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

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The Haryana State Employment Of Local Candidates Bill, 2020

The Government of Haryana vide Gazette No. 33-HLA of 2020/83/16641 has proposed “The Haryana State Employment of Local Candidates Bill, 2020″ to provide reservation to the local candidates of Haryana in private employment. The below mentioned is the brief of the bill (1) Applicability:- The said Act is applicable for Companies, Societies, Trusts, Limited Liability Partnership firms, Partnership Firm and any person employing ten or more persons and an entity, as may be notified by the Government, from time to time. (2) Registration Liability:- The employer shall register such employees receiving a gross monthly salary or wages not more than fifty thousand rupees or as notified by the Government, from time to time. (3) Recruitment Liability:- Every employer shall employ seventy-five percent of the local candidates with respect to such posts where the gross monthly salary or wages are not more than fifty thousand rupees or as notified by the Government. (4) Exemption:- Employer may seek exemption from the requirement as mentioned in above para (3) where an adequate number of local candidates of the desired skill, qualification, or proficiency is not available by applying to the Designated Officer in such form and manner. (5) Consequences:- The penalty which shall not be less than ten thousand rupees, but which may extend up to fifty thousand rupees. 

Payment Of Overtime Wages To All Eligible Workers Under Factories Act 1948 In Gujarat

The Honourable Supreme Court of India has quashed the Gujarat government’s notification exempting industries in the state from certain provisions of the Factories Act, 1948 relating to the payment of overtime wages, weekly hours, daily hours, intervals, etc on grounds of Covid-19 pandemic-induced lockdown restrictions. In accordance with the Supreme Court order, the Government of Gujarat vide notification No. GHR/2020/146/FAC/142020/346/M3 has directed all factories registered under the Factories Act 1948 to pay overtime wages to all eligible workers who have been working since the issuance of the said notification. 

Advisory Regarding Grant Of Quarantine Leave To Employees Infected By Corona Virus In Karnataka

The Labour Department Government of Karnataka vide Notification No. KAE 66 KaBani 2020 (Part 1) dated 6th November 2020 has issued below advisory to employers of all public or private companies in the state:- (1) The period of Quarantine of Employees/Workmen infected by Coronavirus shall not be treated as unauthorised absence (2) Employers advised to Enable the Employees/Workmen infected by Corona virus to utilize leaves under their Quota for the period of quarantine (3) The Employees/Workmen who are not coming under the purview of ESIC, even if they are not entitled for leave, if infected by the corona virus, taking in to consideration the larger interest of society, to be granted leave as available/possible, in term of their employment to undergo quarantine (4) In case Employees/Workmen who are infected by Corona Virus who do not have leave in their account, employers advised to facilitate transfer of leave from the account of other Employees/Wokmen and enable them to undergo the quarantine (5) Incase Employee who do not have leave under their quota and when it is already fully utilized, employers advised to provide for advance leave which the Employees are eligible to avail in the future so that the infected Employee/Workmen may undergo quarantine (6) When the Employers are unable to grant leave on their own initiative to Employees and such Employees do not have any kind of leave under their Quota, both Employer and Employees to consult with each other regarding granting of special leaves for the period and come to an amicable solution. Hence Employers in Karnataka are advised to follow the guidelines in order to ensure maximum containment of COVID-19 and the utmost safety of all employees at their establishments

The Assam Minimum Wages Notification (Jun 2020)

The Government of Assam, vide Notification no. GLR.503/81/Pt-I/141 has released revised minimum rates of wages (variable dearness allowance) state of Assam effective from 1st June 2020

The Puducherry Child Labour (Prohibition And Regulation) (Amendment) Rules, 2020

The Administrator of Puducherry vide notification G.O.Ms.No.09/AIL/Lab/G/2020 has inserted Rule 2A (Awareness on prohibition of employment of child and adolescents in contravention to Act), Rule 2B(Child to help his family without affecting education), Rule 2C (Child to work as an artist), Rule 15A (Hours of Work), Rule 16A (Payment of amount to child or adolescent from and out of Child and Adolescent Labour Rehabilitation fund), Rule 17A (Persons who may file complaint), Rule 17B (Manner of compounding offences), Rule 17C (Duties of District Magistrate), Rule 17D (Duties of Inspector), Rule 17E ( Periodical inspection and monitoring) of The Puducherry Child Labour (Prohibition and Regulation) Rules, 1995. As per Amendment, Employers of adolescent to produce to the Inspector a certificate of age from the Appropriate medical authority and employer should be aware of the provision of the Act.

Kerala Shops And Commercial Establishments (Amendment) Ordinance, 2020

The Government of Kerala, vide notification number 15354/Leg.C2/2020/Law dated 9th November 2020 has introduced Labour Commissionerate Automation System. As per the amendment the Shop and Commercial Establishment’s registration certificate shall be automatically renewed on submitting an application along with the prescribed fees through the Labour Commissionerate Automation System (https://lcas.lc.kerala.gov.in/office/index.php).

The Factories (Punjab Amendment) Act, 2020

The Government of Punjab vide notification No. 22-Leg./2020 dated 9th November 2020 has repealed The Factories (Punjab Amendment) Ordinance, 2020 with ordinary legislation to be known as the Factories (Punjab Amendment) Act, 2020. As per the notification, the government has increased the 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.

Risk Assessment Based Inspections Under The Factories Act, 1948 In Tripura

The Government of Tripura vide No. F.2(345)-FB/EoDB(SRAP)/2020/1627-32 has issued an order to introduce computerized systems of Risk Assessment based Inspections with random allocation of Inspecting Officers to facilitate the 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 of industries under the Low-Risk category will be eighteen months, the Medium Risk Category is twelve months, establishments under the High-Risk category inspections will be nine months. Therefore, the aforementioned scheme shall be applicable to the following acts, The Factories Act, 1948.

The Haryana Minimum Wages Notification (July 2020)

The Government of Haryana vide Notification I.R- 2/2020/11083-11109 has released the variable dearness allowance towards Minimum Wages effective from 1st July 2020

Online Registration And Enrolment Under The Tripura Professions, Trades, Callings And Employments Taxation Act, 1997

The Government of Tripura vide notification no.F.1-8(13)-TAX/2017(Part-I) under the Ease of Doing Business (EoDB) for ease of stakeholders, the information on fees, procedure and a comprehensive list of all documents are provided on the website for obtaining registration and enrollment under The Tripura Professions, Trades, Callings And Employments Taxation Act, 1997. As per the notification, the applicant may apply online for enrolment under profession tax by visiting web-portal https://ptax.tripura.gov.in/ and applicant also for registration under professional tax may visit single-window approval by all government agencies in Tripura (SWAAGAT) web portal: https://swaagat.tripura.gov.in/.

The Meghalaya Minimum Wages Notification (Oct 2020)

As per notification no LBG 75/2012/393 the Government of Meghalaya has declared the minimum rates of wages in the state of Meghalaya effective from 1st October 2020

Introduction Of Electronic Maintenance Of Records Under Various Labour Laws In Punjab

The Labour Department of Punjab vide order no: 21/46/17-2F2/1753 has issued a notification improving the effectiveness of the ease of doing business by introducing electronic maintenance Of records under various labour laws. The following rules and laws have been approved by the Department to maintain the records electronically: (1) The Employees Compensation Act, 1923 (2) The Trade Unions Act, 1926 (3) Payment of Wages Act, 1936 (4) The Industrial Employment (Standing Orders) Act, 1946 (5) The Industrial Disputes Act, 1947 (6) The Factories Act, 1948 (7) The Minimum Wages Act, 1947 (8) The Working Journalists (Conditions of Service and Misc. Provisions) Act, 1955 (9) The Working Journalists (Fixation and Rates of Wages) Act 1955 (10) The Motor Transport Workers Act, 1961 (11) The Maternity Benefit Act, 1961 (12) The Payment of Bonus Act, 1965 (13) The Contract Labour (Regulation and Abolition) Act, 1970 (14) The Payment of Gratuity Act, 1972 (15) The Equal Remuneration Act, 1976 (16) The Sales Promotion Employees (Conditions of Services) Act, 1976 (17) The Bonded Labour System (Abolition) Act, 1976 (18) The Inter State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979 (19) The Child & Adolescent Labour (Prohibiton and Regulation) Act, 1986 (20) The Building and Other Construction Workers (Regulation of Employment And Conditions of Services) Act, 1996 (21) The Building and Other Construction Workers Welfare Cess Act, 1996 (22) Unorganized Workers Social Security Act, 2008 (23) The Punjab Shops and Commercial Establishments Act, 1958 (24) The Punjab Labour Welfare Fund Act, 1965 (25) The Punjab Industrial Establishments (National and Festival Holidays And Casual and Sick Leave) Act, 1965

Amendment Under Madhya Pradesh Factories, Rules 1962

The Government of Madhya Pradesh vide notification No.F-1-4-2020-A-XVI has inserted new provision under Rule 123A (Third Party Certification) of Madhya Pradesh Factories, Rules 1962. As per Rule 123A (Third Party Certification) of Madhya Pradesh Factories, Rules 1962, Labour Commissioner may recognise any person or institution who is recognised by Chief Inspector of Factories as Competent Person Or Institute. 

The Industrial Disputes (Bihar Amendment) Act, 2020

The Government of Bihar vide notification No. 15 of 2020 has repealed The Industrial Disputes (Bihar Amendment) Ordinance, 2020 with ordinary legislation to be known as The Industrial Disputes (Bihar Amendment) Act, 2020. As per the notification, Section 25 K of Industrial Disputes Act, 1947 which specifies provisions relating to layoffs, retrenchment, closure of certain establishment, will be applicable to an industrial establishment where the number of workmen employed are not less than three hundred workmen instead of the existing two hundred workmen. 

The Factories (Bihar Amendment) Act, 2020

The Government of Bihar vide notification No. 16 of 2020 has repealed The Factories (Bihar Amendment) Ordinance, 2020 with ordinary legislation to be known as The Factories (Bihar Amendment) Act, 2020. As per the notification, the government has increased the 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 Contract Labour (Regulation And Abolition)( Bihar Amendment) Act, 2020

The Government of Bihar vide notification no. 17 of 2020 has repealed The Contract Labour (Regulation And Abolition) (Bihar Amendment) Ordinance, 2020 with ordinary legislation to be known as the Contract Labour (Regulation and Abolition)( Bihar Amendment) Act, 2020. The notification amends the existing applicability to the act for the establishments employing twenty or more workmen to fifty or more workmen.

Amendment To Shops And Establishments In Madhya Pradesh

The Government of Madhya Pradesh vide notification no.03/01/2020/1920-55(2) has made the provision under Section 13 non-applicable where every shop and commercial establishment shall remain closed on one day of the week. This exemption is applicable to Shops and Commercial Establishment registered under The Madhya Pradesh Shops And Establishments Act, 1958 are subject to condition that employee shall be allowed a paid weekly holiday by the Employer.

Declared Paid Holiday On Day Of Polling For All Establishments In GHMC Hyderabad Telangana

The Government of Telangana vide notification no. G.O.Rt.No. 393 has declared paid holiday on 1st December 2020 to all the employees/workers working in the Factories, Shops & Establishments and Industrial Undertakings / Establishments located in the GHMC areas notified by the Telangana State Election Commission vide Notification No.1294/TSEC-ULBs GHMC/2020-1&2, dated: 17.11.2020 so as to enable the electorate to exercise their vote on the day of polling for the ordinary elections to the Greater Hyderabad Municipal Corporation, as the case may be if there is no holiday

The Jharkhand Minimum Wage Notification (Oct 2020)

The Government of Jharkhand vide Notification No-2/MW-2071/2010, L&T-1310 has released the Minimum Wages effective from 1st October 2020

Tamil Nadu Government Declares Public Holiday On 25th November 2020 On Account Of Cyclone In The State

The Government of Tamil Nadu vide. Government order G.O. Ms. No. 596 dated 24th November 2020 due to the expected landfall in the coastal areas due to Cyclone ‘Nivar’ in Tamil Nadu State, has declared public holiday under the Negotiable Instrument Act, 1881 to all Government offices including the office of the local body, Government undertakings/corporations, Boards, Banks and Financial Institution etc on 25th November 2020. However, all essential services shall function as usual. Therefore, employers in the State of Tamil Nadu who comes under the purview of The Negotiable Instrument Act, 1881 like Banks, Non-banking and Financial Companies (NBFC) etc are advised to declare holiday for their establishment in compliance with the notification 25-11-2020(Wednesday), if not declared as Holiday. Clarification: It is to be noted that the mentioned holiday has been declared only for establishments under The Negotiable Instrument Act, 1881. We are yet to receive notification declaring holiday on the above said date for Private Establishments covered under The Tamil Nadu Shops & Establishments Act, 1947 and The Tamil Nadu Industrial Establishments (National, Festival And Special Holidays) Act, 1958

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