, 1965, The Equal Remuneration Act, 1976, The Payment of Gratuity Act, 1972, The Payment of Wage Act, 1936, The Sexual Harassment Of Women At Work Place (Prevention, Prohibition And Redressal) Act, 2013, The Puducherry Industrial Establishments (National And Festival Holidays) Act, 1964, The Puducherry Industrial Establishments (Conferment Of Permanent Status To Workmen) Act, 1981, The Industrial Employment (Standing Orders) Act, 1946, The Working Journalists And Other Newspaper Employees (Conditions Of Service) and Miscellaneous Provisions Act, 1955, The Sales Promotion Employees (Conditions Of Service) Act, 1976.

The Maharashtra State Tax On Professions, Trades, Callings, And Employments (Amendment) Rules, 2020

The Government of Maharashtra vide notification no No. PFT-1220 / C.R. 16 / Taxation-3 has amended The Maharashtra State Tax on Professions, Trades, Callings, and Employments Rules, 1975. As per the amendment, Employers registered under Companies Act 2013 shall furnish first return from the month in which it is liable to pay tax and shall continue to furnish monthly return till the end of that year and thereafter they shall furnish the return as per the provisions of sub-rule (3) of rule 11.

Industrial Disputes (Punjab Amendment) Ordinance, 2020

Governor of Punjab vide notification No.21/73/2019-4L/1134 dated 11th August 2020 has promulgated The Industrial Disputes (Punjab Amendment) Ordinance, 2020 amending The Industrial Disputes Act, 1947. As per the Ordinance, the existing applicability of Chapter V of the Act, which specifies provisions relating to layoffs, retrenchment, closure of certain establishments, wherein the number of workmen employed is not less than one hundred workmen has been increased to three hundred workmen. In addition to the above, as per the provisions relating to the conditions of retrenchment, the existing compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months, an additional condition which will be an amount equivalent to last three months average pay has been introduced.

The Contract Labour (Regulation And Abolition) (Punjab Amendment) Ordinance, 2020

Governor of Punjab vide ordinance No.11/01/2019-2L/1131 dated 11th August 2020 has promulgated The Contract Labour (Regulation And Abolition) (Punjab Amendment) Ordinance, 2020 amending the Contract Labour (Regulation and Abolition) Act, 1970. As per the notification, the existing applicability of the act for the establishments employing twenty or more workmen has been increased to fifty or more workmen.

Further Extension Of Working Hours For Factories In Himachal Pradesh

The Government of Himachal Pradesh vide notification no. Shram (A)4-3/2017-Loose-I with reference to the previous notification no. Shram(A)4-3/2017 has further extended the exemption of all factories registered under the Factories Act, 1948 in the State from the provisions of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) to three more months on same terms and conditions as mentioned in the earlier notification.

Extension Of Working Hours For Tea Factories In Assam

Government of Assam vide Notification No.IF/210/3395-445 has exempted adult workers operating in tea factories registered under The Factories Act, 1948 from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 56 (Spread Hours) for a period of three months w.e.f August 2020 to October 2020 to deal with the exceptional pressure of work during the peak of the manufacturing season subject to the conditions specified, (1) Total number of the working hour in one day shall not exceed twelve (2) The spread over-inclusive of intervals for rest shall not exceed thirteen hours in any one day (3) The total number of hours of work in any week including overtime shall not exceed sixty (4) No worker shall be allowed to work overtime for more than seven days at a stretch and the total number of hours of overtime work on any quarter shall not exceed seventy-five

The Kerala Minimum Wages Notification (June 2020)

The Government of Kerala, Labour, and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial establishments 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 June 2020 are as ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act

The Rajasthan Minimum Wages Notification (May 2019)

The Government of Rajasthan vide notification no: F8(5)(6)Min. M/Labour/2000/Part/15744 has released minimum wages for the state of Rajasthan effective from 1st May 2019

The Labour Laws (Madhya Pradesh Amendment) Ordinance, 2020

Governor of Madhya Pradesh vide ordinance no 8 of 2020 dated 20th August 2020 has promulgated The Labour Laws (Madhya Pradesh Amendment) Ordinance, 2020 to amend The Factories Act, 1948, The Contract Labour (Regulation and Abolition) Act, 1970. Below mentioned are the brief description on the changes brought in (a) The threshold limit for applicability to the Factories Act, 1948 has now been increased from ten or more workers to fifty or more workers for factories operating with the aid of power (b) The applicability of The Contract Labour (Regulation and Abolition) Act, 1970 for establishments has been increased from twenty or more workmen to fifty or more workmen.

Relaxation In Eligibility Criteria And Enhancement In The Payment Of Unemployment Benefit Under Atal Bimit Vyakti Kalyan Yojana Of ESIC

ESIC vide notification No. E-13/12/9/2020-P.R. had launched the ‘Atal Bimit Vyakti Kalyna Yojna’ (ABVKY) a scheme under which unemployment benefit is paid to the workers covered under ESIC Scheme. The ESIC has now decided to extend the scheme for one more year up to 30th June 2021. It has been decided to relax the existing conditions and enhance the amount of relief for workers who have lost employment during the Covid-19 pandemic period. The enhanced relief under the relaxed conditions will be payable during the period of 24th March 2020 to 31st December 2020. Thereafter the scheme will be available with original eligibility condition during the period 1st January 2021 to 30th June 2021. The eligibility criteria for availing the relief have also been relaxed, as under: (i), The payment of relief has been enhanced to 50% of the average of wages from earlier 25% of average wages payable up to a maximum of ninety days of unemployment. (ii) Instead of the relief becoming payable ninety days after unemployment, it shall become due for payment after thirty days. (iii) The Insured Person can submit the claim directly to ESIC Branch Office instead of the claim being forwarded by the last employer and the payment shall be made directly in the bank account of the Insured Person. (iv) The Insured Person should have been insurable employment for a minimum period of two years before his/her employment and should have contributed for not less than seventy-eight days in the contribution period immediately preceding to unemployment and minimum seventy-eight days in one of the remaining three contribution periods in two years prior to unemployment. 

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