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Author: Kirthna Madhavan

 > Articles posted by Kirthna Madhavan

REDUCTION IN UNWARRANTED PF INQUIRIES

PF Section 7A New Guidelines 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 new rules gave by the EPFO for reducing unwarranted inquiries under Section 7A are business amicable and liable to carry enormous relief to employers. Given the wide extent of forces gave upon Provident Fund Commissioners under Section 7A, the guidelines force truly necessary limitations...

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SUPERVISORS NOT ENTITLED TO OVERTIME

Jitendra Anant Mhatre And Ors vs The Union Of India And Ors on 26 September, 2018 Bombay High Court   Reserved for judgment on: August 30, 2018. Judgment pronounced on : September 26, 2018. JUDGMENT:- (Per M.S. SONAK,J.) 1. Heard learned counsel for the parties. 2. The challenge in this petition is to the judgment and order dated 6th December, 2006 made by the Central Administrative Tribunal (CAT) dismissing Original Application No.446 of 2005 instituted by the petitioners seeking overtime allowance on the basis of revised pay scale made applicable to them. Priya Soparkar 2 214 wp 4900-07-c 3. The petitioners had pleaded that they were initially...

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RESTORE COMMUTATION OF PENSION

    The Commuted portion of pension can be restored after 15 years from the date of receipt of the commuted value of pension, based on the application made. The pensioners who had opted for commutation of their pension and got a lump sum amount at the time of retirement from their pension accumulations on or before the 25th day of September, 2008 ( under paragraph 12A of this Scheme), when the provision for commutation of pension was withdrawn by the EPFO by G.S.R. 688(E), dated 26 September 2008, now, the labour Ministry had implemented the EPFO’s decision to restore commutation, or...

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MATERNITY BENEFIT TO WOMEN CONSULTANT

MATERNITY BENEFIT TO WOMEN CONSULTANT The Maternity Benefit Act, 1961 regulates the employment of women in mines, factories, circus industry, plantations and shops or establishment employing 10 or more persons including any such establishments belonging to Government for certain period before and after childbirth and provides for maternity and certain other benefits. The aim of the Act is to extend the benefits to women workers in establishments which have not yet been covered under the ESI Act and those women workers who are not covered within the wage ceiling limit of Rs. 21,000/- provided under the ESI Act. The Act allows the...

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MONTHLY WAGES UNDER EMPLOYEES COMPENSATION ACT INCREASED TO RS. 15000/- FROM RS.8000/-

EMPLOYEES COMPENSATION ACT Monthly wages under Employees Compensation Act as per Section 4 is revised to Rs.15000/- from existing Rs.8000/- .This will be effective from 3rd January,2020. It means the calculation for compensation,in case of fatalities or disability of covered employees, will be fifty percent of Rs.15,000/- in place of Rs.8000/- MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 3rd January, 2020 S.O. 71(E).—In exercise of the powers conferred by sub-section (1B) of section 4 of the Employee’s Compensation Act, 1923 (8 of 1923) and in supersession of the notification of the Ministry of Labour and Employment issued vide number S.O. 1258(E), dated 31st May, 2010; published...

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COMPULSORY REGISTRATION OF ESTABLISHMENT HAVING 10 OR MORE WORKERS BY EMPLOYER

      The Government of Tamil Nadu has developed a web-portal and the services are made available to users online including payment of fee through web-portal. Based on the  Tamil Nadu Shops and Establishments (Amendment) Act, 2018 vide LA-Bill No.27 of 2018,   the State Government makes it compulsory for Registration of Shops and Establishments for any employer employing 10 or more workers.  The employer shall apply for registration and obtain registration certificate within a period of 6 months from the date of commencement of his business through the web portal. Every employer shall apply for renewal of his registration certificate before 30 days from the date of expiry of the period of validity of the registration certificate. The employer shall within a period...

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REDUCTION OF EMPLOYEES STATE INSURANCE CONTRIBUTION TO 4% FROM 6.5% BY CENTRAL GOVERNMENT

    The Central Government on Thursday, in exercise of the power conferred by Section 95 of the Act, made certain amendment to the Employees’ State Insurance (Central) Rules, 1950. The amendment cut the healthcare benefit under the Employees’ State Insurance Act to 4% from 6.5% and this was the first reduction in 22 years. According to Ministry of Labour and Employment, the health care benefit under the Act shall remain the same but the employee contribution reduced from 1.75% to 0.75%, while the employer contribution had reduced from 4.75% to 3.25%. The following reduction will be effective from July 1 and the amendment made...

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SHOPS AND ESTABLISHMENT TO REMAIN OPEN FOR 24*7 FOR NEXT 3 YEARS IN TAMIL NADU

  The State Government on Thursday issued an order permitting all the shops and establishments in Tamil Nadu to remain open 24x7, initially for a period of 3 years with certain conditions. In exercise of the power conferred under Section 6 of Tamil Nadu Shops and Establishments Act, 1947, the Government of Tamil Nadu in  public interest permits all shops and establishments employing 10 or more employees to remain open for 24x7 on all days of the year, for a period of three years from the date of publication of this notification. According to the Government Order, the employer shall not allow any...

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