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

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Amendment To The Puducherry Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2001

Government of Puducherry vide notification no G.O Ms.No.04/AIL/Lab/G/2020 has amended The Puducherry Building and Other Construction Workers (Regulation of Employment and Condition of Service) Rules, 2001. As per the amendment, the summary of the changes are given below (a) The application for registration under The Puducherry Building and Other Construction Workers (Regulation of Employment and Condition of Service) Rules shall be made through the online portal of Labour Department, Puducherry i.e https://loe.py.gov.in/ (b) The fees for registration of the establishment shall be paid by visiting online portal of Government of Puducherry under the relevant head of accounts viz 00-0230-00-800-01-00-01-Labour & Employment, Other receipts, collection registration fees building construction workers. (c) Amendment to the registration certificate may be made through the online portal of Labour Department, Puducherry (d) The notice for completion and commencement shall be in Form IV through the online portal of the Labour Department, Puducherry (e) The combined annual return in Form XXV shall be submitted through the online portal of Labour department. The amendment also requires that books, register, records shall be maintained electronically at the discretion of Employer subject to the condition that Employer shall furnish all such books, register, records in the electronic form to Inspector on demand. 

Further Relaxation For Employers On Filing Of ESI Contribution For The Period October 2019 To March 2020

ESIC in its earlier notification vide circular No.P-11/12/Misc/1/2019(M)-Rev. II had extended time of filing return of contribution for the contribution period October 2019 to March 2020 under Employees State Insurance (General) Regulations, 1950 to 11th June 2020. In reference to the same, ESIC as per circular no P-11/12/Misc./1/2019 (M) Rev.II dated 1st July 2020 has now further extended the return of contribution till 15th July 2020 for the contribution period October 2019 to March 2020.

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

Governor of Bihar vide ordinance No. 06, 2020 dated 2nd July 2020 has promulgated The Contract Labour (Regulation And Abolition) (Bihar Amendment) Ordinance, 2020 which amends the existing applicability to the act for the establishments employing twenty or more workmen to fifty or more workmen. 

Amendment To The Bihar Professional Tax Rules, 2011

Governor of Bihar vide notification S.O.140 dated 2nd July 2020 has amended The Bihar Professional Tax Rules, 2011 where the existing designated authorities under the act in the state has been revised for the mentioned purposes such as tax returns and payment, failure to deduct or to pay tax, recovery of taxes, compounding of offenses.

The Industrial Disputes (Bihar Amendment) Ordinance, 2020

Governor of Bihar vide notification no.07,2020 dated 2nd July 2020 has promulgated The Industrial Disputes (Bihar Amendment) Ordinance, 2020 amended section 25 K of Industrial Disputes Act, 1947. As per the ordinance the Chapter V of Act, which specifies provisions relating to layoffs, retrenchment, closure of a certain establishment, will be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing two hundred workmen. 

The Factories (Bihar Amendment) Ordinance, 2020

Governor of Bihar vide notification no.08,2020 dated 2nd July 2020 has promulgated the Factories (Bihar Amendment) Ordinance, 2020. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power.

The Industrial Disputes (Gujarat Amendment) Ordinance, 2020

Governor of Gujarat vide notification No.5 of 2020 dated 3rd July 2020 has promulgated the Industrial Disputes (Gujarat Amendment) Ordinance, 2020 amending section 25 K of Industrial Disputes Act, 1947. As per the ordinance, the applicability of Chapter V of the Act, which specifies provisions relating to layoffs, retrenchment, closure of certain establishments, an industrial establishment where the number of workmen employed are 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 Factories (Gujarat Amendment) Ordinance, 2020

Governor of Gujarat vide notification no.06,2020 dated 3rd July 2020 has promulgated The Factories (Gujarat Amendment) Ordinance, 2020. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. 

Further Amendment To Applicability Of The Contract Labour (Regulation And Abolition) Act, 1970 In Tripura

Government of Tripura vide notification No.F. 16(8)-LAB/ENF/CL/2008/3854-61 and in suppression of previous notification bearing no F.16(8) LAB/ENF/CL/2008/2976-92 dated 27 May 2020 has extended the applicability of The Contract Labour (Regulation And Abolition) Act, 1970 to any establishment or class of establishments or any class of contractors from existing applicability of employing twenty or more workmen to fifty or more workmen for one thousand days instead of six months.

The Factories (Himachal Pradesh Amendment) Ordinance, 2020

Governor of Himachal Pradesh vide ordinance no 05 of 2020 dated 9th July 2020 has promulgated The Factories (Himachal Pradesh Amendment) Ordinance, 2020. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. The total number of workers for overtime shall not exceed one hundred and fifteen hours instead of seventy-five hours subject to the condition that overtime shall have to be paid twice the rate of ordinary wages.

The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020

Governor of Himachal Pradesh vide ordinance no 04 of 2020 dated 9th July 2020 has promulgated The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 amending The Industrial Disputes Act, 1947. As per the ordinance, the provision of the prohibition of strikes and lock-outs now includes non-public utility service as well along with public utility service within the provisions of the Act (b) The conditions for retrenchment compensation has been enhanced to sixty days from the earlier fifteen days average pay for every completed year of continuous service or any part thereof more than six months. 

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

Governor of Himachal Pradesh vide ordinance No. 03, 2020 dated 9th July 2020 has promulgated The Contract Labour (Regulation and Abolition) Himachal Pradesh Amendment Ordinance, 2020 which amends the applicability to the Act for the establishments employing twenty or more workmen to thirty or more workmen. 

Circular On Online Submission Of Annual Report Under POSH Act Within 14th August 2020 In Mumbai

Government of Maharashtra vide circular no. DWCDOMC/POSH Act 2013/2020-21/ has mandated employers who have not submitted the annual report under The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013 for the year 2019 may submit to the District Officer, Mumbai City on or before the evening of 14th August 2020. Therefore, the Annual Report shall be submitted online via dwcdmumbai@gmail.com in the format as provided.

The Daman And Diu Minimum Wage Notification (April 2020)

The Administrator of Daman and Diu vide notification NO.LE/LI/DMN/MWA-3(II)/2020/150 has released Minimum Wages for the Union Territory of Daman and Diu effective from 1st April 2020 to 30th September 2020.

The Dadra And Nagar Haveli Minimum Wage Notification (April 2020)

The Administrator of Dadra & Nagar Haveli vide notification NO.LE/LI/DMN/MWA-3(II)/2020/150 has released Minimum Wages for the Union Territory of Dadra and Nagar Haveli effective from 1st April 2020 to 30th September 2020. 

The Factories (Goa Amendment) Ordinance, 2020

Governor of Goa vide notification no.8/2/2020-LA dated 10th July 2020 has promulgated the Factories (Goa Amendment) Ordinance, 2020. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. 

Inspections Under Various Labour Laws To Facilitate Ease Of Doing Business In The State Of Telangana

Government of Telangana vide G.O No. 13 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 State. 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 Low-risk category will be once in five years, for Establishments under the Medium Risk category will be once in three years and for Establishments under the High-Risk category will be once in two years. Therefore, the aforementioned scheme shall be applicable to the following acts – The Payment of Wages Act, 1936, The Factories Act, 1948, The Minimum Wages Act, 1948, The Maternity Benefit Act, 1961, The Motor Transport Workers Act, 1961, The Payment of Bonus Act, 1965, The Contract Labour (Regulation and Abolition) Act, 1970, The Payment of Gratuity Act, 1972, The Equal Remuneration Act, 1976, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, The Telangana Labour Welfare Fund Act, 1987, The Telangana Shops & Establishment Act, 1988, The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Extension Of Validity Period Of Scheme For Implementation Of PMGKY Package To Twenty Four Percent Contribution For Employer And Employee

EPFO in continuance of guidelines issued on 9th April 2020 has further released the circular and guidelines to the implementation of Pradhan Mantri Garib Kalyan Yojana Package for credit of Employees and Employers Share of EPF & EPS Contributions (24% of wages) for three months by Government of India. As per the notification to prevent disruption in the employment of low wage-earning employees and support establishments employing up to one hundred employees, the entire employees EPF contributions (12% of wages) and employers’ EPF & EPS contribution (12% of wages), totaling 24% of the monthly wages for the next three months that is June, July, August shall be directly paid by the Central Govt. in the EPF accounts (UAN) of employees, who are already members of Employees Provident Funds Scheme,1952, drawing wages less than fifteen thousand rupees per month and employed in establishments, already covered under the Employees Provident Funds And Miscellaneous Provisions Act 1952, employing up to one hundred employees, with 90% or more of such employees earning less than fifteen thousand rupees monthly wages. 

Extension Of Time Limit To Deposit Labour Welfare Fund In Maharashtra

Government of Maharashtra through the official website of Maharashtra Labour Welfare Board has published a notice in the webpage intimating extension of last date for payment of contribution to Labour welfare fund till 15th August 2020. The official notification is yet to be released by the Labour Welfare Board, Government of Maharashtra. Please refer to the official government link of Maharashtra Labour welfare board http://public.mlwb.in/public for more details

The Puducherry Minimum Wages Notification (Jan 2020)

The Administrator of Puducherry vide notification No. 2/Lab./AIL/G/2012/866 has released Minimum Wages for the Union Territory of Puducherry effective from 1st January 2020

Extension Of Earlier Order Declaring Paid Holidays For Shops And Establishment In Telangana Till 31st July 2020

Government of Telangana, Labour Employment Training & Factories Department vide notification no G.O.Rt.No. 235 has issued a notification with reference to the earlier order dated 09th June 2020 regarding the declaration of paid holidays for shops and establishment, which was given effect up to 30th June 2020 has been extended up to 31st July 2020, subject to the relaxations given and conditions imposed therein.

EPFO Circular Towards Settlement Of Death Claims On Priority Basis In Events Of Industrial Accident Claim

EPFO vide circular no EDLI/3(39)SOM/2020/246 has directed Regional Provident Fund Commissioner (in-charge of Regions) to depute an Enforcement Officer towards ascertainment of complete details of any incidents of industrial accidents resulting in the death of employees of a covered establishment as well as ensuring due guidance provided to family members/legal beneficiaries of the deceased members by the filing of claims. 

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

Government of Gujarat had earlier on 13th May 2020 amended The Contract Labour (Regulation and Abolition) Act 1970 where the applicability for establishments employing ten or more workmen was increased to twenty or more workmen. Now the Governor in view of the current situation of COVID-19 has promulgated The Contract Labour (Regulation and Abolition) (Gujarat Amendment) Ordinance, 2020 vide ordinance No. 07, 2020 dated 20th July 2020 which further changes the applicability to the act for the establishments employing twenty or more workmen to fifty or more workmen. 

Karnataka Defers Payment Of VDA Payable Effective 1st April 2020

Government of Karnataka vide order no. KaE 72 LWA 2020 dated 20th July 2020 has passed resolution towards postponing the VDA payable from 1st April 2020 to 31st March 2021 to mitigate the hardship being faced by the employers who were directed by the Central Government to pay wages, including VDA to their employees for the lockdown period. Employers who already started paying the VDA may continue to do so along with all the statutory contributions and payments. Employers who are yet to provide the minimum wages effective April 2020 may avail of this benefit provided by the government. Since this is only a postponement, the government may revoke this notification in the future and may advice the employers to pay the minimum wages as per the VDA applicable effective 1st April 2020 along with arrears. 

The Factories (Haryana Amendment) Act, 2018

Government of Haryana vide Notification No. Leg.17/2020 dated 20th July 2020 has notified The Factories (Haryana Amendment) Act, 2018 to further amend the Factories Act 1948 as in force in the state of Haryana with immediate effect. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. The notification also amends the number of hours allowed to work overtime in any quarter from seventy-five hours to one hundred and fifteen hours.

Extension Of Working Hours For Factories In Gujarat

Government of Gujarat vide notification No.GHR/2020/92/FAC/142020/346/M3 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 20th July 2020 till 19th October 2020 subject to aforesaid conditions, (1) No Adult workers shall be allowed or required to work in the factory more than twelve hours in any day and seventy-two hours in any 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 has had an interval for rest at least half an hour (3) No female workers shall be allowed or required to work in a factory between 7.00 PM to 6.00 AM (4) Wages shall be in a proportion of the existing wages. (e.g If Wages for eight hours are 100 Rupees, then proportionate wages for twelve hours will be 150 Rupees). Hence, employers having their factories in the state of Gujarat 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 wages.

The Himachal Pradesh Minimum Wages Notification (Apr 2020)

The Government of Himachal Pradesh vide notification No. Shram (A)4-2/2018-L has released the minimum wages for the State of Himachal Pradesh effective from 1st April 2020

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

Government of Maharashtra, Finance Department vide Gazette notification dated 22nd July 2020 has notified The Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Ordinance 2020 to amend The Maharashtra State Tax On Professions, Trade, Callings And Employments Act, 1975. The salient features of the ordinance are as follows, (1) Newly inserted Section 5(3A) which provides that a company incorporated under the provision of Companies Act 2013 at the time of incorporation shall obtain the certificate of enrollment and certificate of registration under the Maharashtra PT Act. (2) Newly inserted provision to Section 6(1) shall state that employer registered under Section 5(A) shall, after the commencement of his liability to pay tax, furnish to the prescribed authority, a return in such form, such period and by such date as may be prescribed. 

The Odisha Minimum Wages Notification (April 2020)

The Government of Odisha vide notification No.4864/LC has released the Minimum Wages effective from 1st April 2020 for the State of Odisha.

Extension Of Working Hours For Factories In Dadra And Nagar Haveli And Daman And Diu

The Administrator of Dadra and Nagar Haveli and Daman and Diu vide Notification No. LE/LI/DMN/BRAP/238/2020/171 has exempted all factories registered under The Factories Act, 1948 in the Union Territory from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 52 (Weekly Holidays), Section 56 (Spread Hours) with effect from 23rd July 2020 for a period of two months subject to the conditions specified, (1) Total number of the working hour in any day shall not exceed twelve hours (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 workers shall be allowed to work overtime for more than seven days at a stretch, the total number of hours for overtime work in a quarter shall not exceed seventy five (5) No workers shall work for more than five hours before he had an interval for rest of atleast half an hour (6) Where worker works in a factory for more than forty eight hour in any week he shall in respect of overtime work be entitled to wage at the rate of twice his ordinary rates of wages in accordance with provision prescribed under Section 53 of the Act (7) The instruction issued by The Ministry of Home Affair, Government of India and the Union Territory of Dadra And Nagar Haveli from time to time regarding COVID 19 pertaining to Social Distancing, sanitising etc shall be strictly followed. Hence, employers having their factories registered under The Factories Act, 1948 may avail the benefit of extended working hours allowed at their factories.

The Kerala Minimum Wages Notification (May 2020)

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 May 2020 are as ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act.

The Industrial Disputes And Certain Other Laws (Karnataka Amendment) Ordinance, 2020

Governor of Karnataka vide ordinance no 15 of 2020 dated 31st July 2020 has promulgated The Industrial Disputes and Certain other laws (Karnataka Amendment)Ordinance, 2020 to amend The Industrial Disputes Act, 1947, The Factories Act, 1948, The Contract Labour (Regulation and Abolition) Act, 1970. Below mentioned are the brief description on the changes brought in by the ordinance (a) Provisions relating to layoffs, retrenchment, closure of the certain establishment, under Section 25K of The Industrial Disputes Act, 1947 will now be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing provision of one hundred workmen (b) The threshold limit for applicability to the Factories Act, 1948 has now been increased from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. (c) The number of hours allowed to work overtime has been increased from seventy-five hours to one hundred and twenty-five hours in any quarter (d) 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.

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