Gazette Notifications

Released Date: 13th Feb, 2017

Central

Reduced Rate Of Contribution Applicable To Newly Implemented Areas Under ESIC

As per amendment to the Employee State Insurance (Central) Rules, 1950 vide Labour department notification G.S.R. 959 €, whereas for areas in which ESI Act was newly implemented the rate of contribution was reduced for employer to 3% and for employee to 1%. For further clarification, the Labour department has released the notification No. P-11/12/Misc./01/2016-Rev.II which requires that employers who are newly registered in areas in which ESI Act was newly implemented between 01.04.2016 and 05.10.2016, have to pay full contribution from date of registration or implementation till 05.10.2016. Thereafter from 06.10.2016, employers shall pay contribution at reduced rate (for employer to 3% and for employee to 1%) for a period of two years with effect from 06.10.2016

Effective Date: 13th Feb, 2017
Released Date: 2nd Feb, 2017

Central

Additional Compliance For Principal Employer With Reference To Employees Engaged By Or Through Contractors

The Employees Provident Fund Organisation vide Notification no. CAIU/011(33)2015/HQ/Vol.II/28445 dated 2nd February 2017, where the the Principal employer should ensure that the contractor is registered with EPFO before awarding any Contract. After award of the contract, the contractor details should be entered in the EPFO portal. Payments due to the contractor should be made only after verifying that the statutory PF payments have been made to EPFO. This can be verified either directly from the EPFO portal or insisting on a payment receipt obtained by the contractor from the EPFO portal while making payment. If the contractors are having separate PF code number, the overall responsibility of ensuring the compliance under the EPF & MP Act, 1952 for the employees working through the contractors by deposit of the dues with the EPFO regularly, rests with the Principal employer. Principal employer can also deduct EPF dues from the contractors' bill and deposit the same either against the contractors' code number or their own code number

Effective Date: 2nd Feb, 2017
Released Date: 20th Jan, 2017

Central

ESIC Amendment Towards Maternity Benefit Period Provided For The Insured Woman

As per Notification No G.S.R. 62(E) Rule 6A of Employees State Insurance (Central) Rules, 1950, defines Insured Woman which covers a commissioning mother who as a biological mother wishes to have a child and prefers to get embryo implanted in any other woman and a woman who legally adopts a child upto three months of age. Rule 56 has also been amended to now provide that insured woman shall be entitled to receive the maternity benefit at a daily rate for a period of twenty six weeks, out of which the leaves are not taken for a period which is more than eight weeks before the confinement date, earlier the total period of leaves was twelve weeks and the leaves could not be taken from a date more than six weeks prior to confinement date. Insured woman covered under the Act who is delivering the baby shall be entitled to twelve weeks of maternity benefit from the date she hands child over to commissioning mother or adopting mother. Insured woman having two or more surviving children shall be entitled to maternity benefit of twelve weeks out of which the leaves cannot not be taken from a date more than six weeks prior to confinement date

Effective Date: 20th Jan, 2017
Released Date: 19th Jan, 2017

Central

The Central Minimum Wages Notification (Jan 2017)

Government of India vide Gazette notification no. S.O.187(E) has released revised Minimum rates of wages effective 19th January 2017

Effective Date: 19th Jan, 2017
Released Date: 12th Jan, 2017

Central

Extension of Due Date for depositing Contribution of PF for the month of December 2016

The due date for deposit of contribution and other dues of EPFO for the month of December, 2016 by the employer has been extended upto 20th January, 2017 vide No. WSU/9(1)2013/Settlement of Claims/26308 Dated: 12.01.2017

Effective Date: 12th Jan, 2017
Released Date: 4th Jan, 2017

Central

Aadhar Authentication Made Compulsory Under Employees Pension Scheme

As per S.O. 26 (E) The Central Government has notified (for all states except Jammu and Kashmir) that: (1) Employees wishing to continue to avail pension and membership to the EPS, are required to furnish proof of Aadhar or undergo Aadhar authentication as per EPFO procedure. (2) Member of EPS not yet enrolled for Aadhar will have to enrol by 31st January 2017. Till the time Aadhar is assigned, contribution and subsidy under EPS shall be given based on alternate and viable documents, viz.: (i) Identity Certificate issued by employer or field office of the EPFO with the UAN (ii) Aadhar Enrolment ID Slip or (iii) Copy of Aadhar enrolment request, and (iv) Voter ID; PAN Card; Passport; Driving License; Certificate of Identity issued by Gazetted Officer or Tehsildar on an official letter head; any other document specified by EPFO. The member or pensioner may be requested to register their request for enrolment by giving their names with other details, such as, membership number, address, mobile number on EPFO web portal or through its field offices

Effective Date: 4th Jan, 2017
Released Date: 30th Dec, 2016

Central

Employees Enrollment Campaign, 2017 For Employers

Government of India vide Gazette notification no.G.S.R. 1192(E), G.S.R. 1190(E), G.S.R. 1191(E) under Ministry of Labour and Employment the following schemes under Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (Employees’ Deposit Linked Insurance Scheme, 1976,Employees’ Pension Scheme, 1995, Employees’ Provident Funds Scheme, 1952) has been amended. Special provision in respect of Employees’ Enrolment Campaign, 2017 has been announced and this shall come into force on the 1st day of January, 2017 and shall cease to operate on the 31st day of March, 2017. Kindly refer the notification for further details

Effective Date: 1st Jan, 2017
Released Date: 22nd Dec, 2016

Central

Amendment To ESIC Coverage Applicability Increased To Twenty One Thousand Rupees

In an effort to cover more employees/workers under the ESIC coverage, the government has amended Rule 50 to increase the threshold limit of wages to twenty one thousand rupees per month. Therefore, any employee/worker who is drawing wages/salary of twenty one thousand rupees as per the definition of wages of the Act will now be covered under ESIC. This is effective from 1st Jan 2017, therefore, for any employee/worker whose wages is twenty one thousand rupees per month will now be covered under ESIC as against the earlier limit of fifteen thousand rupees per month. This will impact a large section of Employee/worker population who will now be eligible for the ESIC benefit

Effective Date: 1st Jan, 2017
Released Date: 8th Dec, 2016

Central

Introduction Of Next Version Of Electronic Challan Cum Receipt Unified Portal

As per the Notification No.R-I/Introduction of ECR 2.0/2016/633/23617, EPFO has revised ECR as a part of the Unified Portal which has Online Registration of Establishment (OLRE) and Unified Account Number (UAN) as its other two components. This would provide a Unified Platform for employers and employees for various online services provided by EPFO. For relevent materials kindly refer www.epfindia.gov.in

Effective Date: 20th Dec, 2016
Released Date: 6th Dec, 2016

Central

Amendment To Filing Of Annual Return Under Payment Of Bonus Act, 1965

The Rule 5 of the Payment of Bonus Rules, 1972 was amended in 2014 to introduce a new Form D and the option to file the return online. This amendment vide notification No. G.S.R 784 (E) released on 10th November 2014 introduced a new sub-rule 5 (1) introducing the new Form D and also a new time line of 1st February for filing of the return. The amendment also inserted a Proviso which stated that the timelines as required under Section 19 of the act should be adhered as well. However the proviso lead to uncertainty on the return filing date as the Section essentially dealt with the payment of bonus timeline, and had a requirement that the Annual Return be filed within one month from the final date of payment of bonus for a financial year. With the financial year varying for different employers, this proviso caused a confusion vis a vis the new time line of 1st Feb introduced vide the amendment. Therefore the new amendment in 2016 published vide notification no G.S.R 1115 (E) released on 6th December 2016 has omitted the proviso to Rule 5 (1) introduced in 2014. Hence the Annual Return now needs to be filed for every calendar year before 1st Feb of the following year irrespective of the financial year that an employer follows

Effective Date: 6th Dec, 2016

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