Compliance Calendar - November - 2023

 

National & Festival Holidays - Kerala - 2024

 

Madhya Pradesh - Minimum Wages

 

Telengana latest Minimum Wages - 30.09.2023

 

Compliance calendar - October 2023

 

Bihar - National & Festival Holidays - 2024

 

“ New Verdict on Maternity Benefits ” by Supreme Court of India

 

Can't Deny A Citizen's Statutory Rights For Not Having Aadhar Card: Telangana High Court Reiterates

 

State-wise list of 643 (Fully-535 & Partially-108) notified districts and 135 non-notified districts under ESI Scheme (As on 24.08.2023)

 

Member profile updating for processing the Joint Declarations

 

Pan India Compliance Calendar - September - 2023

The Factories (Karnataka Amendment) Act, 2023

Standard Operating Procedure (SOP) for Inspection of Establishments

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West Bengal - Minimum Wages

Compliance calendar - August 2023

Minimum Wages - Himachal Pradesh

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Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 (Karnataka Act 35 of 1976), the Government of Karnataka hereby exempts with effect from the date of publication in the Gazette

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Industrial accidents - Non-compliance of provisions under the Factories act and rules with respect to "work in confined space- Andhra Pradesh

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MINIMUM WAGES - Mizoram & Tripura

Pre Closure of Attendance by Employers - Impact on Statutory Compliance

Dear Patrons, 

Greetings from Connect One Dynamic Synergies Private Limited.

 We hereby share if we Pre Closure of Attendance by Employers what would be the impact on Statutory Compliance  Many Private Establishments in India resort to pre-closure of their employee’s attendance cycle, to ease their regular monthly salary process. 

 Under this practice, if employee’s attendance cycle is decided from the 20th day of the previous calendar month to the 19th day of the current calendar month, employees joining an organization after the 19th day of the current month, would get paid during the current month itself by processing supplementary payroll which is in line with the statutory compliance. 

 If they are paid only in the subsequent month, it shall be considered as a violation of Sec 5 of the Payment of Wages Act, 1936.

  While all eligible employees are statutorily to be extended with social security coverage under the Employees Provident Fund & Miscellaneous Provisions Act, 1952 and Employees State Insurance Act, 1948, they ought to be registered with the respective department from their original date of joining and generate UNIVERSAL ACCOUNT NUMBER (UAN) under EPFO and INSURED PERSON NUMBER (IP No) under ESIC.

  But, in case if these employee’s wages were not processed during the current calendar month despite having been employed, there could be a mismatch between the MUSTER ROLL and WAGE REGISTER which shall be considered as STATUTORY NON COMPLIANCE. 

 Additionally, no contribution (Both Employer and Employee share) could be deposited in respect of such registered employees either under EPF & MP Act, 1952 or under ESI Act, 1948 or under both these Acts as their salary for the current month was not processed during the current calendar month itself which shall also be considered as NON COMPLIANCE. 

 Hence, under both these Act, the employer shall be statutorily liable for the consequences.

  While Sec 5 of Payment of Wages Act, 1936 mandates payment of wages to employees either within the 7th day of the succeeding month in case of establishments with less than 1000 employees or within the 10th day of the succeeding month in case of establishments with more than 1000 employees. 

 It is suggested that, supplementary payroll to be processed during the current calendar month itself in respect of such employees and remain statutorily complied under all applicable labour legislations of the country.

  Further, both the social security legislations EPF & ESI also mandates appropriate compliance and remittance of contribution monthly (calendar month), effective from the original date of joining of an employee in an establishment. With the aforesaid suggestion, this mandate also could be met in fulfilling statutory obligations by an employer.

Every Female and Male Employee whether appointed on regular basis, contractual basis, ad hoc basis, have Fundamental Right to Maternity and Paternity Leave: Himachal Pradesh HC...

Haryana Labour Welfare Board, the maximum employee contribution towards LWF

Compliance Calendar - July 2023

To Extend The Last Date Of Filing Of Return In Form-Lll Under Section 6 Of The West Bengal State Tax On Professions, Trades, Callings And Employments Act, 1979

Kerala Minimum Wages rules

Compliance calendar - June 2023

EPF- Higher Pension

Employees’ Provident Fund Organisation (EPFO) members are entitled to a pension after retirement. Currently, the employees and employers contribute 12% of their basic salary and dearness allowance to the EPF. Of the employer’s 12% contribution, 8.33% goes to the Employees’ Pension Scheme (EPS) and 3.67% to the EPF. However, the 8.33% EPS contribution is capped at the maximum amount of Rs.15,000 even when the employee draws a higher salary. The cap on the EPS contribution was introduced in 2014 through an amendment to the EPS. Before the EPS amendment in 2014, employees had the option to choose higher EPS contribution amounts. This article covers the EPFO circular on higher pensions and its claim process.

Grant of Exemption to remain open 365 days to S & E in Tamil Nadu

We are pleased to inform that the Tamil Nadu Government has promulgated to grant exemption to remain open 365 days to Shops & Establishments in Tamil Nadu, for a further period of three years from 23rd March 2023, subject to certain conditions. Enclosed, please find the GO for your kind perusal and this may please be updated in your statutory records.

Mandating Online Submission Of Application For Registration Under Various Act & National & Festival Holidays

We wish to inform that the Puducherry Government has published the following. This will come into force with immediate effect. Mandating Online submission of application for Registration / Amendment of establishments under Contract Labour (R&A) Act, 1970 (Principal Employer Registration) and Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service Act, 1979 - The services shall be availed though online mode only to eliminate the need to submit the applications physically, payment of fees for the services and track their status in each stage. Mandating submission of National and Festival Holidays in Form V by Factories under the Puducherry Industrial Establishments (National & Festival Holidays) 1964 through online mode - The services shall be availed though online mode only to eliminate the need to submit the applications physically, payment of fees for the services and track their status in each stage. Enclosed, please find the aforesaid notifications for your kind perusal, this may please be updated in your statutory records.

Deleting & Re- submitting Application for validation of option/ Joint Option under EPF Act & EPF extends the date

Haryana Minimum Wages - 2023

Compliance calendar- May 2023

Amendment under various laws in Maharastra

The Maharashtra Government has promulgated the GO and amend the penal provisions under the following acts, which are self- explanatory.

• The Maharashtra Industrial Relations Act 

• The Maharashtra Labour Welfare fund Act 

• The Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969 

• The Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981

• The Maharashtra Workmen’s Minimum House-rent Allowance Act, 1983. Enclosed, please find the GO for your kind perusal and this may be noted in your records, particularly the amended penal provisions under The Maharashtra Labour Welfare fund Act

Minimum Wages in Delhi 2023 - 24

Latest Bihar Minimum Wages - (1/4/2023) - (30/9/2023)

Minimum Wages - Punjab

Maharastra State Tax on Professions trades calling and employments

Jharkhand - Minimum Wage Rules

Orissa Minimum wage rules

Minimum Wages - Andhra Pradesh

Minimum Wages - Madhya Pradesh

Statutory Compliance calendar - April 23

If the contract is a sham or not genuine the workmen of contractor can claim to be employees of Principal Employer - Karnataka High Court

Dear Patrons, Greetings from Connect One Dynamic Synergies Private Limited.Many organizations employ contract employees in the form of housekeeping staff, security guards, cafeteria personnel, etc. Such organizations - as principal employers - need to ensure statutory compliance on a number of fronts. A quick read about your responsibilities, and a judgement to boot! The law of the land necessitates that compliance regarding the wages and benefits of all employees deployed on your premises - whether direct or indirect - be maintained at all times. The responsibility for compliance of all such direct employees and contract or indirect employees falls on you - the principal employer. • The Hon’ble High Court of Karnataka Bengaluru in its order dated 23.02.2023 in Writ Petition No. 3788 of 2012 (L-RES) between Mysore Electricals Industries Ltd (Government of Karnataka undertaking) and Engineering and General Workers Union before the Hon’ble Mr. Justice Suraj Govindaraj has ordered for treating the employees of the contractor as the employees of the principal employer. • Further directed that the principal employer shall regularize their services subject to availability of the vacancies and in the event, there being no vacancy as and when vacancies arise. • The principal employer shall give preference to the contract labourers, if they are found suitable by relaxing the condition as to the maximum age, as also academic qualification. • Enclosed, please find the judgement pronounced by the Hon’ble High Court of Karnataka Bengaluru, for your kind perusal.

MINIMUM WAGES - Tamil Nadu, Karnataka, Chhattisgarh

Statutory Updates

Gujarat - Minimum Wages

Karnataka Tax on Profession, Trades, Callings and Employments {Amendment} Act, 2023

 Dear Patrons,

 

Greetings from Connect One Dynamic Synergies Private Limited.

 

We wish to inform that the Karnataka Government has promulgated the following changes in the remittance of Professional Tax under the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976.

 

Karnataka Tax on Profession, Trades, Callings and Employments {Amendment) Act, 2023

 

Effective 1st April 2023 .... Wage month

 

·       Are you working in the State of Karnataka?

·       Is your monthly gross wages being less than or equal to Rs.24,999/- 

·       You will save Rs.200/ month (Rs. 2400 per annum)..... 

·       NO Profession TAX is required for those persons whose monthly Gross wages are less than or equal to Rs.24, 999/-

·       Do not deduct from  April 2023 wages........

·       Big Relief to many Middle-Class Workmen.......

·       Current threshold limit is up to Rs.14,999/- - no PT... Amendment Gazette notified on 14th March 2023.... Other changes I reliefs in the amendment

New Announcement from EPFO