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

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Extension Of Working Hours For Factories In Himachal Pradesh

Government of Himachal Pradesh vide notification no.Shram(A)4-3/2017 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), Section 55 (Interval Of Rest), Section 56 (Spreadover) for a period of three months from the date of publication of the notification subject to below mentioned conditions, (1) No Adult workers shall be allowed or required to work in the factory more than twelve hours in a day and seventy-two hours in a 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 had an interval for rest at least half an hour (3) Wages in respect of increased working hour as a result of this exemption shall be in proportion to the existing Minimum Wage fixed by the Government of Himachal Pradesh under Minimum Wage Act 1948 (4) Provision of the Over Time under section 59 of the Act shall continue to apply without any change. Hence, employers having their factories in the state of Himachal Pradesh 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 Working Hours For Factories In Maharashtra

Government of Maharashtra vide notification no 3620/1 has exempted provisions of Section 51 (Weekly Hour), Section 52 (Weekly Holidays), Section 54 (Daily Hour), Section 56 (Spread over Hours) for factories in Maharashtra till 30th June 2021 subject to aforesaid conditions, 1. Overtime pay should be paid at double the normal wage 2. It is the responsibility of the occupier to ensure that changes in worker’s working hour do not affect their safety with reference to chemicals or other hazardous factories 3. The working hours in a day should not exceed twelve-hour 4. Working hours on any day should not exceed thirteen hours including rest time 5. The total working hour in any week should not exceed sixty hours 6. No workers should be given continuous overtime work for seven days in a row. Also, overtime hours in a quarter should not exceed one hundred fifteen hours 7. The occupier of the factory should take all necessary precautions to prevent the spread of coronavirus 8. There should be a safe distance between the two workers during the manufacturing process in the factory and the use of the mask is mandatory always 9. The occupier of the factory must take all necessary precautions to prevent the spread of the coronavirus 10. The said relaxation period shall be deemed to be as specified in Section 64 of the Factories Act 1948 till June 30, 2021. Hence, employers having their factories in the state of Maharashtra 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 Furnishing Of Integrated Returns Under Various Labour Laws In Telangana

Government of Telangana vide notification no.G.O.Rt.No.248 has extended the date of furnishing of integrated returns for 2020-21 and herein fixed the date of furnishing returns on 30th June 2021 as a one-time measures in view of the Second wave of COVID-19 situation in the State under various labour laws,(1) The Contract Labour (Regulation And Abolition) Act, 1970, (2) The Telangana Shops And Establishments Act, 1988, (3) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, (3) The Minimum Wages Act, 1948 (4) The Payment Of Wages Act, 1936 (5) The Motor Transport workers act 1961 (6) The Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act,1996 (7) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (8) The Telangana Factories And Establishments (National, Festival And Other Holidays) Act, 1974 (9) The Factories Act, 1948, (10) The Industrial Disputes (Central) Rules, 1957 (11) The Building And Other Construction Workers Welfare Cess Act, 1996 (12) The Payment Of Bonus Rules, 1975 (13) The Payment of Gratuity Act, 1972 (14) Maternity Benefit (Mines & Circus) Rules, 1963.

The Daman And Diu Minimum Wages Notification (April 2021)

The Administrator of Daman And Diu vide notification NO.LE/LI/DMN/MWA-3(II)/2021/90 has released Minimum Wages for the Union Territory of Daman and Diu effective from 1st April 2021 to 30th September 2021. 

The Dadra And Nagar Haveli Minimum Wages Notification (April 2021)

The Administrator of Dadra & Nagar Haveli vide notification NO.LE/LI/DMN/MWA-3(II)/2021/90 has released Minimum Wages for the Union Territory of Dadra and Nagar Haveli effective from 1st April 2021 to 30th September 2021.

Telangana Government Directive To Pay Wages To Employees Of Private Establishments During Lockdown Period

The Government of Telangana vide G.O.MS.No.102, has imposed lockdown in all parts of the State from 10. am to 6.00 am of the following day for a period of ten days subject to conditions and restriction. The regulation and measures also provide that all government, as well as private establishments, shall make payment of wages/ salaries fully to the workers/ employees including those working under contract and outsourcing basis during the above period. Any violation will be viewed seriously and will invite penal action under the relevant Act(s). 

The Uttar Pradesh Minimum Wages Notification (April 2021)

As per notification No. 336-61/Pravartan-(M.W.)/15 Minimum Wages released for the state of Uttar Pradesh effective from 1st April 2021 to 30th Sep 2021

ESI Contribution Due Date Extended For The Month Of April 2021

ESIC vide notification no p-11/14/Misc/1/2019-Rev-II, keeping in view of pandemic and second wave of Coronavirus (COVID-19), has extended the ESI contribution for the month of April 2021 from 15th May 2021 to 15th June 2021

The Kerala Minimum Wages Notification (March 2021)

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/859/2021-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 March 2021 ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act.

Circular On Mandatory Registration Of Inter-State Migrant Worker In Delhi

The Government of Delhi vide circular no.F.No.PA/Addl.LC/Lab/2021/499 has directed all principal employers employing (or have employed during last 12 months) the workers through outsourcing are required to mandatorily register with Labour Department through the e-district portal of Govt of NCT of Delhi on the link: https://edistrict.delhigovt.nic.in. The circular also directs contractors to issue passbook for interstate migrant workmen. Therefore, the circular states that principal employers and contractors shall strictly follow the circular and the non-following of the circular will attract legal action as mentioned in the Act. 

The Tripura Shops And Establishments (Fifth Amendment) Act, 2021

The Government of Tripura vide notification No. F.8(3) Law/Leg-I/2021(P)/ has notified Tripura Shops And Establishments (Fifth Amendment) Act 2021. As per the amendments, (1) registration of shops and establishments under section 16 of the Act has been deleted (2) The definition of “Registering Authority” under section 2(i) of The Tripura Shops And Establishments Act, 1970 has been deleted and under explanation to section 2(m) the word “Registering Authority” shall be replaced by word “Labour Officer” (3) Under section 17(1) “Shop-keepers and employers to maintain and keep records” of The Tripura Shops And Establishments Act, 1970 which replace expression “this Act” by expression “this act and any other law for the time being in force” (4) Under section 20(a) “power of inspector” of The Tripura Shops And Establishments Act, 1970 which replaced “Certificate of Registration” by expression “Trade license issued by Competent Authority under any law for the time being in force”. Hence, Employers of Shops and Establishments in the State of Tripura may make note of the above amendments. Please refer to the notification for more details.

Further Extension Of Due Date For Renewal Of Trade License Without Penalty In The State Of Kerala

Government of Kerala vide notification no. 1016/2021/L.G.D has notified that due to the circumstances of COVID 19, the last date for renewal of validity period of trade license for commercial and industrial establishments for the year 2021-22 has been extended from 20th March 2021 to 31st August 2021.

ESIC Circular On Collection OF AADHAR For Beneficiaries or Insured Persons

ESIC vide circular no. P-11/14/11Rules/2020-BFT II has instructed all regional offices that the requirement of AADHAR for availing benefits may not be mandatory till the provisions of The Social Security Code, 2020 is implemented. Therefore, AADHAR will be collected after making changes in the modules of project Panchdeep are completed. 

Enforcement Of Provisions Towards ESIC In Districts Of West Bengal

ESIC vide notification no. S.O. 1950 E has implemented the provisions of Chapter IV (Contribution), Chapter V (Benefits), Chapter VI (Adjudication Of Disputes and Claims) in all the areas of the Alipurduar, Cooch Behar, Kalimpong, North Dinajpur, Purulia, and South Dinajpur Districts in the State of West Bengal.

Employers Of Manufacturing Units/Factories In Puducherry To Provide Paid Medical Leave And Not Terminate Services Of Workers Who Test COVID-19 Positive

The Government of Puducherry vide notification no. 104/PSEC/COVID-19/2021 has enforced corona night curfew from 10.00 pm till 5 am up to 31st May 2021. In furtherance of the above order, terms and conditions for operations of industries are issued in addition to the list of permitted and restricted activities. The factories/manufacturing units must ensure adherence to the below guidelines issued, (1) If a worker is found positive, other workers who have been in contact with the him will be quarantined with pay. (2) In any case, if a worker is found positive, the unit should be closed until completely sanitized. (3) If a worker is found positive, he/she would be allowed medical leave and cannot be discontinued during their absence for this reason (3) Common toilet facilities must be sanitized frequently. Hence, employers are requested to ensure compliance as per the notification and direction issued in accordance with the guidelines for the list of permitted areas, restricted activates and ensure adherence to appropriate COVID behavior along with National Directives.

Extension Of Working Hours For Essential Commodities, Pharmaceutical Factories In Uttarakhand

Government of Uttarakhand vide notification no No.VIII-1/21-91(Labour)/2008-TC-II(2) has exempted provisions of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Intervals For Rest), Section 56 (Spread over Hours) for factories relating to essential commodities, pharmaceutical manufacturers due to COVID-19 pandemic in Uttarakhand subject to aforesaid conditions, (1) In all the industries mentioned above, work can be done in two shifts of twelve to twelve hours per day for a production unit. Four hours per day of overtime shall be paid according to the rules, (2) Workers working in both these units will work maximum days in a week, and the limit of overtime will be twenty-four hours per week. (3) The extension of work will be determined in such a way that every worker will be given thirty minutes rest after six hours (4) Employees shall not be laid off by the employer during this period (5) The labour commissioner will ensure that the said emergency provisions are not used by any factory continuously (6) This notification will remain in effect for sixty days from the date of issue and it will be automatically neutralised after the said period.

The Odisha Minimum Wages Notification (April 2021)

The Government of Odisha vide notification No.2816/LC, has released the Minimum Wages effective from 1st April 2021 for the State of Odisha

Enforcement Of Medical Benefits In Districts Of Tripura

ESIC vide notification No. N-16/2/Tripura/2017-P&D has extended medical benefits with effect from 01 April 2021 to the families of all insured persons in the entire area of Khowai, South Tripura and Unakoti districts in the State of Tripura. 

Registration Of Establishment Under Delhi Shops & Establishments Act Integrated With Ministry Of Corporate Affairs SPICE+ Portal

The Ministry of Corporate Affairs, under Easy of Doing Business has “developed a single window facility for incorporation of a new company and other different services including issuance of PAN, TAN, ESIC No, Bank Account, Professional Tax registration, GSTIN etc. on “SPICE+” portal. Now, Government of Delhi vide notification no.PA/Addl.LC/Lab/2021/1859 has directed that Ministry Of Corporate Affairs “SPICE+” portal is now integrated with the registration portal of “Delhi Shops & Establishments” and any new company seeking registration under the Delhi Shops And Establishments Act, 1954 should be done on the “SPICE +” portal. However, any such subsequent registration for different branch offices of an establishments under the Act can be done on Delhi Shops & Establishment registration portal i.e https://labourcis.nic.in. Hence, employer of a new company intending to register its establishments in Delhi under The Delhi Shops And Establishments Act, 1954, may register directly on the “SPICE+” portal.

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