EPF : Jurisdiction to conduct enquiries under Section 7A and 14B

Jurisdiction to conduct enquiries under Section 7A and 148 by officers in different hierarchies in field offices.

The Employees Provident Fund Organization have revised the authorities to conduct enquiry under sections 7A and 14B of the EPF and MP Act and the revised authorities are as under for the purpose of the conducting enquiry under the above sections.

Instructions regarding jurisdiction to conduct inquires under section 7 A and l 4B by officers in different hierarchies in the field offices, were issued by the following Head Office circulars:
i. Letter No. RRC.II/28(31)07/53677 to 53777 dated 17.10.2007.
ii. Letter No. Coord./5(16)2009/Misc./5380 dated 29.10.2009.
iii. Letter No. Coord.5(16)2009/Misc/11525 dated 11.09.2012.
iv. Letter No. CAIU/011(75)16/DL/Adm. Guidelines/16222 dated 21.09.2016

Consequent upon the conversion of all the Sub-Regional Offices to Regional Office, there is a need to revise the instructions as given in the above referred circulars. Accordingly, the jurisdiction to conduct inquires under section 7A and l4B by officers in different hierarchies in the field offices is revised and shall be as given below:-

SI.  No.	Type of Establishments	RO where In RPCF II is in- charge	In RO where RPFC-I is in-charge and no RC-II is posted	In RO where RPFC-I is in charge and where RPFC-II s also posted
1	Establishments with members up to 250	APFC	APFC	APFC
2	Establishments with members from 251 to 1000	RPFC-II/ Officer In-charge	RPFC-I/ Officer In-charge	RPFC-II/ (C & R)
3	Establishment with members from 1001 onwards			RPFC-1/ Officer In-Charge

3. RPFC-1 or RPFC-II of the Regional office can not assign the 7A & l4B cases falling in the original jurisdiction of RPFC-I or RPFC-II to an officer working under him. Additional CPFC (Zone), as temporary measure, can assign the 7A & 14B cases falling under the original jurisdiction of RPFC-I or RPFC-II to another RPFC-1 or RPFC-II in the zone only if the workload of RPFC-I or RPFC-II has reached unmanageable limit or where there is no RPFCI/II in the Regional Office on account of transfer, leave or any other reason to be recorded in writing.

Yours faithfully,

M. Narayanappa

Addi. Central PF Commissioner - HQ (Compliance)

Earlier

Section 7A in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

Determination of moneys due from employers

1. The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner, or any Assistant Provident Fund Commissioner may, by order,-
• (a) in a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and
• (b) determine the amount due from any employer under any provision of this Act, the Scheme or the Pension Scheme or the Insurance Scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.
2. The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, for trying a suit in respect of the following matters, namely :-
• (a) enforcing the attendance of any person or examining him on oath ;
• (b) requiring the discovery and production of documents ;
• (c) receiving evidence on affidavit ;
• (d) issuing commissions for the examination of witnesses; and any such inquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228, and for the purpose Section 196, of the Indian Penal Code.
3. No order shall be made under sub-section (1), unless the employer concerned is given a reasonable opportunity of representing his case.
• (3-A) Where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so, the officer conducting the inquiry may decide the applicability of the Act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record.
4. Where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer that the show-cause notice was not duly served or that he was prevented by any sufficient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:
   Provided that no such order shall beset aside merely on the ground that there has been an irregularity in the service of the show-cause notice if the officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the officer.
   Explanation.- Where an appeal has been preferred under this Act against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order.
5. No order passed under this section shall be set aside on any application under sub-section (4) unless notice thereof has been served on the opposite party.

Section 14-B: Power to recover damages

Where an employer makes default in the payment of any contribution to the Fund, the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of Section 15 or sub-section (5) of Section 17 or in the payment of any charges payable under any other provision of this Act or of any Scheme or Insurance Scheme or under any of the conditions specified under Section 17, the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf may recover from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the Scheme:
Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard: Provided further that the Central Board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under Section 4 of the Sick Industrial Companies (Special Provisions) Act,1985 (1 of 1986), subject to such terms and conditions as may be specified in the Scheme.

Enclosed is the internal circular of the EPFO dated: 22.6.2017 issued to their field functionaries. Please note the changes in the Authorities for hearing and disposal of the matters under sections 7A and 14B of the EPF Act.

http://www.epfindia.com/site_docs/PDFs/Circulars/Y2017-2018/C1_Inquiry7A14B_6242.pdf

Apprenticeship- Form Shedules & Returns

 SCHEDULES FORMS AND RETURNS

Schedule I-A-Rule 3(2): Minimum Educational Qualifications For Graduate/Technician/Vocational Apprentices 

Schedule I-B-Rule 7(1-A): Period of Apprenticeship Training under S.6(aa)

Schedule II-Rule 4: Standard of Physical Fitness For Training

Schedule II-A-Rule 5: Ratios of SC/ST Apprentices To Total For Each State

Schedule III-Rule 14: Contains All Forms under the Rules 

Schedule IV-Rule 9: Qualifications of Persons Placed In Charge Of Apprentices 

Schedule IV A-Rule 9-A - Staffing Pattern For Apprentice Instructors

Schedule V-Rule 6: Obligations Of Employer and Trade Apprentice

Schedule VI-Rule 6: Terms And Conditions of the Contract of Apprenticeship

Schedule to Rule 7-Rule 7: Period of Apprenticeship Training 

Forms

Format 1-Rule 14: Model Contract of Apprenticeship Training

Format 1-A-Rule 14: Intimation of engagement of Apprentices

Format 2-Rule 14: Proforma of Work Diary

Format 3-Rule 14: Application Form for Trade Tests

Format 3A-Rule 14: Forwarding of application forms for Trade Tests

Format 4-Rule 14: Eligibility Certificate for Trade Test  Returns

Form Apprenticeship 1-Rule 14: Half Yearly Returns

Form Apprenticeship 2-Rule 14: Return of engagement of apprentice

Form Apprenticeship 3-Rule 14: Record of progress of apprentice

Significant Activities of EPFO in the Month of May 2017

Significant Activities of EPFO in the Month of May 2017

New instructions issued on Certificate of Coverage (COC)
Software launched for online monitoring of exempted establishments 

EPFO e-court Management System launched 

For the benefit international workers, new instructions have been issued to all field functionaries regarding COC (Certificate of Coverage). Employer is advised to submit the application form for COC one month in advance and COC are issued prior to departure of the employee from India. Also, COC period should not exceed 60 months or the specified period in the SSA with that country without derogation from the competent authority. COC should not be issued for a period which commence much later than date of posting of the Indian worker in the host country for employment. There should not be any overlapping of the period of coverage. There should not be gaps when more than one COC is issued to the same posted worker as these results in lack of Social Security coverage during the gaps.

New Software has been launched on 27.05.2017 to further streamline the monitoring and supervision of the performance of exempted Trusts under EPF & MP Act, 1952, wherein performance of all exempted establishments / trusts is proposed to be monitored on regular basis and ranks assigned for periodical publishing on EPFO website. Exempted establishments have been cautioned that non filing of returns for 3 consecutive months shall result in cancellation of exemption granted to the establishment. .

EPFO e-court Management System launched on 16th May 2017 the objective of which is a transparent and electronic case management system. All paper/evidence/documents can be filed online and the status can also be viewed online.

EPFO has decided to make Aadhar mandatory. All field offices are directed to ensure that Aadhaar Number is furnished by the employer in respect of all new members who join the EPS, 1995 with effect from 1st July, 2017 except North East States where it would be applicable w .e. f. 01-10-2017. Further, the claim settlement period has been reduced to 10 days from 20 days and grievance redressal period is reduced to 15 days from 20 days.

106th International Labour Conference, 2017

The 106th Session of International Labour Conference (ILC) was held from 5-16th June 2017. An Indian Tripartite Delegation led by the Minister of State for Labour and Employment (Independent Charge), Shri Bandaru Dattatreya participated in the ILC.

Speaking at the Plenary Session of the International Labour Conference on 14th June 2017, Labour and Employment Minister expressed his happiness over the growing coherence between the Sustainable Development Goals and the agenda of ILO and other UN forums. The Minister said that no development was complete unless it benefitted each and every person in the society. Shri Dattatreya further added that Poverty eradication, employment generation and reducing inequality formed the core of the development strategy of India. On ratification by India of two core ILO conventions on Child Labour, the Minister reiterated India’s commitment for a safe, healthy and happy future for children. Shri Dattatreya further added that the government is committed to provide social security for 450 million workforce in the informal sector. The Labour and Employment Minister informed about the amended Maternity Benefit Amendment Act, 2017 that provides for paid maternity leave of 26 weeks which would encourage women into employment. The Minister delivered his speech in Hindi and ended his speech by reaffirming India’s commitment for promoting the welfare of the workers in and outside the country including promoting their skill development and protecting their rights.

Smt M. Sathiyavathy, Secretary, the Ministry of Labour and Employment, addressed the Plenary Session of the 106th ILC and placed on record India’s appreciation for a comprehensive and topical report of Director General, ILO, Mr Guy Ryder on ‘Work in a changing climate: The Green Initiative’. Smt. Sathiyavathy indicated that the Paris Agreement of 2015 had defined the global climate initiative in the changing context of globalization which recognized national contexts, yet respected the principles of shared responsibility and collective commitments. The fact that 195 countries have signed and 147 have recognized it, is a testimony of its importance. She reiterated India’s commitment to cleaner climate and energy transition. The Secretary mentioned about setting up of the international and inter-governmental organization- ‘International Solar Alliance headquartered at National Institute of Solar Energy (NISE) in India that is dedicated to promotion and for making solar energy a valuable source of affordable, reliable, green and clean energy in 121 member countries. She further added that India has initiated several measures towards achieving sustainable development through green pathway including increasing the forest cover, reducing carbon emissions, river conservation and tackling solid waste and air pollution. She expressed concern over the likely impact of the transition to green jobs in sectors such as agriculture which is the primary sector of many economies and therefore stressed on the need to build responses very carefully keeping in mind not only the limitations of the member states but also ensuring that their strengths are not compromised.

In a historic step towards eradication of Child Labour from the country, India ratified International Labour Organizations Convention No 138 (minimum age for employment) and Convention No 182 (worst forms of child labour) to symbolise its commitment and initiatives for eradication of child labour and attainment of Sustainable Development Goal 8.7 related with curbing of child labour. The ratification of both conventions coincided with the International Day against Child Labour expressing country’s commitment along with global partners to fight the menace of child labour and providing the childhood back to them. Shri Bandaru Dattatreya handed the Instruments of Ratification to Mr. Guy Ryder, DG, ILO at the sideline event held in Geneva at the International Labour Conference, 2017 on 13th June 2017.

With ratification of these two core ILO conventions, India has ratified 6 out of 8 core ILO conventions, with the other 4 core ILO conventions relating to abolition of forced labour, equal remuneration and no discrimination between men and women in employment and occupation, thus reaffirming its commitment for promoting and realizing fundamental principles and right at work. This action is in sync with the Government’s broader intent for social equality and growth for all.

Several multilateral meetings were held on the sidelines of the ILC. At the NAM Ministerial Meeting held on 13th June 2017, Labour and Employment Minister, Shri Bandaru Dattatreya said “In India, we have leveraged the technological advancement. Technology forms the basis of many of our programmes, like Digital India, National Career Service (NCS) portal,

extending social security benefits (DBT). NCS portal is our strengthened public employment services platform effectively using the Information technology. The Portal already hosts more than 38 million job seekers and around 1.5 million job providers.

At the ASPAG Ministerial Meeting held on 13th June 2017, The Minister of Labour and Employment, Shri Bandaru Dattatreya said “India firmly believes that employment generation with assured social protection and greater gender parity are fundamental to create an inclusive society”. The Minister further added that “poverty alleviation strategy must be linked to robust employment generation policies and equally robust wage policies and social protection. Our challenge is to implementing these policies to the informal sector. In a recent massive drive we were successful in opening bank accounts for close to 5 million wage workers across the country in last 6 months. We amended the legislative provisions to enable the payment of wages through banking transactions thereby adding to the transition to formality”.

At the G20 Labour and Employment Ministerial Meeting held on 14th June 2017, Shri Bandaru Dattatreya, expressed his happiness that issues like technology transfers by businesses in the global supply chain and promotion of decent work through capacity building formed the part of the G20 Labour and Employment Ministerial Declaration adopted by G20 Labour and Employment Ministers in Bad Neuenahr, Germany in May 2017. He further urged the G20 countries to explore the possibility of signing bilateral agreements for providing social security cover to our workers and for promoting their skill development.

Indian delegation led by Labour and Employment Minister also participated in bilateral meeting held with Iran and spoke about issues concerning MSMEs, rural employment and vocational training.

EPFO signs MoU with HUDCO under new Housing Scheme of EPF & MP Act-1952

Dr. V.P. Joy, Central Provident Fund Commissioner and Dr. M. Ravi Kanth, CMD HUDCO signed a Memorandum of Understanding (MoU) in the august presence of Union Minister of Urban Development, Housing & Urban Poverty Alleviation, Shri M. Venkaiah Naidu and the Minister of State (Independent Charge), Labour & Employment, Shri Bandaru Dattatreya for facilitating “Housing for All by 2022” here today.

By taking one step forward to achieve Hon’ble Prime Minister Shri Narendra Modi’s vision of Housing for all by 2022, EPFO has amended EPF Scheme 1952 vide Gazette notification No. G.S.R. 351(E) dated 12th April, 2017 to provide assistance in acquiring affordable houses to the EPF members by allowing withdrawal from the provident fund to the extent of 90% of the total PF accumulation and also facilitating payment of installment of housing loan. The major objective of this scheme is to assist in building houses for workers integrating with housing programmes of the Central and State Governments.

The salient features of this scheme are:-

1. Bringing together all stake holders namely, workers, employers, financial institutions & housing agencies to provide workers' need for Housing.

2. Forming Housing societies for collective action, ten or more members can register a society. Society will arrange housing units from public/private housing providers, apply to the concerned PF office through the society for getting Certificate of Fund & Contribution.

3. Channelizing the corpus of EPF savings to build affordable housing for the working class, withdrawal of up to 90% of accumulations in members Provident Fund Accounts is allowed.

4. Banks/Financing Agencies can make use of certificate issued by Commissioner to arrive EMI for withdrawal under Para 68 BD (3) of EPF Scheme.

5. Full/ Part repayment of loans out of monthly P.F. Contributions.

6. Eligibility condition relaxed for such withdrawal, now membership period of EPF reduced from 5 years to 3 years.

7. Members can avail interest subsidy up to 2.20 lakh in Credit Linked Subsidy Scheme (CLSS) through Ministry of Housing and Urban Poverty Alleviation through its Nodal Agency HUDCO and National Housing Bank for those members whose annual income is less that the amount specified in Pradhan Mantri Awas Yojna.

8. Individual housing loan repayment can be done by authorizing EPFO to pay installments directly to the lending agency.

Guidelines To File EPFO And ESIC Common Returns At USSP

Government of India is very keenly following the benchmarks set by the Doing Business Project of the World Bank to improve the business environment in the country. We are a nation of possibilities and we want to explore and avail every opportunity to promote development led growth in the country.

Ministry of Labour & Employment has taken various measures to promote ‘Ease of Doing Business’ through transformative reforms both legislative as well as governance. With extensive use of technology we have strived to provide better delivery of services to the businesses.

1. Registration :

a. Registration process for EPFO and ESIC are now fully online on realtime basis: Also there is No Cost for Registration. The process of allotment of both EPFO and ESIC Registration Number to any employer is totally online with no manual intervention. Once an application is submitted successfully the registration number allotted is displayed immediately within a few minutes. There is no visit of any personnel from the EPFO or ESIC for collection of any documents as the required documents are uploaded by the employer at the time of application submission itself. The Registration can be done independently for EPFO at OLRE portal of EPFO(https://unifiedportal.epfindia.gov.in) and for ESIC at www.esic.in/ESICInsurance1/ESICInsuranceportal) . If the Employer wants to register for both EPFO and ESIC , the common registration form is available at the eBiz Portal of DIPP since 9th March 2016. In EPFO, the requirement of furnishing details of Bank account at the time of registration under has been made optional, and there is no such requirement at all in case of ESIC.

b. Common Registration Service on the e-biz Portal of DIPP: Ministry has launched the Common Registration on-line Service on the e-biz Portal of DIPP, for registration under 5 Central Labour Laws viz.

1. The Employees Provident Fund & Miscellaneous Provisions Act, 1952

2. The Employees State Insurance Act, 1948,

3. The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996,

4. The Contract Labour (Regulation & Abolition) Act, 1970, and

5. The Inter-State Migrant Workmen(Regulation of Employment & Conditions of Service) Act, 1979

2. Compliance of Labour Laws:

Shram Suvidha Portal: A Unified Web Portal ‘Shram Suvidha Portal’ has been launched to bring transparency and accountability in enforcement of labour laws and ease complexity of compliance. It caters to four major Organisations under the Ministry of Labour, namely  Office of Chief Labour Commissioner (Central),  Directorate General of Mines Safety,  Employees’ Provident Fund Organization; and  Employees’ State Insurance Corporation.

A Transparent Inspection Service is being operated on this portal and discretion of the Inspector in selection of unit has been removed.

3. Returns under Labour Laws:
a. Single Online Common Annual Return under 9 Central Labour Acts has been made operational on Shram Suvidha Portal since 24th April 2015 to facilitate filing of simplified Single Online Return by the establishments instead of filing separate Returns, under the following Acts: 1. Payment of Wages Act, 1936 2. Minimum Wages Act, 1948 3. Contract Labour (Regulation and Abolition) Act, 1970 4. Maternity Benefit Act, 1961 5. Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 6. Payment of Bonus Act, 1965 7. Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 8. Industrial Disputes Act, 1947 9. The Mines Act 1952

b. Following the integration with Haryana State, Establishments of Haryana can file Return for Factories Act on Shram Suvidha Portal. 

c. Common Electronic Return cum Challan for EPFO and ESIC: 
Online Electronic Cum Challan Receipt (ECR) is available for both EPFO and ESIC independently. Filing & Payment of contribution is also online with no requirement of any paper document. In case of EPFO, Online filing of returns by Exempted Establishments has also been provided. Establishments can also online file a common Electronic Cum Challan Receipt (ECR) for both EPFO and ESIC on Shram Suvidha Portal.

4. Simplification of Registers and Forms:

Ministry of Labour & Employment has since notified “Ease of Compliance to maintain Registers under various Labour Laws Rules, 2017” on 21st February 2017 which has in effect replaced the 56 Registers/Forms under 9 Central Labour Laws and Rules made thereunder in to 5 common Registers/Forms. This will save efforts, costs and lessen the compliance burden by various establishments. These Rules are available on the Website of this Ministry at the link below:

http://labour.gov.in/whatsnew/ease-compliance-maintain-registers-undervarious-labour-laws-rules-2017

The Ministry has also simultaneously undertaken to develop a software for the 5 common Registers. After development of the software, the same will be put on the Shram Suvidha Portal of the Ministry for free download with an aim to facilitate maintenance of those registers in a digitized form in accordance with the provisions made in the above said notification/Rules.

We hope you and your partners are using the aforesaid services effectively for promoting business in the Country. In case of any issues or queries, please contact us on help-shramsuvidha@gov.in  

SHRAM SUVIDHA PORTAL TEAM

MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA

ESIC Extended Benefit To Insured Person /Insured Women Under The New Wage Ceiling Limit

As per recent ESIC circular dated 30th May 2017, the ESIC has directed that the IP/IW who went out of coverage ceiling of Rs 15000 but were subsequently covered under wage ceiling of Rs 21000 w.e.f. 1st January 2017 shall be entitled to receive the Extended Sickness Benefits and Super Specialty Treatment for the period of interruption, provided that he or she fulfill the eligibility conditions as laid down under the ESI Regulation and H.Q. instructions issued from time to time.

Maternity Benefit (Mines and Circus) Amendment Rules, 2017.

MINISTRY OF LABOUR AND EMPLOYMENT 
NOTIFICATION
New Delhi, the 18th  May, 2017

G.S.R. 483(E).—The following draft of certain rules further to amend the Maternity Benefit (Mines and Circus) Rules, 1963, which the Central Government proposes to make in exercise of the powers conferred by section 28 of the Maternity Benefit Act, 1961 (53 of 1961), is hereby published as required by sub-section (1) of the said section for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after thirty days from the date on which the copies of the Official Gazette in which this notification is published, are made available to the public;

Objections and suggestions, if any, may be addressed to Shri H.L.Meena, Director, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001;

The objections or suggestions, which may be received from any person in respect of the said draft rules within the aforesaid period, will be considered by the Central Government.

DRAFT RULES

1. (1) These rules may be called the Maternity Benefit (Mines and Circus) Amendment Rules, 2017.
(2) They shall come into force on the date of their final notification in the Official Gazette.

2. In the Maternity Benefit (Mines and Circus) Rules,1963, after rule 6, the following rule shall be inserted, namely:—

“6A. Crèche facility to be near establishment.—Every establishment having fifty or more employees shall have the facility of crèche within a distance of five hundred meters from the main entrance of the establishment, either separately or along with common facilities.”.

[F. No. S-36012/03/2015-SS-I]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The principal rules were published in the Gazette of India vide notification number G.S.R. 1642, dated 5th October, 1963 and lastly amended vide notification number G.S.R. 70(E) dated the 31st January, 1996.
Uploaded
http://www.labour.nic.in/sites/default/files/Maternity%20Benefit%20%28Mines%20and%20Circus%29%20Amendment%20Rules%2C%202017.pdf

Industrial Employment (Standing Orders) Central (Amendment) Rules, 2016

Notification No GSR 976(E) dated 7.10.2016 under the Industrial Employment (Standing Order) Act 1946

MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 7th October, 2016

G.S.R. 976(E).—Whereas certain draft rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 were published, as required by sub-section (1) of section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in the notification of the Ministry of Labour and Employment number G.S.R. 764(E) dated 4th August, 2016, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), for inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of thirty days from the date of publication of the said notification in the Official Gazette;  And whereas copies of the said Gazette were made available to the public on the 4th August, 2016;
And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Central Government; suggestions from all persons likely to be affected thereby on or before the expiry of a period of thirty days from the date of publication of the said notification in the Official Gazette;  And whereas copies of the said Gazette were made available to the public on the 4th August, 2016;
And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) read with clauses (a) and (b) of sub-section (2) of section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), the Central Government hereby makes the following rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946, namely:-
1. (1) These rules may be called the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2016.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in the Schedule, in item 1, after the word “badlis” occurring at the end, the words “, fixed term employment workmen in apparel manufacturing sector” shall be inserted.
3. In the Industrial Employment (Standing Orders) Central Rules, 1946,-
(a) in rule 5, after item (6) and the entries relating thereto, the following item shall be inserted, namely:-
(6A) Number of fixed term employment workmen in apparel manufacturing sector;”;
(b) in Schedule 1,––
(i) in paragraph 2 ,––
(A) in sub-paragraph (a), after item (3) and the entry relating thereto, the following item and entries shall be inserted, namely:-
“(3A) fixed term employment workmen in apparel manufacturing sector”; (B) after sub-paragraph (g), the following sub-paragraph shall be inserted, namely:-
‘(h) A “fixed term employment workman in apparel manufacturing sector” is a workman who has been engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.”;
(ii)in paragraph 13, for sub-paragraph 2, the following sub-paragraph shall be substituted, namely:-
“(2) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947), no temporary workman whether monthly rated, weekly rated or piece rated, and no probationer or badli or fixed term employment workman in apparel manufacturing sector, as a result of nonrenewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:
Provided that the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in paragraph 14.”

[F. No. S-12011/1/2016-IR(PL)]
RAJEEV ARORA, Jt. Secy.

Note : The principal rules were published in the Gazette of India vide notification number LR 11 (37), dated the 18th December, 1946 and were lastly amended by notification number G.S.R.655(E), dated the 10th October, 2007 and corrigendum notification number G.S.R. 708(E), dated the 13th November, 2007.

Link -

http://www.labour.nic.in/sites/default/files/FINAL%20NOTIFICATION%20IN%20APPAREL%20MANUCTURING%20SECTOR%20.pdf

 

Gross Wages in ECR in Now Optional

Reporting of “Gross Wages” in Electronic Challan cum Return (ECR) made optional effective 1 April 2017:

Online filling of Provident Fund Returns becomes mandatory for all the employer since April 2012 after the launch of online ECR. "Gross Wages" in December 2016, the Employees’ Provident Fund Organisation (EPFO) revised the format of ECR and made it mandatory.

As per the Frequently Asked Questions (FAQs) issued by the EPFO, “Gross Wages” means total emoluments payable to the employee for the month for which ECR is being filed. However, there was lack of clarity on whether “Gross Wages” included various reimbursements made and benefits provided by an employer to an employee.

The EPFO has issued a news update on its web portal stating that “Gross Wages” in ECR is now optional and the change in ECR software will be made available from 1 April 2017. This might bring huge relief to employers as the additional compliance burden to report “Gross Wages” is now optional.

This changes in software will be available soon...

Delhi - Revised Minimum wages Notification Rates - April 2017

Government of NCT of Delhi  dated 31^st May 2017.

CATEGORY	Per Month as on 1- March - 2017	Per Month as on 1- April - 2017
UNSKILLED	13,350.00/-	13584.00/-
SEMISKILLED	14.698.00/-	14958.00/-
SKILLED	16,182.00/-	16408.00/-
CLERICAL - NON MATRICULATES	14,698.00/-	14958.00/-
CLERICAL - MATRICULATES	16,182.00/-	16468.00/
CLERICAL - GRADUATES	17,604.00/-	17,918.00/-

Visit - http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/  for notification

Universal minimum wage for all workers to be reality soon

New Delhi, Jun 5

Universal minimum wage for all industries and workers, including those getting monthly pay higher than Rs 18,000, would soon be a reality, according to senior officials.

The proposed Code on Wages providing for these "pro- worker provisions" is likely to be placed before the Cabinet this month for approval so that it could be pushed for passage in the forthcoming Monsoon Session of Parliament, they said.
"The ministerial panel on labour issues headed by Finance Minister Arun Jaitley has already approved the Code on Wages. It has already been sent to the law ministry for vetting after which it would be placed before the Cabinet for approval," a source said.

The labour ministry is keen to push the bill for passage in the next session of the Parliament expected to begin next month, he said.
The Wage Code Bill seeks to empower the Centre to set a minimum wage across all sectors in the country and states will have to maintain that. However, states will be able to provide for higher minimum wage in their jurisdiction than fixed by the Central Government.

Besides, the minimum wage would be applicable on all classes of workers. At present, it is applicable for scheduled industries or establishments in the law.
Similarly, the universal minimum wage would be applicable for all workers irrespective of their pay. At present, the minimum wage rates fixed by the Centre and states are applicable to workers getting up to Rs 18,000 monthly pay.
The proposed Code on Wages will subsume the Minimum Wages Act of 1948, the Payment of Wages Act of 1936, the Payment of Bonus Act of 1965 and the Equal Remuneration Act of 1976.
The labour ministry is in the process of condensing 44 labour laws into four codes-- wages, industrial relations, social security and safety, health and working conditions.
The ministerial panel is also deliberating upon the Code on Industrial Relations, which will subsume Industrial Disputes Act, 1947, the Trade Unions Act, 1926, and the Industrial Employment (Standing Orders) Act, 1946.

Source :- PTI