Thursday 20 December 2018

the Employees’ Provident Funds (Amendment) Scheme, 2018 - Non-Refundable Advance To EPFO Member In Case Of Continuous Un-Employment

MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 6th December, 2018

G.S.R. 1182(E).—In exercise of the powers conferred by Section 5 read with sub-section (1) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952, namely:-  

1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2018.
(2) It shall come into force from the date of its publication in the Official Gazette.
2. In the Employees’ Provident Funds Scheme, 1952, after paragraph 68H, the following shall be inserted, namely:- 

           “68HH. Non-refundable advance to a member in case of continuous un-employment for a period of not less than one month.- The Commissioner or, where so authorised by the Commissioner, any other officer subordinate to him, may permit a member, on ceasing to be an employee in any factory or establishment to which the Act applies, a non-refundable advance upto seventy-five percent of the amount standing to his credit in the Fund, if he has not been employed in any factory or other establishment for a continuous period of not less than one month immediately preceding the date on which he makes an application for such non-refundable advance.”.

Wednesday 19 December 2018

ESI BENEFITS ARE APLENTY SICKNESS BENEFIT

ESI BENEFITS ARE APLENTY SICKNESS BENEFIT
 
Conditions for Entitlement Duration Amount Payable Whom to be Paid
The insured person must have worked for wages for 78 days in the corresponding contributory period 91 Days in any two consecutive benefit period 70% of Sickness Benefit Rate Only to the Insured Person
 
Extended Sickness Benefit
for specified long-term diseases like TB, Leprosy etc.
Conditions for Entitlement Duration Amount Payable Whom to be Paid
In Insurable employment for at least two years. Should pay contribution for minimum of 156 days in the preceding 4 contributory period 309 days duration has been  extended beyond 400 days ( 91 days sickness benefit plus 309 days extended sickness benefit) to two years in deserving cases. 80% of Sickness Benefit Rate Only to the Insured Person.
 
Enhanced Sickness Benefit
for undergoing sterilization operation for family planning
Conditions for Entitlement Duration Amount Payable Whom to be Paid
The insured Person must have worked for wages for 78 days in the corresponding contributory period( w.e.f. 19/09/1998) 7 Days for vasectomy & 14 days for tubectomy extended in cases of post operative complications etc. Sickness Benefit Rate Only to the Insured Person.
 
Disablement Benefit ( Employment Injury)
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No condition is prescribed  In case of temporary disablement : As long as incapacity lasts & in case of permanent  disablement: for life time (a) For Temporary Disablement,90% of Sickness Benefit Rate Only to the Insured Person.
(b) For permanent Total Disablement specified in part 1 of 2nd Schedule at the full Rate of TDB
(C) For permanent partial Disablement resulting from an injury specified in Part ii of the 2nd  Schedule at such % age of the full rate as specified in the  said schedule as being the %age of the loss of earning capacity by the injury.
Note : Where More injuries  than one are caused by the same accident, the rate of benefit payable under clauses©&(d) shall be aggregated but not so in any case as to exceed the FULL RATE and in cases of disablement not covered by clauses(a),(b),© &(d) at such rate not exceeding the FULL RATE,as may be provided in the regulations. (d) For permanent partial Disablement resulting from an injury not specified in part ii of the 2nd Schedule at such % age of the FULL RATE payable in the case of Permanent Total Disablement as is proportionate to the loss of earning capacity permanently caused by the injury.
 
Dependent's Benefit
( Employment Injury)
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No condition is prescribed   3/5th of the FULL RATE,if there are 2 or more widows, the amount payable to the widow shall be divided equally between the widows. (a) To the widow/s during life time until remarriage.(b) To the widowed Mother
2/5 of the FULL RATE,if there are 2 or more sons,the amount payable to the son shall be divided equally between the sons. To the legitimate or adopted son/s until he attains the age of 25 years.
Subject to min.of Rs.14                                                                       -              -do--                                                                                                                                  3/10th of the FULL RATE 2/10th of the FULL RATE To the legitimate or adopted unmarried Daughter/s until she attains the age of 25 yrs. Or until marriage whichever is earlier.   ( in case the deceased person does not leave a widow or legitimate or adopted child. Dependent;s Benefit shall be payable to....)
    2/10th of the FULLRATE (a) Parent or grand parent for a life  (b)  Any other male dependent , until he attains the age of 25 yrs.(c) Any other female Dependent until she attain s the age of 25 yrs. Or until marriage whichever is earlier.
An insured person whose Permanent Dis ablement has been assessed as final and who has been awarded permanent disablement benefit at a rate not exceeding Rs.5.00 per day may apply for a lump sum payment and such amount shall be determined by multiplying the daily rate of permanent disablement benefit by the figure indicated in Col.2 of the Schedule iii of the Regulations.
 
Maternity Benefit
Conditions for Entitlement Duration Amount Payable Whom to be Paid
Payment of contribution for 70 days in one or two consecutive periods. 12 weeks of which  not more than the 6 weeks can precede the expected date of confinement. 6 weeks for miscarriage  or for medical termination of pregnancy Additional payment for one month for Complications ( pre or post) arising out of Pregnancy. Sickness Benefit Rate Medical bonus of Rs. 5000 Where ESI hospital faciltiy is not available  for child delivery Only to the Insured Person . Only to the insured woman or in r/o wife of insured person
 
Medical Benefit
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No condition is prescribed From the date of entry of an employee into an insurable employment so long as he remains in insurable employment and thereafter for certain additional period. Full Medical care including hospitalization Person as well as his/ her family members as defined under section 2(11) of the act.
 
Funeral Expenses
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No condition ( i.e merely by virtue of being an insured person) One time lump- sum payment Not more than Rs. 10,000( w.e.f .01/04/2011) To the eldest surviving member of the family of the deceased insured person or to the person who actually incurs the expenditure on the funeral of an insured person.
 
Rehabilitation Allowance
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No Condition is prescribed  For each days of which insured person remains admitted in artificial limb centre for fixation repair or replacement of artificial limb Double the Standard Sickness Benefit Rate But not less than Full wages. Only to the insured person.
 
Medical Benefit to insured person who ceases insurable employment on account of permanent disablement
Conditions for Entitlement Duration Amount Payable Whom to be Paid
No condition but an insured person has to pay Rs. 10 pm in lump sum for one year in advance every year. Till the date on which an insured person would have attained the age of superannuation.                                     ………………………… Medical Benefit to insured person and Spouse.
Medical Benefit to insured persons who have opted  For VRS or superannuated
Conditions for Entitlement Duration Amount Payable Whom to be Paid
(1) Insurable employment for a period of 3 years, and (2) Payment of Contribution @ Rs. 10 pm in lump sum for one year in advance, each year. Till the time yearly contribution is paid to the concerned Office of the Corporation.                    …………………………….. Insured person and his spouse


Delhi - National Festivals & Holiday Notification 2019

The Lieutenant Governor of National Capital Territory of Delhi is pleased to declare that the specified in the following schedule be observed as holidays in all Government office under Government of National Capital Territory of Delhi during the year 2019 (Saka Era 1940-41). 

Government of National Capital of Delhi
General Administration Department
(Co-Ordination Branch)
Delhi Secretariat, I.P. Estate, New Delhi - 110002
No.F.53/211/GAD/CN/2018/4397-4445
13-Dec-18
Notification
S. No
Holiday
Date
Day
Remarks
1
Republic Day
26, January 2019
Saturday

2
Maha Shivaratri
04, March 2019
Monday

3
Holi
21, March 2019
Thursday

4
Mahavir Jayanti
17, April 2019
Wednesday

5
Good Friday
19, April 2019
Friday

6
Buddha Purnima
18, May 2019
Saturday

7
Id-Ul-Fitr
05, June 2019
Wednesday
This holiday is subject to the appearance of the moon
8
Id-Ul-Zuha (Bakrid)
12, August 2019
Monday

9
Independence day
15, August 2019
Thursday

10
Janmashtami
24, August 2019
Saturday

11
Muharram
10, September 2019
Tuesday

12
Mahatma Gandhi's Birthday
02, October 2019
Wednesday

13
Dussehra
08, October 2019
Tuesday

14
Maharishi Valmiki's Birthday
13, October 2019
Sunday

15
Diwali (Deepavali)
27, October 2019
Sunday

16
Milad-Un-Nabi or Id-e-Milad (Birthday of Prophet Mohammed)
10, November 2019
Sunday

17
Guru Nanak Birthday
12, November 2019
Tuesday

18
Christmas Day
25, December 2019
Wednesday

Thursday 13 December 2018

Chandigarh Minimum Wages Notiofication October 2018

Consumer Price Index Number of  Chandigarh Centre for the half 2018 year ending September, 2018.
No. ST/ (CPI)/2018-19/7160           
Dated: 6th November,    
The half yearly Cost of Living Index Numbers of Chandigarh Centre (Base 2001 = 100) for industrial workers, issued by Labour Bureau, Shimla for the months of April, 2018 to September, 2018 are 1520.14, 1525.40, 1541.18, 1588.52, 1593.78 and 1599.04 respectively. Thus the average (calculated for six months) cost of living index numbers as on 30.09.2018 is 1561. The previous average cost of living index number was 1494 points for the quarter ending 31.03.2018. Therefore, increase in average cost of living index number is 67 points and per point neutralization in minimum rates of wages for monthly rated employees under the Minimum Wages Act is Rs. 7/-. Thus minimum rates of wages for each category of employees have been increased by Rs. 469/- p.m. on the increase of 67 points.

The following are the minimum rates of wages payable for monthly & daily rated employees for the period starting from 01.10.2018 to 31.03.2019:     

Sr. No. Category of Employees Rates of Minimum wages
Monthly Daily Monthly Daily
Old Rate 1 April 2018 to 30 September 2018 Old Rate 1 April 2018 to 30 September 2018 New  Rate 1 October 2018 to 30 March 2019 New  Rate 1 October 2018 to 30 March 2029
1 Un-skilled 9,305.00 357.88 9,774.00 376.00
2 Semi-Skilled-II. 9,455.00 363.65 9,924.00 382.00
3 Semi-Skilled-I. 9,555.00 367.50 10,024.00 386.00
4 Skilled-II 9,755.00 375.19 10,224.00 393.23
5 Skilled-I 9,980.00 383.84 10,449.00 402.00
6 Highly Skilled 10,380.00 399.23 10,849.00 417.26
7 Class III Staff 9,580.00 368.46 10,049.00 387.00
8 Class II Staff 9,730.00 374.23 10,199.00 392.26
9 Class I Staff 10,090.00 388.07 10,559.00 406.11

(Hotels, Restaurants, Tea Stall and Halwai
Sr. No. Category of employees
Rates of Minimum wages
Without Food and Lodging With food and Lodging For food and Lodging 
New  Rate 1 October 2018 to 30 March 2019 Old Rate 1 April 2018 to 30 September 2018 Old Rate 1 April 2018 to 30 September 2018
1 Un-skilled 9774 8552.25 1221.75
2 Semi-Skilled-II. 9924 8683.5 1240.5
3 Semi-Skilled-I. 10,024.00 8771 1253
4 Skilled-II 10,224.00 8946 1278
5 Skilled-I 10,449.00 9142.87 1306.12
6 Highly Skilled 10,849.00 9492.87 1356.12
7 Class III Staff 10,049.00 8792.87 1256.12
8 Class II Staff 10,199.00 8924.12 1274.87
9 Class I Staff 10,559.00 9239.12 1319.87

Notes: -

(1)         The points for the months from April, 2018 to September, 2018 Base Year 2001=100 are 289, 290, 293, 302, 303 and 304 which have been calculated by the linking factor at 5.26 with regard to Chandigarh Centre as desired by the Director, Labour Bureau, Shimla vide letter dated 09.03.2006 for compliance.      (2)          The categories of employees as per notification dated 25.11.2010 are given below:                                                                                                (3)         (i) The change due to rise or fall in the Cost of Living Index Number will be adjusted in the ratio of 07:01 i.e. 07 parts in cash and 1 part for two meals and two Tea. 

(ii) Where an employer provides living accommodation to an employee then he may charge maximum of Rs.50 p.m. from the wage of an employee.

1. Unskilled: -means an employee engaged to do manual work by any part of his body like lifting, pushing, pulling, shifting of loads or digging, excavating, removing of earth, water etc. or who assist another employee in a schedule employment or who does any work  of  cleaning, sweeping, gardening or mali, guarding, washing, packing, wrapping, filling, washing etc. or who works as a waterman, masalchi, gateman, peon,  kneedar, watchman, chowkidar, rickshaw puller, rehri wala, beldar, mazdoor, khalasi, poster paster, boardboy, oilman,  as an aya or as cleaner on a vehicle or polisher on a vehicle etc. or any other  person who does similar nature of jobs.   

 2. Semi-Skilled-II: means an employee who has not passed his intermediate or equivalent examination and have learnt by experience to work on a machine and operate or work on such machine or who has acquired some skill in any technical/professional trades and work on a machine or on the job of that trade or profession or who without having any special training from any Govt. recognized institution or school or board works as a plumber, rein forcer, spinner, stitcher, tailor, embroider, barber, mochi, pump attendant, mixerman, deffedar, mate,tarcol / paint sprayer or other sprayer or  bazri spreader, quarry operator, jamperman, hammer man, sole cutter, upper-fitter, backer, securer, stiffer, skiver, heel builder, boatman, floor polisher, mistry, whitewasher, carpenter, distemperer, air conditioner operator or its repairer, moulder, compositor, rangaiwala, Roller man, saw man, plainer man  cutterman,soaker, hanger man, drillman, leach houseman, lime yardman, drum man, tan yardman, book binder, wireman, buffer, grusher, waiter, , deliveryman, khatai wala, achaar/muraba maker, weighing man, lineman, bill collector, assistant cook, painteryman, stock boy, canvasser, glassfitter,cyclefitter or repairer, furniture polisher, type repairer, kantiwala, lohar, toka man, planer, light vehicle driver or a chauffeur, conductor or who works as a welder, sheet metal worker ,fitter, turner, machine man, grinder man  or as  machinist grinder radio/TV wireless repairer, blacksmith, motor mechanic, diesel engine operator or other machines operator, diesel mechanic, meter reader  etc. or any other person  who does any work similar to any  of the above.

3.Semi-Skilled-I :-means an employee who has passed his intermediate or equivalent examination and have learnt by experience to work on a machine and operate such machine or who worked at least for five years on any of the work/job falling under the semi-skilled-II category or who is a driver of medium/heavy/special vehicle or who is a head mate, massion, glass cutter, bakery mistry, halwai, rafugar, dry cleaner, pressman, steward, head bearer, head waiter, film repairer, guide, cook, tandooriya, coffee-man, photographer, video camera operator, dispenser, analyst, checker, computer operator, Inspector, weaver, shaver, electroplater, glassblower, decorator, scudder, dyer, flesher, finisher, setter, splitter, laboratory assistant chemist, attendant, die maker, refrigerator mechanic, ginisher, luster, candle man, spinning master, printing master, screening master, artist etc. or who does any work  similar to any of the above.   
4.    Skilled-II: -means an employee, who has passed a certificate examination in technical or other professional trade from a Govt. recognized institution, board or a university and who does work in that trade or profession and include a grinder man, machinist grinder man, line man, welder, turner, machinist, wireman, electrician, shaper man, painter, blacksmith, goldsmith, sheet metal worker, fitter, radio/TV/wireless mechanic, die maker, air conditioner operator or mechanic, laboratory attendant, chemist, compounder, printing man/printer, craftsman, smith, lithographer, compositor, moulder, rangaiwala, watch repairer or watch assembler, computer mechanic, software developer, motor mechanic or motor binder, refrigeration mechanic, blower man, senior machine operator, computerize machine operator, etc. or who does any similar nature of jobs on having obtained a similar certificate.     
5.       Skilled-I: -       means an employee who passed his diploma or equivalent examination in any discipline from any Govt. recognized institution, Board or a university and does work in that discipline or who is at least a graduate and does any of the work falling under skilled-II category and includes a medical representative, advertiser, marketing professional or a chef or technical supervisor etc. or who does any similar nature of jobs.  
6.      Highly Skilled: - means an employee who is a graduate in engineering or in any other special or other professional trade from a Govt. recognized institution, board or a university and employed to do work in that discipline or who is employed as a foreman, manager, executive, or an officer, having no power of managerial functions or who does any work similar in nature.      7.      Class –III [Staff]: - means an employee who has passed his matriculation or equivalent examination and employed as a clerk, time keeper, munshi, store assistant, store keeper, accounts assistant, typist, steno-typist, receptionist, personal assistant, cashier, draftsman, telephone operator, computer applicator, counterman, ticket checker, ticket collector, legal assistant, supplier, nurse or nursing assistant, compounder, technologist, radiologist or employed to do similar nature of work in an office or at other place or any other employee who is employed to do similar nature of work.

 8.       Class –II [Staff]: - means an employee who has passed his graduation in any discipline except technical and who does any work specified for class-III [Staff] whether designated with the same or similar nomenclature or by a senior nomenclature but below the nomenclature specified for Class-I [Staff] or who is accountant, stenographer, work incharge, office supervisor, salesman, purchase man, store incharge, architect, artesian etc. or any other person doing similar nature of jobs.     9.       Class –I [Staff]: - means an employee employed as assistant manager, foreman, executive, engineer, officer, office supervisor, medical officer, doctor, dentist, surgeon, pharmist, vaid, hakim, homeopath or in any other similar position etc. and who does not have any authority or power to exercise managerial functions or who does any office work or work related to his nomenclature during the maximum time of his duty, the work may include the work specified for Class-II or III [Staff].