Labour Law Gazette Notifications
Released Date: 21st May, 2020
Goa
Self Certification Scheme For Factories In Goa
Government of Goa vide notification no CIF/094/S-II/IFB/2020/242 has introduced scheme known as ‘Self Certification Scheme’ to simplify compliance for the Factories covered section 2(m) (i) or section 2(m) (ii) or covered under section 85 of the Factories Act, 1948 except for the factories categorized as “major accident hazards (MAH) installations” as defined under clause (ja) of rule 2 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989. The scheme shall be valid for five calendar years including the calendar year when the scheme was used. The scheme may be renewed for further five-calendar year after completion of the tenure of the scheme. Therefore, Occupier may get enrolled for this scheme at any time in a calendar year by submitting an application in Form – I. After being enrolled to the scheme, the occupier/manager of the factory shall file the Returns online through Goa Online e-District portal: https://goaonline.gov.in/Appln/Uil/DeptServices?__DocId=FAB&__ServiceId=FAB04. Once after enrolling under this scheme employer is exempted from maintenance of registers as list below in hard copy format and shall be maintained in soft copy format as mentioned i.e (i) Record of lime washing, painting, etc. in Form No. 08; (ii) Humidity Register in Form No. 9; (iii) Register of Compensatory Holidays in Form No. 17; (iv) Overtime muster roll for exempted workers in Form No. 18; (v) Register of adult workers in Form No. 20; (vi) Register of child workers in Form No. 22; (vii) Register of leaving with Wages in Form No. 23; (viii) Leave Book in Form No. 24; (ix) Nomination for Payment of Wages due for a period of leave with wages in the event of the death of a worker in Form No. 25; (x) Muster Roll in Form No. 36; (xi) Register of accidents and dangerous occurrences in Form No. 37; and (xii) Inspection Book in Form No. 38. The Occupier/manager shall submit compliance to the inspection report within one month from the date of receipt Inspection Report. Once inspected, the same factory will not be inspected again during the remaining period of the validity of the scheme unless there is the occurrence of a fatal accident or accident causing serious bodily injury or dangerous occurrence takes place or any specific complaint/grievance is received regarding violation of the law during the said period. Please refer to the notification for more details
Effective Date: 21st May, 2020
Released Date: 21st May, 2020
Tripura
Extension Of Working Hours And Applicability To Act For Factories In Tripura
Government of Tripura vide Notification No.F.2(345)-FB/EoDB(Vol-II)/2015(Part)/189-96 has exempted all factories registered under The Factories Act, 1948 in the state from the provisions of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval of Rest), Section 56 (Spreadover Hours) with effect from 21st May 2020 for a period of three months subject to the conditions specified, (1) No adult workers shall be allowed or required to work in a factory for more than twelve hours in any day and seventy two hours in a week (2) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no workers shall work for more than six hours before he has had an interval for rest of atleast half an hour (3) No female workers shall be allowed or required to work in a factory between 7pm to 6am (4) Salaries/wage shall be in proportion of the existing rate (e.g if wages for eight hour is Rs 160, then proportionate wage will be Rs 240 for twelve hours). As per the notification, the government has also increased 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 for three months. The said increase in the threshold for factories shall be valid for three months from the date of issuance of notification and the same shall be reviewed by the Labour Department after three months. Please refer notification for more details
Effective Date: 21st May, 2020
Released Date: 20th May, 2020
Kerala
The Kerala Minimum Wages Notification (March 2020)
Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.P3.Pdl.1/2020/DES, the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of March 2020 are as ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act
Released Date: 20th May, 2020
Central
EPFO in its notification No.1513 dated 18th May 2020 had declared regarding reduction In the statutory rate of EPF contribution from Twelve per cent to Ten per cent. Therefore, EPFO has released Frequently Asked Questions to bring more clarity on the notification for the reduction in the statutory rate from twelve per cent to ten per cent for three months that is during May, June, July 2020. Please refer to the FAQ for more details
Effective Date: 20th May, 2020
Released Date: 20th May, 2020
Telangana
Extension Of Paid Holidays For Shops And Establishment And Factories In Telangana Upto 31st May 2020
Government of Telangana, Department of Labour Employment Training & Factories vide notification no 182 had further extended the order declaring paid holidays for S&E and Factories till 31st May 2020 instead of 29th May 2020 in continuance to previous notification no G.O.Ms No.173 dated 8th May 2020 and G.O Ms No 68 in regard to extension of Lockdown in the State of Telangana till 31st May 2020. Please refer notification for more details
Effective Date: 20th May, 2020
Released Date: 20th May, 2020
Bihar
The Bihar Industrial Employment (Standing Orders) Amendment Rules, 2020
Government of Bihar vide notification no S. O. 128 has amended Bihar Industrial Employment (Standing Orders) Rules, 1947 to incorporate the provision of Rule 3(A) which provides that employer of an industrial establishment shall not convert the posts of the permanent workmen to fixed-term employment and similarly included "fixed-term employment workman" under Appendix A Model Standing orders with conditions that facilities such as hours of work, wages, allowances and other statutory benefits shall not be lesser than the facilities for the permanent workman. The notification also amends Paragraph 13 (1) (2) of Model Standing Order with regard to Termination of employment of permanent workmen, temporary workmen in which the provisions of the notice of termination of permanent workmen has been substituted now with new clauses. Please refer notification for more details
Effective Date: 20th May, 2020
Released Date: 18th May, 2020
Central
EPFO Reduces The Contribution Rate To Ten Per Cent From Existing Rate Of Twelve Per Cent
Government of India vide notification S.No.1513 has amended the earlier notification dated S.O.320 (E) dated the 9th April 1997 which retained the rate of contribution at Ten per cent to (i)Any establishment in which less than twenty persons are employed, (ii) Any sick industrial company, (iii) Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth and (iv) Any establishment in Jute, Beedi, Brick, Coir and guar gum industry. As per the new notification Government has amended by adding new Clause which refers to; "Any establishment other than Central public sector enterprises and state public sector enterprises and other establishments owned by, or under the control of the Central Government or the State Government, as the case may be, in respect of wages payable by it for the months of May, June and July 2020". Provided that this clause shall not be applicable to the establishments eligible for relief under the Pradhan Mantri Garib Kalyan Yojna guidelines issued by the Employees Provident Fund Organisation (EPFO). Therefore for the establishments registered under the Act other than Government enterprises/establishments and establishments already seeking relief under the Pradhan Mantri Garib Kalyan Yojna, the contribution which shall be paid by the employer to the EPF shall be Ten per cent and the employee's contributions shall be equal to the contribution payable by the employer in respect of wages payable to employees for the months of May, June, July 2020
Effective Date: 18th May, 2020
Released Date: 18th May, 2020
Central
Amendment Of Maternity Benefit Forms Under Employees State Insurance (General) Regulations, 1950
ESIC vide notification No. N-12/13/1/2016-P&D has amended The Employees' State Insurance (General) Regulations, 1950 to bring following changes as mentioned, (1) Revised Form 17 (Certification/Notice of Pregnancy) and Form 19 (claim for Maternity Benefit and Notice of work) (2) Under Regulation 87, which regulates notice of pregnancy by an insured woman, newly inserted Regulation 87A shall now provide for Notice of Commission Mother to be submitted in the amended Form 17 to the appropriate branch office (3) Under Regulation 88, which regulates the claim for maternity benefits commencing before confinement, newly inserted Regulation 88A shall require submission of a declaration by an insured woman of her surviving child or children (4) Under Regulation 89 which provides for a claim for maternity benefit only after confinement or for miscarriage, (a) Newly inserted Regulation 89C shall require submission of a claim for Maternity Benefit by Commissioning Mother in the amended Form 19. Provided further if commissioning mother and another woman both are insured, the claim will be provided only to the commissioning mother. Claim against miscarriage will not be payable to the commissioning as well as to the other woman (b) Newly inserted regulation 89 D shall require submission of a claim for Maternity Benefit by Adoptive mother in the amended Form 19 as well
Effective Date: 18th May, 2020
Released Date: 18th May, 2020
Central
ESIC vide circular No.P-11/12/Misc/1/2019(M)-Rev. II has extended time of filing return of contribution for the contribution period October 2019 to March 2020 under Employees State Insurance (General) Regulations, 1950 to 11th June 2020
Effective Date: 18th May, 2020
Released Date: 15th May, 2020
Central
EPFO Considering the difficulty faced by the establishments in the timely deposit of contributions or administrative charges due for any period during the lockdown, the EPFO has decided that such delays due to operational or economic reasons shall not be treated as default and penal damages should not be levied for such delay. Circular dated 15.05.2020 has been issued to Field Offices of EPFO containing instructions to the effect that no proceeding shall be initiated for levy of penal damages in such cases which is available under TAB “COVID-19” on the home page of EPFO website
Effective Date: 15th May, 2020
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