Payroll And Compliance February 19 Newsletter

COMPLIANCE CALENDAR FOR FEBRUARY, 2019

Professional Tax - States - Remittances

The License under West Bengal Shops and Establishment Act, 1963 is Deemed to be Renewed After Expiry of License Period

The Governor of West Bengal vide gazette notification No.: Labr/175/IT&EoDB has reduced the regulatory burden on users by bringing the flexible process of automatic renewal of licenses after the expiry of the license period under West Bengal Shops and Establishments Act,1963. For such purpose, fees for renewal of the license under Shops and Establishment will be provided.

West Bengal Shops and Establishments Permitted to Remain Open 7 Days in a Week

The Government of West Bengal in exercise of the power conferred by Section 4(2) of West Bengal Shops and Establishments Act 1963, has granted an exemption to all classes of shops and establishments in the whole of West Bengal from operations of provisions of Section 5(1)(a). Under this notification, the government has allowed the shops and establishment situated within the state of West Bengal to stay open for all seven days a week in public interest without affecting the rights and interests of the workers’ subject to certain conditions as mentioned in the notification.

Notification of Combined Register and Annual Returns Under Various Labour Laws in Madhya Pradesh

As per Notification No:- 1/19/3/2016/1673-86 the Government of Madhya Pradesh as per Section 17 of Madhya Pradesh Labour Laws (Amendment) and Miscellaneous Provision Act,2015, has notified the Combined Register and Annual return to be maintained under for the various laws as mentioned below:

  • The Contract Labour (Regulation and Abolition) Act, 1970

  • The Equal Remuneration Act, 1976

  • The Factories Act, 1948,

  • The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

  • The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988,

  • The Maternity Benefit Act, 1961

  • The Minimum Wages Act, 1948

  • Motor Transport Workers Act,1961

  • Payment of Gratuity Act,1972

  • The Payment of Wages Act, 1936

  • The Payment of Bonus Act, 1965

  • The Sales Promotion Employees (Conditions Of Service) Act, 1976

  • The Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982

  • The Madhya Pradesh Shops and Establishments Act, 1958

The Government with reference towards the notification has also allowed the register and returns as mentioned above to be maintained in computerized and digital formats

Shop & Establishment Notification Haryana

No: 11/23/2018-4 Lab in exercise of the power conferred by section 28 of the Punjab shops & Commercial Establishments Act, 1958, the governor of Haryana is pleased to exempt all the Commercial Establishments and coverage within the meaning of 2 clause (iv) and clause (Viii) respectively of sub-section (1) of section 2 of the Punjab Shops & Commercial Establishment Act, 1958, from the operation of the provisions of clause (ii) od subsection 2 of section 13 of the said Act regarding requirement of periodic renewal of registration certificates of such commercial establishments and establishments issued under clause (i) of subsection 2 of the section 13 of the said Act, with immediate effect.

MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION

Payment of Wages (Air Transport) Amendment Rules 2019

The Central Government hereby makes the following rules further to amend the Payment of Wages (Air Transport Services) Rules, 1968, namely:

1)

  • These rules may be called the Payment of Wages (Air Transport Services) Amendment Rules, 2019.

  • They shall come into force on the date of their publication in the Official Gazette.

 

2) In the Payment of Wages (Air Transport Services) Rules, 1968, for rule 16, the following rule shall be substituted, namely:

‘16. Annual return. - Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form VIII on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during an inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Industrial Disputes (Central) Amendment Rules, 2019

The Central Government hereby makes the following rules further to amend the Industrial Disputes (Central) Rules,1957, namely:

1)

  • These rules may be called the Industrial Disputes (Central) Amendment Rules,2019.

  • They shall come into force on the date of their publication in the Official Gazette.

 

2) In the Industrial Dispute (Central) Rules, 1957, for rule 56A, the following rule shall be substituted, namely:

‘56A. Annual return. — Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form G1 on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during an inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Important Judgments – February 2019

  • Interest on delayed deposit of ESI contributions can’t be waived by any authority or the court. Karn. HC 149

  • Occurring of an accident when proved, compensation would be payable. Supreme Court 122

  • Bonus can’t be claimed in writ petition in view of the prescribed forum under the Bonus Act.HP HC 161

Employees’ Provident Funds & MP Act.

  • Determination of money payable against an employer can be only u/s 7A of the Act. P&H HC 188

  • 25 per cent of the total material cost will be treated as labour expenditure for attracting EPF contributions. Ker. HC 218

  • Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative account. Mad. HC 190

  • Stipend to the trainees would not attract EPF contributions. Ker. HC 193

  • No leniency can be shown by High Court to defaulting contractor for depositing EPF dues. Karn. HC 209

  • No demand for EPF contributions for disputed allowances till final decision of the Supreme Court. Mad. HC 203

Minimum Wages (Central) Advisory Board