Gazette Notifications

Released Date: 2nd Nov, 2016

Central

Nepalese And Bhutanese National Deemed To Be An Indian Worker

The amended Para 83 sub para (2) (ja) now defines an “International Workers” as an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement; Provided that the worker who is a Nepalese national on account of Treaty of Peace and Friendship 1950 and the worker who is a Bhutanese national on account of India-Bhutan Friendship Treaty of 2007, shall be deemed to be an Indian worker

Effective Date: 2nd Nov, 2016
Released Date: 6th Oct, 2016

Central

As per circular no. 13/2016 , Inspecting Officer to inform jurisdictional officers under ESIC and EPF Act regarding non-compliance by organizations

The Circular from the Office of the Commissioner of Labour, Kerala, to all the Labour Officers instructing them to check for applicability of the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees State Insurance Corporation Act, 1948 to the establishments that are under inspection. If found applicable and if the Establishment is not complying, then the Labour Officers are instructed to inform the respective jurisdictional offices of the EPFO and ESIC about the non-compliance. Documentation of such information is to be recorded in the files pertaining to the inspections

Effective Date: 6th Oct, 2016
Released Date: 21st Sep, 2016

Central

ESIC Unemployment Benefit Increased

As per Circular dated 21st September 2016, the ESIC has modified the Rajiv Gandhi Shramik Kalyan Yojna (RGSKY). The contribution to be eligible for benefit under RGSKY had to be made for a period of 3 years, this has been reduced to 2 years. The duration of unemployment allowance has been increased from 12 months to 24 months, with benefit rate of 50 percent of last average daily wages for unemployment period of 0 to 12 months and benefit rate of 25 percent of last average daily wages for unemployment period of 13 to 24 months

Effective Date: 21st Sep, 2016
Released Date: 26th Aug, 2016

Central

Instructions Towards Advances And Withdrawal From Provident Fund

As per Notification No. WSU/10(1)2011/Changes in MAP/13202 and WSU/10(1)2011/Changes in MAP/31406. Under the EPF Scheme new Form 19 UAN (PF withdrawal on leaving service/termination/retirement), Form 10C UAN (Refund of Employer share. Withdrawal benefit), Form 31 UAN (PF Members to avail advances/withdrawals) and Declaration Form under Form 31, Form 31 UAN have been prescribed, which need not be attested by employer and can be directly submitted to EPF Office of jurisdiction. The employees whose AADHAR Number and Bank details have not been seeded have to file claims under old Form 19, Form 10C and Form 31

Effective Date: 26th Aug, 2016
Released Date: 23rd Jun, 2016

Central

Employee Pension Scheme Changes For UAN Holders

As per Notification No. Pension 1/7(1)96/Forms/7869 Government has notified that employees whose details like AADHAR number and Bank Account number have been seeded in their UAN and whose UAN has been activated may submit claims in Form 10-D-UAN (Application for monthly Pension) directly to the commissioner without attestation of their employers

Effective Date: 23rd Jun, 2016
Released Date: 24th May, 2016

Central

Employees Provident Fund And Miscellaneous Provisions Act, 1952

As per G.S.R.543 (E) released on 24th May 2016, EDLI benefit is now the average monthly wages drawn (subject to a maximum of fifteen thousand rupees), during the twelve months preceding the month in which the employee died, multiplied by thirty times plus fifty percent of the average balance in the account of the deceased in the Fund or of a provident fund exempted under section 17 of the Act or under paragraph 27 or 27 A of the Employees Provident Funds Scheme, 1952, as the case may be, during preceding twelve months or during the period of his membership, whichever is less, subject to a ceiling of one lakh and fifty thousand rupees, subject to a total ceiling of six lakh rupees

Effective Date: 24th May, 2016
Released Date: 31st Dec, 2015

Central

Amendment to The Payment Of Bonus Act, 1965

The Payment of Bonus Act, 1965 was amended by, The Payment Of Bonus (Amendment) Act, No. 6 OF 2016 released on 31-Dec-2015 and effective from 1-Apr-2014. The major changes by this amendment are as follows : • The monthly pay eligibility limit of employee is enhanced to Rs 21,000 from Rs 10,000. Therefore any employee drawing a basic upto Rs. 21000 per month is eligible for Bonus. • Also the bonus calculation ceiling is enhanced to Rs 7,000 (or the minimum wages notified whichever is higher) from Rs 3,500.

Effective Date: 1st Apr, 2014
Released Date: 22nd Jun, 2015

Central

Directions issued under Provision 78(3) and the EPF Scheme Provision 78 (1) requires submission of information in Form 11 by the members

Administrative directions provided under Provision 78 (3) stating the provision 78 (1) of the EPF Scheme now makes it compulsory for the members to submit information under Form 11. Employer of the establishment covered under the Act is directed to get the declaration in Form No.11 and upload the same in Universal Account Number (UAN) Portal within twenty five days of close of each month from all the employees joining the establishment in a month and who are eligible to become members of the Fund. He is further directed to disseminate the UAN generated by EPFO to all his existing employees who are members of the Fund within fifteen days from the receipt of UAN and obtain acknowledgement from them. The Employer has to activate the UAN within fifteen days of such dissemination. The Employer has to upload the KYC details, AADHAR numbers within one month (if AADHAR is obtained subsequently within fifteen days) from receipt of UAN. Employees who do not have an AADHAR number, the employer shall obtain certificate from such members stating they have no AADHAR within one month of receipt of UAN. The Employer has to ensure incorporation of UAN and upload all relevant information in the claim form before forwarding it to the EPFO. If employer is non-compliant of these directions he shall be punishable under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 and the Scheme framed thereunder

Effective Date: 22nd Jun, 2015
Released Date: 21st May, 2015

Central

Section 192A of the Income Tax Act, 1961 raises the threshold limit for PF withdrawal for TDS

The Finance Act, 2016 has amended section 192A of Income Tax Act, 1961 to raise the threshold limit of provident fund withdrawal from Rs. 30,000/- to Rs. 50,000/- for Tax Deducted at Source (TDS). This provision will be effective from 1st June, 2016.

Effective Date: 1st Jun, 2015

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