Let's talk on the maturity of Contract Labour Act - Landmark Judgment

9PM Live - 20 April 2024

Let's talk on the maturity of Contract Labour Act - Landmark Judgment(s).

क्या अधिनियम के प्रावधान असंवैधानिक और अनुचित हैं?

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PF to be Increased to Rs 21000 from Rs 15000

Synopsis

 

• The Government of India is contemplating enhancing the wage ceiling under the Employees' Provident Fund & Miscellaneous Provision Act, 1952 to at least ₹21,000 from ₹15,000 now to widen the social security coverage, a step towards achieving universal social security.
• The last amendment on the cap of salary was made in 2014 wherein the government had raised the PF salary limit from Rs 6500 to Rs 15000.

Note the news are based on Print Media publication read by me during last week. Any official correspondence to support this news isn't observed yet. Let us wait for the official gazette copy for the same.  

Earlier Post 

PF to be Increased to Rs 25000 from Rs 15000 - CBT to Ministry of Labour

The Jharkhand Payment of Wages (Amendment) Rules, 2023 

The amendment changes the requirement for sending a return regarding fines imposed or deductions made from wages in factories or other establishments. 

The amended rule stipulates that the return should be sent to the Inspector of Factories in case of factories and to the Labour Superintendent in case of other establishments in their respective jurisdictions. This return should reach the designated authority not later than the 15th of February following the end of the calendar year to which it relates. 

The amendment necessitates that returns regarding fines imposed or deductions made from wages in factories or other establishments be sent to the designated authorities within a specified time frame. The deadline for sending the return in Form IV for factories and other establishments according to the amendment is not later than the 15th of February, following the end of the calendar year to which it relates. 

This amendment is in accordance with the Jharkhand Payment of Wages (Amendment) Rules, 2023. This amendment aims to streamline the process of reporting such financial transactions and ensure compliance with the regulations outlined in the Payment of Wages Act, 1936.

Freedom Of Speech Essential For Media Platforms : Supreme Court 

Imagine a world where every word you utter, every opinion you voice, every article you publish, is under scrutiny and liable to legal action. Would that world still hold the vibrant, diverse, and often challenging conversations that make our societies so unique? Welcome to a journey through a landmark case that reshaped the landscape of freedom of speech in the media industry.

In February 2024, Bloomberg published an article discussing the status of a merger between two media giants, Zee and Sony, and the ongoing investigation of Zee by the Securities and Exchange Board of India. Zee, feeling wronged by the article, filed for an injunction, calling for the removal of the article from the Bloomberg website. Zee claimed the article was defamatory, and had caused significant economic losses, as their stock price fell by nearly fifteen percent. 

Legal Battles and Court Decisions - In March 2024, the Additional District Judge agreed with Zee, ordering the removal of the article from Bloomberg's website. This decision was later upheld by the Delhi High Court as they directed Bloomberg to comply with the order within three days. But the story doesn't end there. Bloomberg appealed to the Supreme Court, a move which would prove to be a game-changer for freedom of speech in the media industry. The Supreme Court overturned the previous decisions, emphasising that the three-fold test of establishing a prima facie case, balance of convenience, and irreparable loss or harm should not be applied rigidly, especially when it could harm public interest. 

The Supreme Court's Ruling - The Supreme Court underlined that when granting interim relief, courts must provide detailed reasons and analyse how the three-fold test is satisfied. They also highlighted additional factors that courts should consider while granting an ex-parte interim injunction, emphasizing the need for a careful balance between the fundamental right to free speech and the rights of the aggrieved party.

In conclusion, the Supreme Court's decision has far-reaching implications. It establishes a precedent that could potentially prevent the stifling of free speech in the media industry. It underscores the importance of the three-fold test and calls for its careful application, particularly in defamation suits. This landmark decision reiterates the significance of freedom of speech and its role in ensuring a vibrant and diverse media landscape. 

Upholding Freedom of Speech 

This case serves as a reminder to us all about the importance of freedom of speech, not just for journalists and media platforms, but for every single one of us. Because without the freedom to express our thoughts and ideas, our world would indeed be a very different place. So, as we navigate through the complexities of our modern world, let us continue to value and protect this fundamental right.

Contract Labour Regulation and Abolition Act 1970 - #livestream  - 2

Again Coming Live on #YouTube on 13 April 24, 9:00 PM

Topic - The Contract Labour (Regulation & Abolition) Act 1970

Also Live Q&A - #Subscribe Now  "Compliance Monk" for the update

Link - https://youtube.com/live/eKaY_F_DKbE?feature=share

Please Share with others too 

SOP for Processing of Joint Declaration of PF Member Profile Updating

Version 2

ईपीएफओ में ऑनलाइन संयुक्त घोषणा कैसे करें
संस्करण 2

SOP for processing of joint declaration of member profile updation version-2 in EPFO. 

Ref: Head Office Circular No: WSU/2022/Rationalisation of work areas/Joint Declaration (E-54018)/3638 dated 22/08/2023 Madam/Sir Please refer to subject cited above and SOP under reference 

In supersession of earlier SOP, competent authority has approved the SOP (version-2) on Joint Declaration of member profile updating. 

In all such cases of joint declaration requests, field offices should do a stronger due diligence so that, cases of impersonation/identity theft or otherwise do not occur.

SOP Number JD/2024/1

Parameters for Member Profile Correction/Updation process are namely:- 

1. Name,
2. Gender,
3. Date of Birth,
4. Parent Name,
5. Relationship,
6. Marital Status,
7. Date of Joining,
8. Reason of Leaving,
9. Date of Leaving,
10. Nationality,
11. Aadhaar Number.

The frequency for which corrections can be made in various parameters is 1 time only except Marital status 2 time

Member may be allowed to seek changes in upto five (05) parameters out of the above 11, whether submitted through single or multiple JD requests, lest such changes may lead to a complete change in the identity of the individual and may result in fraud.

In case the changes are in more than five parameters, the matter will be thoroughly examined by the OIC, and only after duly recording the reasons in the file such cases should be processed.

Classification of changes: 

For the purpose of assigning tasks to the competent authority, the changes are classified as major and minor changes in the below exhibit table

Sr. No.	Parameter	Type Of Change	Description Of Correction/Change
1	Member Name	Major	1. If more than 2 alphabets change and the name also gets changed phonetically.
			2. if less than 2 alphabets change and the name also gets changed phonetically.
			3. If expanding the name
		Minor	1. If 2 or less than 2 alphabets get changed and the name not changing phonetically.
			2. If adding surname in case of female after marriage.
			3. If removing salutations like Shri, Dr. Mr. Mrs., Miss etc
2	Gender	Minor	Male/Female/Others change
3	Date of Birth	Major	>3 Years
		Minor	< =3 Years
4	Parent Name (edited in this version)	Major	1. If more than 2 alphabets change and the name also gets changed phonetically.
			2. if less than 2 alphabets change and the name also gets changed phonetically.
			3. If expanding the name
		Minor	1. If 2 or less than 2 alphabets get changed and the name not changing phonetically.
			2. If adding surname in case of female after marriage.
			3. If removing salutations like Shri, Dr. Mr. Mrs., Miss etc
5	Relationship	Minor	Father//Mother change
6	Marital Status	Major	Change after the death of member
		Minor	All other cases
7	Date of Joining	Major	Change after the death of member
		Minor	All other cases
8	Reason of Leaving	Minor	Change after the death of member
		Major	All other cases
9	Date of Leaving	Minor	Change after the death of member
		Major	All other cases
10	Nationality	Minor	Non-SSA to SSA country
		Major	1. Non-SSA to non-SSA country change
			2. SSA to SSA country change
			3. SSA to non-SSA country change
11	AADHAAR	Major	All types of changes or updation related to Aadhaar

ROLES AND RESPONSIBILITIES 

Member will be responsible for submitting the JD application from his unified portal login. All the requests will be time-stamped, and IP will be recorded. All uploaded documents will be stored on the server for future reference.

Once the request is submitted then, it will reflect in the employer login. An email to this effect will also be automatically sent to the employers’ registered e-mail. Member can only get the data corrected for those member accounts which are generated by his present employer. No employer will have any modification rights for member accounts belonging to other/previous establishments.

Employers will get the member modification request online from the member portal and also be informed through e-mail. Employer will check the veracity of the documents uploaded by the member and then upload the required documents related to the said request, which are available with him as per the list of documents mentioned in Annexure-1 of this SOP.

The competent authorities specified for initiating, verifying, and approving in major and minor corrections

Special Categories of Establishment shall be Dealt with as under:

How online JD will proceed if the establishment is marked as closed?

JD will be received in the form attached as per Annexure-II, signed by the member/employee & from any one of the authorities mentioned in para 6.15 of this SOP document.

Once received in the office, then the JD will be scanned and uploaded in the FO interface by the office.

A registered JD letter and an email will be sent to the authority who has signed the JD to confirm the antecedents of the signing authority on his / her official email and address.

On receipt of Authority confirmation from the concerned, the same will be handled online on the FO interface as mentioned above.

How online JD will proceed if the establishment is not marked as closed but it is actually closed?

The establishment will be marked as closed based on EO’s report, and thereafter, the process mentioned in Sr.no.-1 above will be used to further process the case.

How online JD will proceed if Member is dead? 

JD form will be signed by Nominee as mentioned in Form-2. Thereafter, Dealing Assistant will scan the JD, and it will be further processed in the FO interface as mentioned in Para 6 of Version 2 SOP, with the option to revert the request to the establishment for any query online.

In case there is more than one nominee in Form-2, then the consent of all nominees/family members/Legal heirs will be required for filing the JD request. The rest of the process remains the same.

How online JD will proceed if Member is dead, without an Aadhaar? 

In case of the death of a member without an Aadhaar, then the nominee’s Aadhaar will be saved in the system, & the nominee may be allowed to sign the JD form.

Other processes will remain the same.

There may be cases where the deceased member has not filed a nomination during his lifetime. In the absence of a valid nomination, one of the family members/legal heirs of the member may be allowed to attest the JD and submit his/her Aadhaar with the consent of other family members/legal heirs.

How online JD will proceed where the deceased member has not filed a nomination during his lifetime? 

In case of the death, where the deceased member has not filed a nomination during his lifetime. In the absence of a valid nomination, one of the family members/legal heirs of the member may be allowed to attest the JD and submit his/her Aadhaar with the consent of other family members/legal heirs.

How online JD will proceed in which  

-Members do not have UAN or  

-Members have UAN and seeded with Aadhaar, but the Aadhaar details mismatch with the office records, and 

the UAN is not activated or  Member’s UAN is not linked with Aadhaar;? 

As the member will not be able to login to the member portal to submit joint declarations, the employers shall have the option to upload the member profile correction request along with the necessary documents. The remaining process shall be governed as mentioned in Para 6.2 to 6.8 of this SOP. (Inserted in the SOP version 2)

Miscellaneous 

1. Once the changes are approved, the photo of the member as retrieved by EPFO IT interface with UIDAI Aadhaar data shall also be made visible in the member profile on his member portal and also on the IT interface of various authorities as mentioned under Tables 3 and 4 of this document while viewing his/her UAN profile.
2. The total number of corrections and the details of corrections carried out in the past shall be visible in the member’s KYC details. This should also be available in each login while processing and approving the JD.
3. It may also be ensured by the system that the employer should have an active E-sign and should be the person as defined under section 2(e) of EPF and MP Act, 1952
4. All SMS and emails should be sent to the mobile no which is linked to UIDAI Aadhaar at every stage of the process.
5. Every single change in the Joint declaration should be securely kept in Archives with necessary safeguards. The DA should invariably be provided with details of past changes of that particular case, whenever it comes for correction/updation.
6. Information Services Division should ensure that OTP-based login is enabled at every stage in field offices.

Timelines for Completing the Joint Declaration 

 

Timelines for Completing the Joint Declaration
Minor Request	T+7 days from the date of receipt to FO interface login of the Dealing Assistant
Major Request	T+15 days from the date of receipt to FO interface login of the Dealing Assistant
For cases referred to EO	Additional 3 days’ time for each type of request.
Note- If JD gets reverted back to the employer, then the request time will start once it is received back in the login of the concerned official.

LIST OF ACCEPTABLE DOCUMENTS FOR GETTING CORRECTED / UPDATING THE PARAMETERS MENTIONED BELOW:- 

 

List of Acceptable Documents for Getting Corrected/updating the Joint Declaration Parameter “Name & Gender”

Table-A -  1 Name and 2 Gender

1. Aadhaar (mandatory) ;  2. Passport ; 3. Death Certificate; 4 Birth Certificate; 5 Driving License

6 Service photo identity card issued by Central Govt./State Govt./ UT Govt./ PSU/ Banks / SLC / TC/ SSC certificate/Mark Sheet issued by board/ University containing name (edited in the SOP version-2)

8 Bank Pass Book having name and Photograph Cross Stamped by bank official; 9 PAN Card/ e-PAN

10 Ration / PDS photo Card; 11 Voter ID/ e-Voter ID; 12 Pensioner Photo Card/Freedom Fighter Photo Card

13 CGHS/ ECHS/ / Medi-Claim Card with Photo issued by State/ Central Govts./ PSUs/ RSBY Card

4 ST/ SC/ OBC certificate with photograph ST/ SC/ OBC certificate with photograph

15 For Full name/first name change requests: PF Member to submit the Gazette notification of new name along with any supporting document of old name with photograph (Even for 1st instance of the Full name/ first name change)

16 Valid Visa along with Foreign Passport (valid only) issued in case of other Foreign Nationals

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Date of Birth”

Table-B  3 Date of Birth

1 Birth Certificate issued by the Registrar of Births and Deaths

2 Marksheet issued by any recognized Government Board or University. School Leaving Certificate (SLC)/ School Transfer Certificate (TC)/ SSC certificate containing Name and Date of Birth

3 Certificate based on the service records of the Central/State Government Organizations.

4 In the absence of proof of date of birth as above, Medical Certificate issued by Civil Surgeon after examining the member medically and supported with an affidavit on oath by the member duly Notarized. (Inserted in the SOP version-2)

5 Aadhaar; 6 Passport; 7 PAN by IT department; 8 Central/ State Pension Payment Order

9 CGHS/ ECHS/ Medi-Claim Card issued by Centre/ State/ UTs Govts./ PSUs having Photo & Date of Birth

10 Domicile Certificate issued by the Government

11 Ration Card/PDS Card of the member.

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Parent Name & Relationship”

Table-C 4. Parent Name, 5. Relationship

1 Passport of member (edited in the SOP version-2)

2 Ration card/PDS Card of the member (edited in the SOP version-2)

3 CGHS/ECHS/ Medi-Claim Card with photo of member issued by Centre/ State Govts./ PSUs.

4 Pension Card of member (edited in the SOP version-2)

5 Birth Certificate of member issued by Registrar of Birth, Municipal Corporation, other notified Local bodies, Government bodies like Taluk, Tehsil etc.

6 Marriage Certificate of member issued by the Government

7 Photo ID card of member issued by Central/ State Govt. like Bhamashah, Jan-Aadhaar, MGNREGA, ARMY Canteen card etc.

8 Aadhaar Card of member bearing parent name (Inserted in the SOP version-2)

9 PAN card of member (Inserted in the SOP version-2)

10 10th or 12th School certificate/marksheet of the member bearing father/mother name (Inserted in the SOP version-2

11 Driving License of member (Inserted in the SOP version-2)

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Marital Status”

Table-D 6. Marital Status

1 Marriage Certificate issued by the government/Local Bodies like Municipality/ Gram Panchayat (Inserted in the SOP version-2)

2 Aadhaar Card

3 Divorce Decree

4 Passport

5 Affidavit on oath by the member duly Notarized (Inserted in the SOP version-2)

6 Ration Card/PDS Card (Inserted in the SOP version-2)

7 Voter ID Card (Inserted in the SOP version-2)

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Date of Joining”

Table-E - 7 Date of Joining

1 Employee register

2 Attendance register

3 Appointment letter or any other document as establishment maintain under any central or State labour act

4 Letter of establishment on their letter head clearly stating the date of joining and duly signed by Employer or the authorized signatory supported by ECR of the employee during the said period

 

List of Acceptable Documents for Getting Corrected/updating the Joint Declaration Parameter “Reason of Leaving”

Table-F - 8 Reason of Leaving

1 Resignation letter

2 Letter from establishment on their letter head clearly stating the reason of leaving supported by ECR of the employee during the said period

3 Termination letter issued to employee

4 Any document as establishment deems fit to establish exit reason of employee duly signed by the Employer or the authorized signatory of the establishment on their letterhead

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Nationality

Table-G 9  Date of Leaving

1 Resignation letter/termination letter

2 Experience certificate or any other document as establishment maintain under any central or State labour act

3 Wage slip/salary slip/full and final letter

4 Letter of establishment on their letter head clearly stating the date of joining and duly signed by Employer or the authorized signatory

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Nationality"

Table-H - 10 Nationality

1 Copy of passport

2 Copy of Person of Indian Origin (PIO) card issued by Government of India

3 Valid Long Term Visa (LTV) along with Foreign Passport (valid or expired) of origin country issued to minorities communities of Afghanistan, Bangladesh and Pakistan namely Hindus, Sikhs, Buddhists, Jain, Parsis and Christians

4 Valid Visa along with Foreign Passport (valid only) issued in case of Foreign Nationals

5Tibetan Refugee Card (Accompanied by one more ID)

 

List of Acceptable Documents for Getting Corrected/updating the joint Declaration Parameter “Aadhaar”

Table- I - 11 Aadhaar

1 Aadhaar card/e-aadhaar card with linked active mobile phone

Joint Declaration - In case of closed/non-traceable establishment where authorized signatory is not available.

I …………………………….,(mention the authority/post) ……………………….residing at ………………………………………………………………………………………................ Certify that ……………………………………..(name of PF member) is known to me and I have verified all the documents with originals attached with this request for change.

Name of the authority Seal of authority


Back side of the page should contain

(1) Definition of major minor changes
(2) List of documents to be attached

3) Authorities to attest JD in case of closed/non-traceable Establishment 

Processing of Joint Declaration of PF Member Profile Updation

Step 1: Member will login through his UAN/Password on Member Interface of Unified Portal
https://unifiedportal-mem.epfindia.gov.in/memberinterface/
Step 2: Click on “Manage> Modify Basic Details”.
Step 3: Please provide the correct details for any of the 11 parameters as per Aadhaar (System will verify the details entered with UIDAI- Aadhaar Data for parameters which are there in UIDAI database)
Step 4: On clicking “Update Details” on previous screen, request will be submitted to employer for further approval. Before submission by employer, employee can withdraw the request by pressing “Delete Request”
Step 5: Employer will login to Employer Interface of Unified Portal
https://unifiedportal-emp.epfindia.gov.in/epfo/
Step 6: Employer can view the change requests submitted by employees by clicking on “Member”
Step 7: Employer need to select - “Joint Declaration Change Request”

Step 8: Employer can view the online requests received from employees and can thus take appropriate action by giving the proper remark.

Step 9: After approval of request, employer can see the latest status of request.
Step 10: After approval of request by employer, request will appear as a task in login of Dealing Assistant, of concerned EPFO office, in the Field Office Interface of Unified Portal.
Step 11: After approval of request by employer, request will appear as a task in login of Dealing Assistant, of concerned EPFO office, in the Field Office Interface of Unified Portal.
Step 12: Dealing Assistant can login and view the online change requests by clicking “Member>Details Change Request”
Step 13: After due verification Assistant can submit his/her Dealing recommendations to Section Supervisor.
Step 14: Finally, APFC/RPFC can Approve/Reject/Return the case.