Labour Law Gazette Notifications
Released Date: 27th Oct, 2020
Central
The Employees’ State Insurance (Central) Rules Amended To Increase Confinement Expenses
ESIC vide notification no.G.S.R. 676(E) has implemented The Employees’ State Insurance (Central) Amendment Rules, 2020. As per the Amendment, for the confinement expenses under Rule 56-A, for the words “rupees five thousand”, the words “rupees seven thousand five hundred” is substituted. Please refer to the notification for more details
Effective Date: 27th Oct, 2020
Released Date: 27th Oct, 2020
Central
The Employees’ State Insurance (Central) Amendment Rules, 2020
ESIC vide notification no.G.S.R. 675(E) has omitted Rule 51B of The Employees' State Insurance (Central) Rules, 1950 which states that in areas where the act is implemented for the first time, the contribution for the initial twenty-four months from such date of implementation for an employer is 3 percent and employee is 1 percent. Now, the contribution rates will be continued at 3.75 percent as employer contribution and 0.75 percent as employee contribution for all newly implemented areas
Effective Date: 27th Oct, 2020
Released Date: 14th Oct, 2020
Central
ESIC vide notification No. E-13/12/9/2020-P.R. has notified the extension of the Atal Beemit Vyakti Kalyan Yojana scheme for the period from 1st July 2020 to 30th June 2021 with relaxation in following eligibility conditions for availing relief under the scheme during the period 24th March 2020 to 31st December 2020 which shall be as under (1) The Insured Person should have been in insurable employment for a minimum period of two years immediately before his/her unemployment and should have contributed for not less than 78 days in the contribution period immediately preceding the unemployment and minimum 78 days in one of the remaining three contribution periods in two years prior to unemployment. (2) The claim shall be due 30 days after the date of unemployment. (3) The claim for relief may be submitted by an IP online in the prescribed claim form duly completed, directly to the Branch office. The payment shall be made in the bank account of the IP within 15 days from the receipt of the duly completed claim. Aadhaar shall be used for the identification of the Insured Person. (4) Relief to the extent of 50 % of the average per day earning during the previous four contribution periods to be paid up to a maximum of 90 days of unemployment. The above-relaxed eligibility conditions shall be applicable for the period 24.03.2020 to 31.12.2020 only. The other conditions as specified in the original Atal Beemit Vyakti Kalyan Yojana scheme as notified on 4th February 2019 shall remain the same. The Atal Beemit Vyakti Kalyan Yojana scheme shall be available with original eligibility conditions for the IPs who became unemployed on or before 23rd March 2020 and on or after 1st January 2021
Effective Date: 1st Jul, 2020
Released Date: 12th Oct, 2020
Central
The Central Minimum Wages Notification (Oct 2020)
As per notification F.No. 1 /20(3) /2020-Ls-II, Government of India has released Minimum Wages for the Central sphere effective 1st October 2020
Effective Date: 1st Oct, 2020
Released Date: 30th Sep, 2020
Central
The Government of West Bengal vide circular No. Labr./210/(LC-IR)/3C-01/18 has issued guidelines to be followed by all employers and employees of the state covered under the Payment of Bonus Act, 1965 (''Act'') while settling the legitimate dues of the workers in respect of bonus for the year 2020 in terms of the said Act in the interest of maintenance of Industrial peace and harmony,:- (1) It is expected that the employers would adopt a flexible attitude on the issue of the payment of bonus (2) All establishments where the bonus was paid in the previous year are requested to see that the rate of bonus payable this year is not lower than that of last year. Employers are also requested to consider payment of an amount of exgratia in lieu of bonus as is admissible at the maximum stage to those employees who have crossed the eligibility limit as per the Act (3) All employees, whether in casual employment/re-employment after retirement/employed through contractors and have worked for not less than 30 days during the year should be paid a bonus (4) The employers in default towards payment of bonus for the previous year are requested to make such payments this year along with the bonus for the current year. (5) The Government appeals to all trade unions and employers' organisation to extend their cooperation in peaceful and effective settlement of industrial disputes concerning bonus without any disruption of work (6) The Government has noted that in many cases, in previous years, employees of the IT sector, Hotel and Restaurants, Shops & Establishments, Security Workers, and some workers in jute mills did not get any bonus. It is hoped that the situation will not be similar this year. (7) All payments of bonus should be made before the commencement of Durga Puja, 2020. Even employers in unorganised sector where most employees are not covered under the Act are expected to pay bonus/ex-gratia to their workers before the commencement of Durga Puja, 2020. Hence, all employers having their establishments in West Bengal may make note of the above guideline and comply accordingly
Effective Date: 30th Sep, 2020
Released Date: 9th Sep, 2020
Central
The Industrial Disputes (Himachal Pradesh Amendment) Act, 2020
The Government of Himachal Pradesh vide notification no 05 of 2020 has repealed The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 published on 9th July 2020 with ordinary legislation to be known as Industrial Disputes (Himachal Pradesh Amendment) Act, 2020. As per the amendment, the provision of the prohibition of strikes and lock-outs now includes non-public utility service as well along with public utility service within the provisions of the Act (b) The conditions for retrenchment compensation has been enhanced to sixty days from the earlier fifteen days average pay for every completed year of continuous service or any part thereof more than six months. Please refer to the notification for more details
Effective Date: 9th Jul, 2020
Released Date: 20th Aug, 2020
Central
ESIC vide notification No. E-13/12/9/2020-P.R. had launched the 'Atal Bimit Vyakti Kalyna Yojna' (ABVKY) a scheme under which unemployment benefit is paid to the workers covered under ESIC Scheme. The ESIC has now decided to extend the scheme for one more year up to 30th June 2021. It has been decided to relax the existing conditions and enhance the amount of relief for workers who have lost employment during the Covid-19 pandemic period. The enhanced relief under the relaxed conditions will be payable during the period of 24th March 2020 to 31st December 2020. Thereafter the scheme will be available with original eligibility condition during the period 1st January 2021 to 30th June 2021. The eligibility criteria for availing the relief have also been relaxed, as under: (i), The payment of relief has been enhanced to 50% of the average of wages from earlier 25% of average wages payable up to a maximum of ninety days of unemployment. (ii) Instead of the relief becoming payable ninety days after unemployment, it shall become due for payment after thirty days. (iii) The Insured Person can submit the claim directly to ESIC Branch Office instead of the claim being forwarded by the last employer and the payment shall be made directly in the bank account of the Insured Person. (iv) The Insured Person should have been insurable employment for a minimum period of two years before his/her employment and should have contributed for not less than seventy-eight days in the contribution period immediately preceding to unemployment and minimum seventy-eight days in one of the remaining three contribution periods in two years prior to unemployment. Please refer the notification for more details
Effective Date: 20th Aug, 2020
Released Date: 11th Aug, 2020
Central
The Tripura Industrial Disputes (Second Amendment) Ordinance, 2020
Governor of Tripura vide notification No.F.8(19)-Law/Leg-I/2020 dated 11th August 2020 has promulgated The Tripura Industrial Disputes (Second Amendment) Ordinance,2020 amending The Industrial Disputes Act, 1947. As per the ordinance the time limit for submission of an application to the Labour Court or Tribunal, in case of dismissal of an individual workman which may be deemed to be an industrial dispute, has been reduced from three years to one year from the date of dismissal, retrenchment, discharge or termination of service as per provisions of the Act. Please refer the notification for more details
Effective Date: 11th Aug, 2020
Released Date: 17th Jul, 2020
Central
EPFO vide circular no EDLI/3(39)SOM/2020/246 has directed Regional Provident Fund Commissioner (in-charge of Regions) to depute an Enforcement Officer towards ascertainment of complete details of any incidents of industrial accidents resulting in the death of employees of a covered establishment as well as ensuring due guidance provided to family members/legal beneficiaries of the deceased members by the filing of claims. Please refer the notification for more details
Effective Date: 17th Jul, 2020
Released Date: 14th Jul, 2020
Central
EPFO in continuance of guidelines issued on 9th April 2020 has further released the circular and guidelines to the implementation of Pradhan Mantri Garib Kalyan Yojana Package for credit of Employees and Employers Share of EPF & EPS Contributions (24% of wages) for three months by Government of India. As per the notification to prevent disruption in the employment of low wage-earning employees and support establishments employing up to one hundred employees, the entire employees EPF contributions (12% of wages) and employers’ EPF & EPS contribution (12% of wages), totaling 24% of the monthly wages for the next three months that is June, July, August shall be directly paid by the Central Govt. in the EPF accounts (UAN) of employees, who are already members of Employees Provident Funds Scheme,1952, drawing wages less than fifteen thousand rupees per month and employed in establishments, already covered under the Employees Provident Funds And Miscellaneous Provisions Act 1952, employing up to one hundred employees, with 90% or more of such employees earning less than fifteen thousand rupees monthly wages. Please refer to the document for detailed information
Effective Date: 14th Jul, 2020
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