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

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Deployment Of Electronic Facility At Employer Interface Of EPFO’s Unified Portal For Principal Employers To View EPF Compliances Of Their Contractors And Contract Workers

EPFO has introduced a new facility in its unified portal enabling the employers to declare their contractors and the period of the contract so that they may view and monitor the compliances in respect of their contract employees reported in the ECR. Through this facility, the principal employers can also view whether the employer’s share of EPF contributions paid by the principal employer has been remitted by the contractor for all contract workers or not.

Paid Holiday For Employees Of Shops And Establishments In Andhra Pradesh On Account Of Gram Panchayat Elections

The Andhra Pradesh State Election Commission, Vijayawada has notified the schedule for Ordinary Elections to the Office Of Sarpanch and Ward Members Of Gram Panchayats in the State to be held on 9th February 2021, 13th February 2021, 17th February 2021, and 21st February 2021. The Chief Inspector, Under Andhra Pradesh Shops & Establishments Act 1988 and Spl. Commissioner of Labour, vide. Gazette Notification dated 3rd February 2021, has directed employers to declare Paid Holiday on the Polling Day i.e. 9th February 2021 (Tuesday), 13th February 2021 (Saturday), 17th February 2021 (Wednesday), and 21st February 2021 (Sunday) to all Employees employed in Shops and Establishments under the Act situated in areas of Gram Panchayats where Elections are to be conducted to enable them to cast their vote. Hence, Employers of Shops & Establishments situated in areas of Gram Panchayats where Elections are to be held in the State of Andhra Pradesh are advised to declare Paid holiday for their employees to enable them to cast their vote in the elections. 

Renewal Of License Under Ease Of Doing Business In Goa

Government of Goa vide circular no.CE/12-72/2018-19/Exc/3093 has notified to renew all the licenses except industrial licenses and occasional licenses for a period of 5 years under the ease of doing business reforms. If the license holders pay the license fee for 5 years renewal, a 10% rebate shall be given on the total fees on or before March 31, 2021. Further, if the renewal is taken for 3 years and the fees are paid in advance for 3 years, a rebate of 5% shall be given on or before 31st March 2021. Any enhancement in the renewal of the license fee shall not be applicable to the holders who have paid the license fee in advance. The officials shall maintain all the records for the renewal of the licenses and shall submit a report for the same by 15 or 30 of the months or the last date that is 31st March 2021. 

Paid Holiday For Employees Of Shops And Establishments In Punjab On Account Of Municipal Corporation Elections

The Government of Punjab vide notification no. 21/07/2015-5L/171 has notified paid holiday on 14th February 2021 to enable the employees working in the shops and commercial establishments who are voters of districts where General Elections of Municipal Corporations, Municipal Councils, Nagar Panchayats and Bye-election to certain wards of Municipal Corporations/Municipal Councils/Nagar Panchayats are taking place.

The Maharashtra State Tax On Professions, Trades, Callings, And Employments (Amendment) Rules, 2021

The Government of Maharashtra vide notification No. PFT-1221/C.R. 2/Taxation-3 has amended the format of Form III-B filed for returns and payment of tax by employers under the Maharashtra State Tax on Professions, Trades, Callings, and Employments Rules, 1975.

The Maharashtra Minimum Wages VDA Notification (Jan 2021)

The government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective from 1st January 2021 which will be valid till 30th June 2021

Amendment To Madhya Pradesh Factories Rules, 1962

Government Of Madhya Pradesh vide notification No.F.01-02-2021-A-XVI has amended provision towards registration and grant of license under The Madhya Pradesh Factories Rules, 1962. As per the amendment, the employer has to file online Form No. 4 (notice of occupation) available on the official portal of the Labour Department, Government Of Madhya Pradesh via www.labour.mp.gov.in for grant of registration and licence will be provided online in Form No. 3 for a period of ten years or more as prescribed by the State Government.

Medical Benefits Under Employees’ State Insurance (General) Regulations, 1950 Extended To Dharmapuri And Ranipet Districts Of Tamil Nadu

ESIC vide notification No. N-15/13/14/4/2015 has extended the Medical benefit to families of insured persons under the Employees’ State Insurance (General) Regulations, 1950 to the entire area of Dharmapuri and Ranipet districts of Tamil Nadu effective from 1st February 2021. This is in addition to the already implemented area of these districts. 

The Karnataka Minimum Wages Notification (April 2021)

The Government of Karnataka vide notification no.DES/01PWX/04/2021 has released the enhanced consumer price index for 2021 for calculating the variable dearness allowance effective 1st April 2021 to 30th March 2022

Paid Holiday For Employees Of Industrial Establishments, Factories, Shops And Commercial Establishments On Account Of Bye-Election In Delhi

The Government of National Capital Territory of Delhi has notified that the polling for bye-election of two wards of North Delhi Municipal Corporation (ward no. 32 N-Rohini C, ward no. 62 N-Shalimar Bagh North) and three wards of East Delhi Municipal Corporation (ward no. 02 E-Trilock Puri East, ward no. 08 E-Kalyanpuri and ward no. 41 E-Chauhan Bangar) are to be held on 28th February 2021. The office of the Secretary-cum-Commissioner (Labour) vide notification no: 184/Addl. L.C./Holiday-Election/2019/774-781 has directed all employers of industrial establishments/factories/shops and commercial establishments of NCT of Delhi to grant one day paid holiday to their employees who are electors in the above-mentioned wards, to enable them to cast their vote in their respective wards on the day of polling, i.e 28th February 2021 (Sunday).

The Maharashtra State Tax On Professions, Trades, Callings, And Employments (Second Amendment) Rules, 2021

The Government of Maharashtra vide notification no.PFT-1221/C.R.3/Taxation-3 has amended the Maharashtra State Tax on Professions, Trades, Callings And Employments Rules, 1975. As per the notification, for providing permanent account number or tax deduction and collection account number under rule 4A, it is added that when a company applies for a certificate of registration or enrolment, it shall provide the Permanent Account Number (PAN) or Tax Deduction and Collection Account Number (TAN) under the Income Tax Act, 1961 of all the directors and authorized signatory of the Company. Furthermore, the provision for the exhibition of certificates under rule 8 has been deleted. 

EPFO Circular Regarding Member Profile Correction

EPFO vide circular no: WSU/KYC/Correction process (E-15189)/2874 has notified a competent authority to approve member profile correction requests. Member profile correction requests such as a change in Name, Gender, Date of Birth, and Father name are ‘categorized into Minor and Major corrections. Minor corrections include expansion of initials, insertion of father name as a middle name as per Aadhaar, and change in the surname of female employees after marriage. Major corrections are changes in the complete name, Father name, or correction in more than two fields, which require documentary evidence. APFC/RPFC II approves the minor corrections whereas RPFC I/ RPFC II (OIC) approves the major corrections. 

Extension To Filing Of Annual Return Under The Factories Act, 1948 In Andhra Pradesh

The office of the director of factories, Andhra Pradesh vide circular no.A1/3117/2017 has extended the due date for filing annual return under the Factories Act to 30th April 2021. Therefore all officers and SOs are instructed not to insist on annual returns up to the due date and also not to accept the manual submission of returns since using the online facility is mandated for submission of the Annual Returns. 

Amendment To Self Certification Cum Online Common Inspection Scheme In Puducherry

The Administrator of Pondicherry vide notification no.02/AIL/Lab/G/2021 has amended the previous notification dated 12th Of August 2020 for inspections under various labour laws to facilitate ease of doing business in the union territory. As per the new amendment, inspection based on complaints or surprise inspections shall be conducted with specific permissions from the Labour Commissioner and joint inspection shall be conducted by the Inspecting officer in respect of the following acts, (1) The Equal Remuneration Act, 1976 (ii) The Maternity Benefit Act, 1961 (iii) The Minimum Wage Act, 1948 (iv) The Puducherry Shops And Establishments Act, 1964 (v) The Payment Of Bonus Act, 1965 (vi) The Payment Of Wages Act, 1936 (vii) The Payment Of Gratuity Act, 1972 (iv) The Contract Labour (Regulation and Abolition) Act, 1970

The Kerala Minimum Wages Notification (Dec 2020)

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/953/2021-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 December 2020 are as ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act

Exemption From Applicability Of Certain Provisions Under Various Labour Laws In Telangana

Government Of Telangana vide notification no.G.O.Rt.No.106; in order to minimize the burden of regulatory compliance to the industry for Ease of Doing Business has exempted the applicability of certain provisions related to displays of abstracts, notices, returns, registers and rules related to principal employer attestation on wage register etc. The notification also provides for self-certification in respect of the compliances under various labour laws such as (1) Telangana Shops and Establishment Act, 1988, (2) Telangana Labour Welfare Fund Act, 1987, (3) Telangana Factories and Establishments (National, Festival and other Holidays) Act, 1974, (4) Contract Labour (Prohibition and Regulation) Act, 1970 (5) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (6) Minimum Wages Act, 1948 (7) Industrial Employment (Standing Orders) Act, 1946 (8) Payment of Gratuity Act, 1972 (9) Motor Transport Workers Act, 1961 (10) Payment of Wages Act, 1936. Employers may follow these exemptions in their establishments located in the state of Telangana and self-certification may be filed along with an integrated annual return to ensure compliance with the provisions of the Act. These exemptions may be revoked if any compliances are in non-confirmity with the provisions of the law.

Introduction Of Online Maintainance Of Registers, Returns Under Various Labour Laws In Rajasthan

The Government of Rajasthan vide circular no. EODB/2020/4356 has introduced the maintainance of online registers and returns under various labour laws applicable in Rajasthan. 

Karnataka Shops And Commercial Establishments (Second Amendment) Act, 2020

The Government of Karnataka vide notification no. 08 Of 2021 has amended the provision for annual leave with wage under Section 15(7) of Karnataka Shops and Commercial Establishments Act, 1961. As per the amendment, the total number of days of leave that may be carried forward towards a succeeding year is increased to forty-five days for all employees. 

Exemption From Applicability Of Certain Provisions Under Factories Act, 1948 In Telangana

The Labour, Employment, Training & Factories Department, Telangana vide circular no: G.O.Rt.No.118 has issued measures for simplifying/minimizing the regulatory compliance burden to the industry. In the interest of Ease of Doing Business, exemption from the applicability of certain provisions of the Factories Act, 1948 and Telangana Factories Rules, 1950 is provided. These exemptions are mentioned in Annexure appended to the notification, subject to the condition that the occupier shall submit self-certification / third-party certification online. The exemption is given to factory law compliances including the filing of return and statutory reporting, inspection, examination and audits requirements, maintenance of registers and records, display requirements, employee safety, and welfare requirements, etc. 

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