Gazette Notifications

Released Date: 18th Mar, 2020

Central

One-time Relaxation For Employers On Filing Of ESI Contribution For The Contribution Period April 2019 To September 2019

ESIC vide circular No.P-11/12/Misc/SST Misuse/2019-Rev. II and under one time relaxation to employers has extended time of filing contribution up to 15th of May 2020 for the contribution period April 2019 to September 2019 within forty two days after the end of contribution period. Therefore one time relaxation is limited to the contribution period ending September 2019 only and such relaxation is not extended to other older or new contribution period

Effective Date: 18th Mar, 2020
Released Date: 16th Mar, 2020

Central

Extension Of Payment Of ESI Contribution For The Month Of February and March

ESIC vide notification no p-11/14/Misc/1/2019-Rev has extended the ESI contribution for the month of February 2020 and March 2020 to 15th April 2020 and 15th May 2020 respectively on account of pandemic in the form of corona virus. Therefore time limit for payment of contribution has been extended to forty five days instead of fifteen days for the month of February and March 2020 only

Effective Date: 16th Mar, 2020
Released Date: 6th Mar, 2020

Central

Process Of Registration For EPFO And ESIC Through MCA Portal Under Ease Of Doing Business

The Ministry of Labour & Employment vide press release notified that the reform has been completed by making the registration of new Public, Private Limited Companies and One Person Company for ESIC and EPFO mandatory on Ministry of Corporate Affairs Portal through the Spice+ and AGILE-PRO eforms w.e.f., 15th February 2020. Registration for ESIC and EPFO for new companies as above has been stopped on Shram Suvidha Portal from 15th February 2020. A message to this effect is displayed on the Shram Suvidha Portal and the website of Ministry of Labour and Employment www.labour.gov.in. Please refer to the notification for detailed information

Effective Date: 15th Feb, 2020
Released Date: 20th Feb, 2020

Central

EPFO Amendment On Restoration To Normal Pension In cases Of Commutation

EPFO vide circular no G.S.R.132 E has amended Employees' Pension Scheme, 1995 whereby normal pension in respect of those members who availed the benefit of commutation on or before the 25th day of September, 2008 shall be restored after completion of fifteen years from the date of such commutation

Effective Date: 20th Feb, 2020
Released Date: 14th Feb, 2020

Central

EPFO Circular On Guidelines For Initiation Of Inquiries Under Section 7A

EPFO vide circular no.C-II/20/76/Misc./2020/CBE/TN/027 has released guidelines for initiation of inquiries under Section 7A of the Employees Provident Fund And Miscellaneous Provisions Act, 1952. As per the circular, inquiry shall not be initiated for any purpose extraneous to the statutory mandate of Section 7A i.e. dispute of applicability or determination of dues. The minimum standard of evidence for commencement of any legal proceeding is existence of a prima-facie case and the same applies to proceedings u/s 7A as well. A mere complaint in itself doesn't constitute a prima-facie case evidence. Any complaint is required to be investigated by a Enforcement Officer Under Section 13(1) of the Act and substantiated on the basis of admissible evidence gathered during investigation. Once an inquiry is initiated for specific reasons and period, the scope thereof cannot be extended beyond the fact-in -issue. The reasons for initiation of inquiry must be recorded in writing and copy of the all the documents shall be supplied to the necessary parties along with the notice with the case number under Section 7A. Please refer to the notification for further details

Effective Date: 14th Feb, 2020
Released Date: 28th Jan, 2020

Central

ESIC Circular On Clarification Regarding Inspection Of Records Beyond Five Years

ESIC vide circular no.P-11/12/11/04/2018 Rev.II has issued clarification regarding checking of records beyond five year period for conducting test inspections and other inspections. As per the circular, ESIC has instructed the SSO not ask for any records beyond five years from the employer for inspection marked through SSP/Hqrs as the contribution cannot be determined for the period beyond five years. Please refer to the circular for detailed information

Effective Date: 28th Jan, 2020
Released Date: 17th Jan, 2020

Central

EPFO Circular On Auto-Settlement Of Online Form 31 And Other Claims

EPFO vide circular No NDC/13(12)2019/Auto Settlement/29 has introduced pilot project of auto settlement (partial) of Form 31(Illness) through EPFO application software at RO-Delhi (South), RO-Delhi (West), RO-Gurgaon, RO-Bandra, RO-Khandivali, RO-Thane, RO, Karnal and RO-Pune. All claims will be processed from 8.00 pm to 8.00 am by the system and system would validate the claims received online (Form 31) and filter for auto processing. In order to facilitate the claims processing and enabling the approving authorities with an insight in relation to a claim and thereby supporting them to take due caution while dealing with such claims based on such observations system will pre-validate Form-19, 10C, 31, 20, 5(IF) on certain parameters. The pre-validation would be implemented in the remaining offices in due course by the EPFO after the pilot results. Please refer circular for detailed information

Effective Date: 17th Jan, 2020
Released Date: 13th Jan, 2020

Central

Circular On Late Registration Of Employee By Employer

Esic vide circular no: P-11/12Misc./SST Misuse/2019-Rev.II directed RO/SRO to issue necessary order of date of appointment for submission of necessary documents by Employer instead of visit/inspection by SSO/Branch Manager. In case of late registration RO/SRO will verify the records submitted by employer and issue an order regarding acceptance or rejection of the date of appointment of each employee. Therefore, in all case, date of appointment shall not be prior to 1st day of previous contribution period. The employer can submit the documents to concerned RO/SRO through email, post messenger. In this case, employer fails to submit the necessary documents for the verification of appointment date of employee within stipulated time period the date of registration of employee will be deemed as date of appointment

Effective Date: 13th Jan, 2020
Released Date: 3rd Jan, 2020

Central

Enhancement Of Wage Ceiling Limit Under The Employees’ Compensation Act, 1923

The Government of India vide notification no S.O. 71(E) has enhanced the wage ceiling under the Employees Compensation Act, from rupees eight thousand to rupees fifteen thousand per month with effect from 3rd January, 2020. Therefore, employers are advised to take note that the amount of compensation to be paid to the employee under the Act shall be calculated on the increased wage ceiling of rupees fifteen thousand

Effective Date: 3rd Jan, 2020
Released Date: 5th Dec, 2019

Central

Implementation Of The Transgender Persons (Protection Of Rights) Act And Rule For All Establishments

The Central Government has implemented The Transgender Persons (Protection of Rights) Act, 2019 and The Transgender Persons (Protection of Rights) Rules, 2020 on all establishments including private establishments to protect the rights of transgender persons and their welfare. As per the Act and Rule, (1) Every establishment shall implement all measures for providing a safe working environment and to ensure that no transgender person is discriminated against in any matter relating to employment including, but not limited to, infrastructure adjustments, recruitment, employment benefits, promotion, and other related issues. (2) Every establishment shall publish an equal opportunity policy for transgender persons. The equal opportunity policy of an establishment shall, inter alias, contain details of- (a) infrastructural facilities (such as unisex toilets), measures put in for safety and security (transportation and guards) and amenities (such as hygiene products) to be provided to the transgender persons to enable them to effectively discharge their duties in the establishment. (b) applicability of all rules and regulations of the company regarding the service conditions of employees. (c) confidentiality of the gender identity of the employees. Please refer to the Act and Rule for more information

Effective Date: 5th Dec, 2019

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