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

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Amendment To Order On Extension Of Working Hours For Factories In Uttarakhand:

Government of Uttarakhand vide notification No:VIII/20-91(Labour)/2008 T.C-1 has amended notification on the extension of working hour dated 28th April 2020 to include conditions for Overtime,(1) In respect of production process every day working shifts will be divided in twelve to twelve hours where four hours will be overtime (2) The workers working in two shifts shall work six days in a week and overtime will be limited till twenty-four hours (3) Workers shall be provided thirty minutes rest after every six hours of work. The amendments applicable to factories for continues process.

Exemption For Employers From Various Labour Laws In Madhya Pradesh:

Government of Madhya Pradesh vide Gazette notification has provided an exemption to various laws such as Contract Labour (Regulation and Abolition) Madhya Pradesh Rules, 1973, The Madhya Pradesh Factories Rules, 1962, The Industrial Disputes Act, 1947, The Madhya Pradesh Industrial Relation Act, 1960, The Madhya Pradesh Shops and Establishment, Act 1958 in the state. Below are the brief extracts to the notification 1)Various provisions under the Factories Act 1948 and Madhya Pradesh factory Rules,1962 have been exempted for three months, except section 6, 7, 8, section 21 to 41-H under chapter 4 about safety, section 59, section 65, section 67, section 79, section 88, section 112 and rules made thereunder 2) Contract Labour license validity has been extended till the period of the contract 3) Exemption from provisions of inspection of factories and recognizing third party inspection for non-hazardous category factories employing upto fifty workers. Such factories shall submit the certification carried out by a third party, authorised by the labour commissioner, Madhya Pradesh, to the inspector having jurisdiction before 31st January of every year. 4) Industries of the states are exempted from the provisions of Industrial Disputes Act 1947 except Chapter V-A, Section 25-N,25-O,25-P,25-Q and 25-R of Chapter V-B for next one thousand days 5) Exemption to major industries such as Garments, Iron and steel, Electrical goods, Sugar and its by-products, Cement, Electricity generation, Public motor transport, Engineering including the manufacture of Motor vehicle, potteries, chemical, leather tanneries, from Madhya Pradesh Industrial relations Act. 6) Shops and establishment exemption to operate 24/7 has been suspended and no shops or commercial establishment situated in the local areas may open earlier than 06:00 A.M and be kept open later than 12:00 P.M. Please refer to the notification for detailed information.

The Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020:

Governor of Madhya Pradesh vide notification no.166 dated 6th May 2020 has promulgated The Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020 amending The Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 and The Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 which shall come into force from the date of publication in the Gazette. Details of the Ordinance are as below, 1) The Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 has now been made applicable to every undertaking wherein the number employees on any day during twelve months preceding is more than hundred instead of fifty as it stood prior to the amendment 2) Under the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 a new provision has been added empowering the Government to exempt any establishment or any category of establishment from any or all of the provisions of this Act by issuing a notification subject to the conditions specified. Please refer notification for detailed information.

Employers DSC e-Sign Registration Of Authorised Signatories In The Lockdown Period:

EPFO vide press note, keeping in view the COVID situation and to further ease the compliance procedure has decided to accept KYC attestation, transfer claim attestation etc through email also. An employer can send the scanned copy of the duly signed request letter to the concerned Regional Office through the mail. Official email addresses of the Regional Offices are available at www.epfindia.gov.in. Please refer notification for more details.

The Telangana Minimum Wages Notification (Apr 2020):

As per the press note released, Commissioner of Labour Telangana, Hyderabad and the Competent Authority under the Minimum Wages Act, 1948 has declared the CPI points for calculation of variable dearness allowance for the state of Telangana with effect from 1st April 2020.

Extension Of Working Hours For Factories In Assam:

Government of Assam vide Notification No.GLR.170/2019/Pt./4 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 52 (Weekly Holidays), Section 56 (Spread Hours) and has exempted all establishments registered under The Assam Shops And Establishments Act, 1971 from the provisions of Section 6 (Daily and Weekly hours) with effect from 8th May 2020 subject to the conditions specified, (1) a Total number of the working hour in one day shall not exceed twelve hours (2) The spread over-inclusive of intervals for rest shall not exceed thirteen hours in any one day. Employers and Employee may mutually agree to an extension of working upto a maximum of the twelve-hour subject to payment of overtime wages to the employee and workers. Further referring extension, mutual agreement between employer and employee and workers shall remain valid upto a maximum of three months from the date of issue or withdrawal of the notification. Hence, employers having their factories and shops, establishments in the state of Assam registered under the respective 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.

Extension Of Working Hours For Factories In Goa:

Government of Goa vide notification No. CIF/092(Part-2)/S-II/IFB/2020/191 has exempted all of the adult workers, who are not holding positions of supervision or management and/or not employed in a confidential position within the meaning of sub-section (1) of Section 64 of the Act, working in all of the factories situated in the State of Goa, registered under The Factories Act, 1948 from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 52 (Weekly Holidays), Section 56 (Spread Hours), Section 59 (Extra wages for overtime) with effect from 8th May 2020 till 31st July, 2020 subject to aforesaid conditions, (1) the total number of hours of work 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 worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy five;(5) no worker shall work for more than five hours before he has had an interval for rest of atleast half an hour;(6) where a worker works in a factory for more than forty-eight hours in any week he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages in accordance with the provisions prescribed under Section 59 of the said Act; (7) if a worker is required to work on weekly holiday(s), he shall be allowed to avail compensatory holiday(s) for having worked on weekly holiday(s), within the month in which the holidays were due to him or within the two months immediately following that month in accordance with the provisions prescribed under Section 53 of the said Act; (8) the instructions issued by the Ministry of Home Affairs, Government of India and the Government of Goa from time to time regarding COVID-19 pertaining to social distancing, sanitization, etc. shall be strictly followed. Hence, employers having their factories in the state of Goa 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.

Extension Of Due Date For Filing Integrated Annual Returns In Telangana:

Government of Telangana, Department of labour vide notification has extended the date of furnishing of integrated returns for 2019-20 by two months and fixed the date of furnishing of returns as 30th June 2020 as a one time measure. Please refer to the notification for detailed information.

The Andhra Pradesh Minimum Wages Notification (April 2020):

As per Government Notification NO.J / 3432179 / 2020, CPI points for minimum wage calculation has been released for the state of Andhra Pradesh with effect from 1st April 2020.

Instructions To Shops And Establishments On Further Extension Of Lock Down In Telangana:

Government of Telangana vide notification no G.O.Rt.No.173 extended lockdown subject to relaxations. In this regard, no shops and establishments except hospitals and pharmacy will remain open after 6.00 P.M. Therefore Government directed The Commissioner of Labour, Telangana, Hyderabad and the Director of Factories, Telangana, Hyderabad to take further necessary action accordingly.

The Central Minimum Wages Notification (April 2020):

As per notification No. 1/VDA(3)/2O2O-LS-II, Government of India has released Minimum Wages for the Central sphere effective 1st April 2020.

Order On Withdrawal Of The Punjab Minimum Wages Notification Effective 1st Mar 2020:

Government of Punjab, as per notification number No.ST/9408 had released the Minimum Wages for the State effective from 1st March 2020. In pursuance to the same, the Government of Punjab considering the emergent economic situation arising out of COVID-19 has issued an order withdrawing the notification number No.ST/9408 published on 1st May 2020 revising minimum wages effective 1st March 2020. Hence employer may continue to follow the existing minimum wages prevailing prior to the withdrawn notification till further notice from the Government of Punjab.

Amendment To The Madhya Pradesh Factories Rules, 1962:

Government of Madhya Pradesh, vide notification No. 275/1143/2019/A-16, has amended the Madhya Pradesh Factories Rules, 1962. As per the notification, the due date to file an annual return has been amended from 15th January to 1st of February every year to be filed online as prescribed. Please refer to the notification for details.

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

Government of Gujarat vide notification No.GHR/2020/59/CLA/152020/210/M-3 has extended the applicability of The Contract Labour (Regulation and abolition) Act, 1970 to the establishments and contractors in Gujarat from existing applicability of employing ten or more workmen to twenty or more workmen.

Relief To Establishments Covered Under EPF From Levy Of Penalty For Delayed Deposit Of Dues During Lockdown:

EPFO Considering the difficulty faced by the establishments in the timely deposit of contributions or administrative charges due for any period during the lockdown, the EPFO has decided that such delays due to operational or economic reasons shall not be treated as default and penal damages should not be levied for such delay. Circular dated 15.05.2020 has been issued to Field Offices of EPFO containing instructions to the effect that no proceeding shall be initiated for levy of penal damages in such cases which is available under TAB “COVID-19” on the home page of EPFO website.

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

ESIC vide circular No.P-11/12/Misc/1/2019(M)-Rev. II has 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.

Amendment Of Maternity Benefit Forms Under Employees State Insurance (General) Regulations, 1950:

ESIC vide notification No. N-12/13/1/2016-P&D has amended The Employees’ State Insurance (General) Regulations, 1950 to bring following changes as mentioned, (1) Revised Form 17 (Certification/Notice of Pregnancy) and Form 19 (claim for Maternity Benefit and Notice of work) (2) Under Regulation 87, which regulates notice of pregnancy by an insured woman, newly inserted Regulation 87A shall now provide for Notice of Commission Mother to be submitted in the amended Form 17 to the appropriate branch office (3) Under Regulation 88, which regulates the claim for maternity benefits commencing before confinement, newly inserted Regulation 88A shall require submission of a declaration by an insured woman of her surviving child or children (4) Under Regulation 89 which provides for a claim for maternity benefit only after confinement or for miscarriage, (a) Newly inserted Regulation 89C shall require submission of a claim for Maternity Benefit by Commissioning Mother in the amended Form 19. Provided further if commissioning mother and another woman both are insured, the claim will be provided only to the commissioning mother. Claim against miscarriage will not be payable to the commissioning as well as to the other woman (b) Newly inserted regulation 89 D shall require submission of a claim for Maternity Benefit by Adoptive mother in the amended Form 19 as well.

EPFO Reduces The Contribution Rate To Ten Per Cent From Existing Rate Of Twelve Per Cent:

Government of India vide notification S.No.1513 has amended the earlier notification dated S.O.320 (E) dated the 9th April 1997 which retained the rate of contribution at Ten per cent to (i)Any establishment in which less than twenty persons are employed, (ii) Any sick industrial company, (iii) Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth and (iv) Any establishment in Jute, Beedi, Brick, Coir and guar gum industry. As per the new notification Government has amended by adding new Clause which refers to; “Any establishment other than Central public sector enterprises and state public sector enterprises and other establishments owned by, or under the control of the Central Government or the State Government, as the case may be, in respect of wages payable by it for the months of May, June and July 2020”. Provided that this clause shall not be applicable to the establishments eligible for relief under the Pradhan Mantri Garib Kalyan Yojna guidelines issued by the Employees Provident Fund Organisation (EPFO). Therefore for the establishments registered under the Act other than Government enterprises/establishments and establishments already seeking relief under the Pradhan Mantri Garib Kalyan Yojna, the contribution which shall be paid by the employer to the EPF shall be Ten per cent and the employee’s contributions shall be equal to the contribution payable by the employer in respect of wages payable to employees for the months of May, June, July 2020.

Frequently Asked Questions On Reduction In Statutory Rate Of EPF Contribution From Twelve Percent To Ten Percent:

EPFO in its notification No.1513 dated 18th May 2020 had declared regarding reduction In the statutory rate of EPF contribution from Twelve per cent to Ten per cent. Therefore, EPFO has released Frequently Asked Questions to bring more clarity on the notification for the reduction in the statutory rate from twelve per cent to ten per cent for three months that is during May, June, July 2020. Please refer to the FAQ for more details.

The Kerala Minimum Wages Notification (March 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 March 2020 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act.

Self Certification Scheme For Factories In Goa:

Government of Goa vide notification no CIF/094/S-II/IFB/2020/242 has introduced scheme known as ‘Self Certification Scheme’ to simplify compliance for the Factories covered section 2(m) (i) or section 2(m) (ii) or covered under section 85 of the Factories Act, 1948 except for the factories categorized as “major accident hazards (MAH) installations” as defined under clause (ja) of rule 2 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989. The scheme shall be valid for five calendar years including the calendar year when the scheme was used. The scheme may be renewed for further five-calendar year after completion of the tenure of the scheme. Therefore, Occupier may get enrolled for this scheme at any time in a calendar year by submitting an application in Form – I. After being enrolled to the scheme, the occupier/manager of the factory shall file the Returns online through Goa Online e-District portal: https://goaonline.gov.in/Appln/Uil/DeptServices?__DocId=FAB&__ServiceId=FAB04. Once after enrolling under this scheme employer is exempted from maintenance of registers as list below in hard copy format and shall be maintained in soft copy format as mentioned i.e (i) Record of lime washing, painting, etc. in Form No. 08; (ii) Humidity Register in Form No. 9; (iii) Register of Compensatory Holidays in Form No. 17; (iv) Overtime muster roll for exempted workers in Form No. 18; (v) Register of adult workers in Form No. 20; (vi) Register of child workers in Form No. 22; (vii) Register of leaving with Wages in Form No. 23; (viii) Leave Book in Form No. 24; (ix) Nomination for Payment of Wages due for a period of leave with wages in the event of the death of a worker in Form No. 25; (x) Muster Roll in Form No. 36; (xi) Register of accidents and dangerous occurrences in Form No. 37; and (xii) Inspection Book in Form No. 38. The Occupier/manager shall submit compliance to the inspection report within one month from the date of receipt Inspection Report. Once inspected, the same factory will not be inspected again during the remaining period of the validity of the scheme unless there is the occurrence of a fatal accident or accident causing serious bodily injury or dangerous occurrence takes place or any specific complaint/grievance is received regarding violation of the law during the said period. Please refer to the notification for more details .

Amendment To The Industrial Employment (Standing Orders) Central Rules, 1946 In Goa:

Government of Goa vide Gazette notification no 24/09/2020-LAB/284 has implemented the central amendments on Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 in the state, which amends item 1 under “Schedule” of The Industrial Employment (Standing Orders) Act, 1946 which substitutes the “fixed-term employment workmen in the apparel manufacturing sector;” to “fixed-term employment”. The amendment also incorporates the provision of Rule 3(A) under The Industrial Employment (Standing Orders) Central Rules, 1946 which provides that employer of an industrial establishment shall not convert the posts of the permanent workmen to fixed-term employment and similarly included “fixed-term employment workman” with conditions of facilities such as hours of work, wages, allowances and other statutory benefits shall not be lesser than the facilities for the permanent workman. Please refer notification for more details.

Specific Process To Claim Provident Fund Advances Under EPFO:

EPFO to facilitate members for PF Advances, members can log in http://unifiedportal-mem.epfIndia.gov.in for all claims related to Form-31,19,10C & 10D. Please refer extracts of webpage for more details on the online process to claim advances .

Extension Of Working Hours For Factories In Karnataka:

Government of Karnataka vide notification No.KAE 33 KABANI 2020 has exempted all factories registered under The Factories Act, 1948 in the state from the provisions of Section 51 (Weekly Hour), Section 54 (Daily Hour) with effect from 22nd May 2020 to 21st August 2020 subject to conditions that no adult worker shall be allowed or required to work in a factory for more than ten hours in any day and Sixty hours in any week and provision of Section 59 regarding overtime wage shall continue to be applicable without any change.

Withdrawal Of Order On Extension Of Working Hours In Factories In Rajasthan:

Government of Rajasthan vide notification No .. F.3 (15) / Legal / F & B / 2020 / 3o/ has cancelled the order no. F.3(15)/Legal/F&B/2020/188 dated 11-04-2020 and order no. F.3 (15)/Legal/F&B/2020/226 dated 24-04-2020 issued earlier under Section 5 of the Factories Act, 1948 (Act No- 63 of 1948) granting exemption to all factories registered under Factories Act, 1948 from provisions of section 51, section 54 of the act subject to certain conditions as per the notification. Therefore, employers of factories in the State of Rajasthan are advised to comply with the working hours as prescribed under the Factories Act,1948. Please refer notification for further details .

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