Labour Law Gazette Notifications
Karnataka
The Industrial Disputes And Certain Other Laws (Karnataka Amendment) Ordinance, 2020
Governor of Karnataka vide ordinance no 15 of 2020 dated 31st July 2020 has promulgated The Industrial Disputes and Certain other laws (Karnataka Amendment)Ordinance, 2020 to amend The Industrial Disputes Act, 1947, The Factories Act, 1948, The Contract Labour (Regulation and Abolition) Act, 1970. Below mentioned are the brief description on the changes brought in by the ordinance (a) Provisions relating to layoffs, retrenchment, closure of the certain establishment, under Section 25K of The Industrial Disputes Act, 1947 will now be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing provision of one hundred workmen (b) The threshold limit for applicability to the Factories Act, 1948 has now been increased 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. (c) The number of hours allowed to work overtime has been increased from seventy-five hours to one hundred and twenty-five hours in any quarter (d) The applicability of The Contract Labour (Regulation and Abolition) Act, 1970 for establishments has been increased from twenty or more workmen to fifty or more workmen. Please refer notification for more details.
Haryana
Government Of Haryana Introduces Haryana Udhyam Memorandum Portal
The Government of Haryana, Labour Commissioner vide letter dated 29th July 2020 has informed owners/employers/managers of factories/shops and commercial establishments/BOCW establishments in Haryana about obtaining the Haryana Udhyam Memorandum number (HUM No.) from the Haryana Udhyam portal. Due to the prevailing COVID-19 situation, the State Government has taken an initiative to allot a unique ID called Haryana Udhyam Memorandum number (HUM No.) to each enterprise (factories/shops and commercial establishments/BOCW establishments). The enterprises shall upload the details of their employees/workers which shall be useful for planning actions to handle emergency situations similar to COVID-19. The HUM No. may be obtained from http://harudhyam.edisha.gov.in. Please refer the notification for more details
Kerala
The Kerala Minimum Wages Notification (May 2020)
Government of Kerala, Labour, and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial establishments 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 May 2020 are as ascertained by the Director-General of Economics & Statistics under clause (C) of Section 2 of the Act
Dadra and Nagar Haveli
Extension Of Working Hours For Factories In Dadra And Nagar Haveli And Daman And Diu
The Administrator of Dadra and Nagar Haveli and Daman and Diu vide Notification No. LE/LI/DMN/BRAP/238/2020/171 has exempted all factories registered under The Factories Act, 1948 in the Union Territory from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 52 (Weekly Holidays), Section 56 (Spread Hours) with effect from 23rd July 2020 for a period of two months subject to the conditions specified, (1) Total number of the working hour in any day shall not exceed twelve hours (2) The spread over-inclusive of intervals for rest shall not exceed thirteen hours in any one day (3) The total number of hours of work in any week, including overtime, shall not exceed sixty (4) No workers shall be allowed to work overtime for more than seven days at a stretch, the total number of hours for overtime work in a quarter shall not exceed seventy five (5) No workers shall work for more than five hours before he had an interval for rest of atleast half an hour (6) Where worker works in a factory for more than forty eight hour in any week he shall in respect of overtime work be entitled to wage at the rate of twice his ordinary rates of wages in accordance with provision prescribed under Section 53 of the Act (7) The instruction issued by The Ministry of Home Affair, Government of India and the Union Territory of Dadra And Nagar Haveli from time to time regarding COVID 19 pertaining to Social Distancing, sanitising etc shall be strictly followed. Hence, employers having their factories registered under The Factories Act, 1948 may avail the benefit of extended working hours allowed at their factories.
Odisha
The Odisha Minimum Wages Notification (April 2020)
The Government of Odisha vide notification No.4864/LC has released the Minimum Wages effective from 1st April 2020 for the State of Odisha
Maharashtra
Government of Maharashtra, Finance Department vide Gazette notification dated 22nd July 2020 has notified The Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Ordinance 2020 to amend The Maharashtra State Tax On Professions, Trade, Callings And Employments Act, 1975. The salient features of the ordinance are as follows, (1) Newly inserted Section 5(3A) which provides that a company incorporated under the provision of Companies Act 2013 at the time of incorporation shall obtain the certificate of enrollment and certificate of registration under the Maharashtra PT Act. (2) Newly inserted provision to Section 6(1) shall state that employer registered under Section 5(A) shall, after the commencement of his liability to pay tax, furnish to the prescribed authority, a return in such form, such period and by such date as may be prescribed. Please refer notification for more details
Himachal Pradesh
The Himachal Pradesh Minimum Wages Notification (Apr 2020)
The Government of Himachal Pradesh vide notification No. Shram (A)4-2/2018-L has released the minimum wages for the State of Himachal Pradesh effective from 1st April 2020
Gujarat
Extension Of Working Hours For Factories In Gujarat
Government of Gujarat vide notification No.GHR/2020/92/FAC/142020/346/M3 has exempted all factories registered under The Factories Act, 1948 in the state from the provision of Section 51 (Weekly Hour), Section 54 (Daily Hour), Section 55 (Interval Of Rest), Section 56 (Spread Hours) with effect from 20th July 2020 till 19th October 2020 subject to aforesaid conditions, (1) No Adult workers shall be allowed or required to work in the factory more than twelve hours in any day and seventy-two hours in any 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 at least half an hour (3) No female workers shall be allowed or required to work in a factory between 7.00 PM to 6.00 AM (4) Wages shall be in a proportion of the existing wages. (e.g If Wages for eight hours are 100 Rupees, then proportionate wages for twelve hours will be 150 Rupees). Hence, employers having their factories in the state of Gujarat registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of wages
Haryana
The Factories (Haryana Amendment) Act, 2018
Government of Haryana vide Notification No. Leg.17/2020 dated 20th July 2020 has notified The Factories (Haryana Amendment) Act, 2018 to further amend the Factories Act 1948 as in force in the state of Haryana with immediate effect. As per the notification, the government has 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. The notification also amends the number of hours allowed to work overtime in any quarter from seventy-five hours to one hundred and fifteen hours. Please refer notification for more details
Karnataka
Karnataka Defers Payment Of VDA Payable Effective 1st April 2020
Government of Karnataka vide order no. KaE 72 LWA 2020 dated 20th July 2020 has passed resolution towards postponing the VDA payable from 1st April 2020 to 31st March 2021 to mitigate the hardship being faced by the employers who were directed by the Central Government to pay wages, including VDA to their employees for the lockdown period. Employers who already started paying the VDA may continue to do so along with all the statutory contributions and payments. Employers who are yet to provide the minimum wages effective April 2020 may avail of this benefit provided by the government. Since this is only a postponement, the government may revoke this notification in the future and may advice the employers to pay the minimum wages as per the VDA applicable effective 1st April 2020 along with arrears. Please refer notification for more details
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