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

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Online Issue And Renewal Of Trade License To Implement Ease Of Doing Business In Telangana

The Government of Telangana vide G.O.Ms.No. 52 as part of ease of doing business in the State has introduced an online system for Issue and Renewal of Trade License. As per the notification, the following documents are required for the issue of trade license: (A) Lease deed/Registered or Unregistered Lease deed showing legal occupancy of the applicant. (B) Identity Proof with photos such as Aadhar, Passport, PAN, EPIC, Driving License, Bank Passbook, or Ration Card/Food Security Card. It is further notified that no documents and inspection is required for the auto-renewal of the license. 

Introduction Of A Single Form For Trade License And Registration For Shops And Commercial Establishments In West Bengal

The Government of West Bengal vide notification no: IR/3C-04/2015 has introduced a scheme for receiving the online applications for registration of shop and commercial establishment under West Bengal Shops And Commercial Establishments Act, 1963 and Trade License from Municipal Corporation in a single form. A single registration certificate for the aforesaid two services will be granted after payment of the requisite fees. 

Repeal Of The Minimum Wages (Karnataka Amendment) Act, 2017

The Government of Karnataka vide notification no 617, has repealed the Minimum Wages (Karnataka Amendment) Act, 2017. As per the notification under the Minimum Wages Act 1948, the fine under penalties for certain offenses is restored to five hundred rupees, and the fine under General provision for punishment of other offenses is restored to rupees five hundred from rupees ten thousand. 

Karnataka Repealing Of Certain Enactments And Regional Laws Act, 2020

The Government of Karnataka vide notification no 617, has repealed (a) the Karnataka Tax on Profession, Trades, Callings, and Employments (Amendment) Act, 2018, (b) The Karnataka Taxation Laws (Amendment) Act, 2016. As per the notification, (1) Serial No 10 of the Schedule 1 under the Karnataka Tax on Professions, Trades Calling and Employments Act, 1976 is restored to Contractors executing works contract where total consideration of all the contracts in a year is:- (i) less than Rs.2 lakhs – Nil (ii) more than Rs. 2 lakhs but less than Rs.10 lakhs – Rs.1000 per annum (iii) more than Rs.10 lakhs but less than Rs.25 lakhs – Rs.1500 per annum (iv) more than Rs.25 lakhs – Rs.2500 per annum. (2) For Registration and enrolment under the Karnataka Tax on Professions, Trades Calling and Employments Act, 1976 the assessing authority has to grant such certificate within thirty days of the receipt of the application. 

Restoration Of Earlier Contribution Rates Under LWF In Karnataka

The Government of Karnataka vide notification no 617, has repealed the Karnataka Labour Welfare Fund (Amendment) Act, 2017. As per the notification, the contribution rate for the employees (including casual, temporary, badli) whose names are borne in the register of the establishment as of 31st December, is retained to rupees six from rupees twenty per year, and the employer’s contribution rate is retained to rupees twelve from rupees forty per employee.

Declaration Of Paid Holiday On Occasion Of General Election To Local Self Government Institutions In Kerala

The Government of Kerala vide G.O(MS) No.230/2020/GAD in connection with the General Election to Local Self Government Institution 2020 has declared the following days as paid holiday for all the Government/Quasi-Government and Commercial Establishments in the areas as mentioned below: (a) 8th December 2020- Thiruvananthapuram, Kollam, Pathanamthitta, Alappuzha, and Idukki (b) 10th December 2020 – Kottayam, Ernakulam, Thrissur, Palakkad, and Wayanad (c) 14th December 2020 – Malappuram, Kozhikode, Kannur, and Kasargod. It is further notified that Labour Commissioner will make necessary arrangements with all Private Enterprises, Industrial Centres, Factories, Plantations, and other private institutions under Shops and Commercial Establishment Act located in the aforesaid areas, to declare the day of the poll as a paid holiday for all the employees without any deductions or abatement of the Wages of such employees.

Amendment To The West Bengal Labour Welfare Fund Act, 1974

The Government West Bengal vide Notification No. Labr/1700/ESTT has amended the West Bengal Labour Welfare Fund Act, 1974. As per the amendment, the employer’s and employee’s contribution to the board shall be paid electronically through the designated portal (https://lwf.wblabour.gov.in/wblabour/). 

Introduction Of Non-Discretionary Auto-Renewal Of The Licenses Granted Under Various Labour Laws In West Bengal

The Labour Department of West Bengal vide Notification No. Labour/1697/ESTT has introduced the non-discretionary auto-renewal of (i) Licenses granted under the Factories Act, 1948 (ii) Licenses for contractors under the Contract Labour (Regulation and Abolition) Act, 1970 (iii) Licenses granted to the contractors under the Inter-State Migrant Workman Act, 1979. This shall be done through the online portal (https://wblc.gov.in/e-services) and shall be processed immediately.

Digital Maintenance Of Records And Registers In A Single Online Platform Under Various Labour Laws In West Bengal

The Labour Department of West Bengal vide Notification No. Labr/1699/ESTT has informed that all statutory registers and records required under various labour laws are now allowed to be maintained online and/or in a Single Digital Platform. The registers and records so maintained shall be subject to scrutiny and inspection by authorities as and when required under the relevant Acts and Rules.

Declaration Of Paid Holiday During Panchayat Bye-Election In Haryana

The Governor of Haryana vide notification No. F.W./Election-2020/5948 has declared 15th December 2020 as a paid holiday to enable the workers who are working in the Factories in the State of Haryana and are enrolled as the voters at Sarpanch, Gram Panchayat Nissing (Gramin), Block Nissing, Distt. Karna to cast their votes. This exception is subject to the condition that no adult worker shall be required or allowed to work on 15th December 2020 (Tuesday) in the factories of the state. 

Declaration Of Paid Holiday For Shops And Commercial Establishments During Panchayat Bye-Election In Haryana

The Governor of Haryana vide notification No. Elec-2020/IR-II/PSCE/Ho1/13271 has declared 15th December 2020 as a paid holiday to enable the workers who are working in the Shops and Commercial Establishments in the State of Haryana and are enrolled as the voters at Sarpanch, Gram Panchayat Nissing (Gramin), Block Nissing, District Karnal to cast their votes.

Self Compliance Certification Under The Factories Act, 1948 In Andhra Pradesh

The Government of Andhra Pradesh vide No. G.O.Ms.No.8 has issued an order to introduce the Self Compliance Certification/Third Party Compliance Certification 2020 instead of departmental inspections to facilitate the Ease of Doing Business in the State of Andhra Pradesh. As per the order, the frequency of inspection of factories shall be based on the risk potential of the factory which is as stipulated below. The criteria for classification are available in CIS portal. (a) All the High-Risk factories shall be once in a year, (b) All Medium Risk factories shall be once in two years, (c) All the Low-Risk factories shall be once in three years. Therefore,occupier of the factories who have opted for self-certification or empanelled third-party certification shall apply online for enrolment into the scheme in the prescribed format through the CIS portal by remitting an interest-free ‘Compliance Guarantee Deposit’ (CGD) as prescribed.

The Punjab Factory (Amendment) Rules, 2020

The Government of Punjab vide notification no.G.S.R. 98/C.A.63/1948/S.112/Amd.(34)/2020 has implemented The Punjab Factory (Amendment) Rules, 2020. As per the Amendment, (1) The head of the technical institution in the State of Punjab and Chandigarh having Civil or Structural Engineering courses shall be the competent person for carrying out tests, examination, inspection, and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process of plant and equipment located in a factory as stipulated in the act and the rules. Such certification from the Institute shall be signed by the Head of the Civil or Structural Engineering Department and Head of the Institution. (2) The additions, alterations, or extensions in the existing factory as specified in Schedule shall be accepted by the Cheif Inspector (3) The application for submission of the plans shall be uploaded by the Occupier or Manager along with the documents on the portal (pblabour.gov.in) of the Chief Inspector (4) The license shall be renewed for one year digitally through automatic mode if there is no change in particulars of license from the previously granted or renewed license and other conditions required by Government. The application for the renewal of the license shall be made in Form 2-B (5) The Chief Inspector may exempt any factory from an ambulance and medical facility subject to such conditions that there is an empanelment of a hospital or nursing home of minimum twenty beds at a travel distance of not more than two kilometers from the main gate of the factory and also provision of ambulance van in the premises of the factory (6) Occupier or factory Manager can maintain the registers in an electronic or digital format with time stamp, geo-positioning and digital signatures of the occupier or factory manager in the same format as specified for the said registers in these rules. 

Declaration Of Public Holiday During General Council Election In Assam

The Governor of Assam vide Notification No.GAGA).139/2015/230 has declared 17th December 2020 as a public holiday within the jurisdiction of Tiwa Autonomous Council Area Districts on account of election to the General Council of Tiwa Autonomous Council, 2020. All the Government/Non-Government offices, PRIs, Urban Local Bodies, Business Establishments including Banks, Tea Garden and Industries, etc within the specified jurisdiction will remain closed on the day of poll accordingly. 

The Delhi Minimum Wages Notification (October 2020)

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. The rates shall be effective from 1st October 2020

The Delhi Minimum Wages Notification (April 2020)

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

Introduction Of A Single Form For Trade License And Registration Under Andhra Pradesh Shops And Establishments Act 1988

The Government of Andhra Pradesh vide No. G.O.Ms.No. 11 has introduced a scheme for registration under Andhra Pradesh Shops and Establishment and Trade License through a single form to simplify legal compliances for a wide range of Establishments/Trades/Shops on the e-municipal system and m-panchayat system. The entrepreneur who wishes to apply for a trade license will be asked whether they are eligible for registration under Andhra Pradesh shop and establishment and the entrepreneur shall fill in the details of their establishment. After the payment of the requisite fee, an instant registration under Andhra Pradesh Shops and Establishments Act 1988 and provisional trade license certificate will be issued. 

Introduction Of Online Maintenance Of Registers And Records Under Various Labour Laws In Andhra Pradesh

The Government of Andhra Pradesh vide No. G.O.Ms.No. 10 has introduced a scheme for maintenance of electronic or digital registers instead of manual registers under the following Acts. (1) Employee’s Compensation Act, 1923 (2) Trade Unions Act, 1926 (3) Payment of Wages Act, 1936 (4) Industrial Employment (Standing Orders) Act, 1946 (5) Industries Disputes Act, 1947 (6) Minimum Wages Act, 1948 (7) Factories Act, 1948 (8) Working Journalists and other Newspaper Employees and miscellaneous Provisions (Condition of Service ) Act, 1955 (9) Maternity Benefit Act, 1961 (10) Motor Transport Workers Act, 1961 (11) Payment of Bonus Act, 1965 (12) Contract Labour (Regulation and Abolition) Act, 1970 (13) Payment of Gratuity Act, 1972 (14) Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act, 1974 (15) Bonded Labour System (Abolition) Act, 1976 (16) Sales Promotion Employees (Conditions and Service) Act, 1976 (17) Equal Remuneration Act, 1976 (18) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (19) Child & Adolescent Labour (Abolition & Regulation) Act, 1986 (20) Andhra Pradesh Labour Welfare Fund Act, 1987 (21) Andhra Pradesh Shops and Establishments Act, 1988 (22) The Building and Other Construction Workers Welfare Cess Act, 1996 (23) The Building and Other Construction Workers (RE & CS) Act, 1996 (24) Unorganized Workers Social Security Act, 2008. 

Introduction Of Online Payment Facility For The Contributions Under Andhra Pradesh Labour Welfare Fund Act, 1987

The Government of Andhra Pradesh vide No. G.O.Ms.No.9 has introduced an online facility for payment of contributions under Andhra Pradesh Labour Welfare Fund Act, 1987 by employer and employee. As per the notification all contributions from employee and employer under the Andhra Pradesh Labour Welfare Fund Act, 1987 shall be mandatorily remitted through online mode only. To make the online payment the employer shall visit https://labour.ap.gov.in/ or http://aplabourwelfareboard.ap.gov.in/ or Meeseva website at https://onlineap.meeseva.gov.in/ 

Kerala Contract Labour (Regulation And Abolition) Amendment Rules, 2020

The Government of Kerala, vide notification number G.O.(P) No.93/2020/LBR as part of Ease of Doing Business, has introduced Kerala Contract Labour (Regulation and Abolition) Amendment Rules, 2020. As per the amendment, the application for registration, license, renewal of a license under Kerala Contract Labour (Regulation and Abolition) Rules, 1974 can now be submitted through a newly introduced Labour Commissionerate Automation System. 

Declaration Of Holiday For Factories During General Elections In Haryana

The Chief Inspector of Factories of Haryana has issued a notification declaring 27th December 2020 as a closed day for all factories to enable the workers to cast their votes during the general elections. It is further notified that no further notification to declare the aforesaid day as a holiday is required as the poll day is on a Sunday.

Circular For General Information To Stakeholders Under Nagaland Professions, Trades, Callings And Employments Taxation Rules, 1970

The Government of Nagaland vide notification no CT/GEN/EoDB/21/2018 has issued a Circular to notify all the stakeholders of the following information: (A) As per Rule 3(i), Form-I shall be filled for Registration under Nagaland Professions, Trades, Callings, and Employments Taxation Rules, 1970. (B) As per Rule 4(1) and 6 (2), Form-II shall be filled for Enrolment under the Rules. (C) As per Rule 12, Form-V and VA shall be filled for Returns under the Rules. (D) As per Rule 13 and Rule 14, Form-VI shall be filled for Payment of Taxes under the Rules. 

Declaration Of Holiday For Shops And Commercial Establishments During General Election In Ambala And Rewari Jurisdictions Of Haryana

The Governor of Haryana vide Notification No. Elec-2020/IR-II/PSCE/Ho1/14014 has declared 27th December 2020 as a close day to enable the workers who are working in the Shops and Commercial Establishments in the State of Haryana and are enrolled as the voters at the respective wards of Ambala and Rewari districts to cast their votes.

Auto-Renewal Of Registration, License Under Various Labour Laws In Goa

The Labour Department of Goa vide Notification No. 24/27/2020/LAB/1110 has introduced an Auto-renewal system upon prescribed online payment of fees under the followings Acts and rules: (1) Registrations under the Goa, Daman and Diu Shops and Establishments Act, 1973 and the Goa, Daman and Diu Shops and Establishments Rules, 1975. (2) License under the Contract Labour (Regulation and Abolition) Act, 1970 and the Goa, Daman, and Diu Contract Labour (Regulation and Abolition) Rules, 1972. (3) License under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Goa, Daman and Diu Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1982.

Introduction Of Electronic Maintenance Of Records And Registers Under Factories Act, 1948 In Goa

The Government of Goa vide notification No. CIF/20(Part)/S-II/2020/2117 has introduced an electronic mode for maintenance of records and registers under the ease of doing business framework. As per the notification, the registers and records prescribed under the provisions of the Factories Act, 1948 and rules made thereunder can be maintained electronically. 

Grant Of Paid Holiday For Employees Eligible To Vote In Karnataka Panchayat Elections

The State Election Commission of Karnataka has notified 22nd December, 2020 and 27th December, 2020 as the dates on which Gram Panchayats Election in 30 Districts for 5762 Panchayats Bodies in the State of Karnataka is scheduled to be held. Now, the Government of Karnataka has issued the notification No.CASE/41HHL2020 wherein it has been directed that all Government Offices, Schools and colleges both Government as well as private, aided or unaided, offices of the Central Government, Nationalized and other banks and Central/State Government Factories and other Industrial Establishments and those in co-operative sector and all commercial and Industrial Establishments in private sector shall grant paid holiday to their employees who are eligible to vote on the date of polling in the area in accordance with Rule 114 of the Karnataka Panchayat Raj Election procedure Rules 1993 read with Sec.135-B of the Representation of People Act, 1951. The Notification also stipulates that the above directions will not be applicable to the employees who are involved in essential services and they should be given time off to enable them to exercise their franchise if they are eligible to vote in the respective Panchayat. Therefore Employers of Factories /Industrial Establishments in Karnataka are highly advised to comply with these directions issued by the Government of Karnataka and to declare paid Holiday on the above-mentioned dates to their workers who are registered voters in the said Gram Panchayats Election to the Panchayats Bodies in the State of Karnataka.

Clarification On Rates Of LWF Contribution For The Year 2020 Under The Karnataka LWF Act, 1965

Due to the repealing of the Karnataka Labour Welfare Fund (Amendment) Act, 2017 vide. The Karnataka Repealing Of Certain Enactments And Regional Laws Act, 202 dated 1st December 2020, there was a certain presumption that rates of LWF contribution were restored to the earlier rates i.e. Rs. 6 and 12 for Employees and Employers as opposed to the existing rates i.e. Rs. 20 and 40 respectively. Now, the Karnataka LWF Board vide. its Press Release as hosted on its website has clarified that the rates of contribution remain at the ratio of 20:40 (Employees Rs.20/- Employers Rs.40/-) respectively. Further Employers shall remit contributions only through online mode by 15th January 2021 for the calendar year 2020. Therefore, Employers in Karnataka are advised to continue to deduct the contribution to the Welfare Fund from the salaries of employees at the rate of Rs.20/- along with Employer’s contribution of Rs.40/- and remit the amount online on or before 15th January 2021 on https://klwb.karnataka.gov.in/ along with a statement in Form ‘D’ prescribed under the Karnataka Labour Welfare Fund Act & Rules. The deduction of employee’s contribution shall be only in respect of the employees who are on the rolls of the establishment as of 31st December 2020. Since there have been two documents pertaining to the same subject and basis our attempts to reach the State Labour Welfare Department, employers are advised to proceed with payment of LWF contribution as per existing rates until further notice from Authority. Simpliance will update the revised notification if any as published in the gazette of Karnataka from time to time.

Order On Auto-Renewal Of License Under Factories Act, 1948 In Goa

The Government of Goa vide notification no CIF/20(Part)/S-II/2020/2153 has introduced auto-renewal of the license under the factories act, 1948. Such auto-renewal is given for a period of one year upon submission of declaration and the payment of required fees. The eligibility for factories for such auto-renewal will be based on the following conditions: (i) Based on the closure of the findings of the Central Inspection System based inspection, if any, conducted during the previous period and /or after evaluation of other risk factors (ii) There is no change in the particulars specified in License to work a factory in Form 4 issued earlier for the previous period and/ or no change in the Manager notified in accordance with the prescribed provisions (iii) The fees paid is as specified in Rule 6 of the said Rules as amended from time to time.

The Contract Labour (Regulation And Abolition) (Odisha Amendment) Act 2020

The Government of Odisha vide Notification No: 7182/25M(6)N8/20 has amended the Contract Labour (Regulation and Abolition) Act, 1970. As per the amendment, the applicability to the Contract Labour (Regulation and Abolition) Act, 1970 to any establishments and contractors employing twenty or more workmen has been increased to fifty or more workmen. 

Auto-Renewal Of License Under Factories Act, 1948 In Meghalaya

The Government of Meghalaya vide notification no LBG. 39/2014/Pt/256 has introduced an online-based auto-renewal system in the Office of the Chief Inspector of Boilers and Factories, Meghalaya to eliminate the hassles of physical visits for periodic renewals of factories licenses. 

Introduction Of Online Registration And Auto-Renewal Of Certificates Of Registration And Licences Under Various Labour Laws In Meghalaya

The Government of Meghalaya vide notification no LBG. 39/2014/Pt/255 has implemented the process of online registrations and auto-renewals of certificates of registration and licenses with regard to the following acts : (1) The Contract Labour (Regulation and Abolition) Act, 1970 (2) The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act 1979 (3) The Meghalaya Shops And Establishments Act, 2003.

Digital Maintenance Of Records And Registers Under Various Labour Laws In Uttarakhand

The Labour Department of Uttarakhand vide Notification No. 4869/2020 has informed that all statutory registers and records required under various labour laws are now allowed to be maintained online in digital format. The registers and records so maintained shall be subject to scrutiny and inspection by authorities as and when required under the relevant Acts and Rules.

Notice Of Unpaid Amount Due To The Workers In Haryana

The Haryana Labour Welfare Board vide notification no: HLWB/AO/2020/8369, has notified the employees through their establishments, the amount of unpaid accumulations on account of monthly wages/ salary/ overtime/ bonus/ gratuity, etc., that are due to the employees during their services. The Haryana Labour Welfare Board has informed that the concerned employees can claim the dues from the Board giving full particulars within one year. After the completion of the year, the claim shall be treated as the abandoned property and shall be utilized by the Government for the welfare of the workers.

Introduction Of Online Random Central Inspection System Under Various Labour Laws In Himachal Pradesh

The Governor of Himachal Pradesh vide notification No. Ind.-A(F)13-3/2017 has introduced an online random Central Inspection System covering the Department of Labour and Employment and Department of Industries in the State. The framework will integrate the independent inspection systems in various departments to form a Central Random Online Inspection System, responsible for synchronizing multiple inspections and all inspections will be directed through the Central Random Online Inspection System. The Central inspection framework will be applicable to the following acts : (a) The Himachal Pradesh Shops And Commercial Establishments Act,1969 (b) The Payment of Bonus Act, 1965 (c) The Contract Labour (Regulation and Abolition) Act, 1970 (d) The Payment of Gratuity Act, 1972 (e) The Equal Remuneration Act, 1976 (f) The Payment of Wages Act, 1936 (g) The Factories Act, 1948 (h) The Minimum Wages Act, 1948.

The West Bengal Minimum Wages Notification (Jan 2021)

The Government of West Bengal as per notification No.166/703/Stat/2RW/29/2016/LCS/JLC, has released the minimum rates of wages effective from 1st January 2021 to 30th June 2021

The Contract Labour (Regulation And Abolition) (Gujarat Amendment) Rules, 2020

The Labour and Employment Department, Gujarat vide notification no: GHR/2020/163/CLA/152020/415126 has amended the Contract Labour (Regulation and Abolition) (Gujarat) Rules, 1972. As per the amendment, the security amount for each of the workmen to be employed as contract labour is increased to Rupees five hundred and forty from the existing amount of Rupees two hundred and seventy. The amendment has further revised the fee structure and has also deleted the following provisions under the said rules : (1) Application for renewal of a licence, (2) Issue of duplicate certificate of registration or licence, (3) Grant of temporary certificate of registration and licence. 

Guidelines For Implementation Of Aatmanirbhar Bharat Rozgar Yojana In EPFO Registered Establishment

The Central Government has launched Aatmanirbhar Bharat Rozgar Yojana (ABRY) scheme to incentivize the creation of new employment opportunities during COVID-19 recovery phase by assisting the employers of establishments registered with EPFO to recruit unemployed person including re-employment of those who have been rendered un-employed during Pandemic. EPFO vide notification No.CAIU/011(16)2020-21/ABRY/1178 hereby directed to introduce the scheme guidelines approved by Ministry of Labour & Employment, Govt. of India which provides upfront credit of both employees’ share (12% of wages) and employers share (12% of wages) depending on the employment strength of the establishment, directly to the Universal Account Number of eligible employee maintained by the EPFO. The scheme would be effective from 1st October 2020 and shall remain open for registration of eligible employers and new employees up to 30th June 2021. The benefit shall be available for a period of twenty-four months from the date of registration of new employee, not later than 30th June 2023 in any case. 

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