TalEzine May '19

Compliance Calendar for May, 2019

Professional Tax - States - Remittances

Due Date States Existing Rules Mode
10th May '19 Andhra Pradesh, Telangana State-wise regulations Online
10th May '19 Madhya Pradesh State-wise regulations By Challan
15th May '19 Gujarat Gujarat PT regulations By Challan
20th May '19 Karnataka Karnataka PT regulations By Challan & online
21st May '19 West Bengal West Bengal PT regulations Online
28th May '19 Assam & Odisha State-wise regulations Online
28th May '19 Maharashtra Maharashtra PT regulations Online
PF Central
15th May '19 Remittance of Contribution Epf & MP Act, 1952 Online
ESI Central
15th May '19 Remittance of Contribution (Main code and Sub codes) ESIC Act, 1948 Online
TDS
30th May '19 TDS Payment Income Tax Act, 1961 Online
Worker Welfare Fund Remittances
05th May '19 Kerala (Worker Welfare Fund Act) Kerala State Worker Welfare Fund By Challan

How to e-Nominate under PF - Mandatory after Digitization of EPFO

EPF is mandatory contributions from every employee towards his/her retirement saving. Employees' Provident Fund Organisation (EPFO) allows subscribers to submit their Provident Fund (PF) account's nomination details online via its official portal.

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Guidelines towards Issuance of Health Passbooks to Beneficiaries

Notification no F.No.Z-11/12/8/2018-PR
ESIC launching "Health Passbook" for ESI Beneficiary for their use during their visit to ESIC/ESIS Hospitals/MEUD/Modified IMP clinic/Dispensary etc. has released new guidelines towards the issuance of the Health Passbook to the beneficiaries.

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Single Integrated Return System Introduced in Labour Department Rajastan

Vide circular no F-1(8)(1)EoDB/IR/Labour/2016/9484
Filing of separate individual returns under different laws & acts is quite difficult. Government of Rajasthan has introduced a “Single Integrated Returns” facility in the labour department management system (LDMS). It allows users to file a return under different act/laws using a single form.

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Auto Renewal of Registration under the Kerala Shops and Commercial Establishment Act, 1960

Vide notification no G.O (Ms) No.17/2019/LBR
Under The Kerala Shops and Establishment Act 1960, The Government of Kerala has eliminated the existing system of renewal of registration. The registration of establishment under this Act shall be auto-renewed after submission of self-certification and payment of fee online through the departmental portal.

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Additional Amendment To Andhra Pradesh (Issuance Of Integrated Registration And Furnishing Of Combined Returns Under Various Labour Laws By Certain Establishments) Act,2015

Vide notification no G.O.MS.No. 14
Government of Andhra Pradesh has amended the First and Second Schedules provided under the Andhra Pradesh (Issuance of Integrated Registration and furnishing of Combined Returns under various Labour Laws by certain Establishments) Act, 2015 and thereby removing of The Boilers Act,1923 from the provisions of the Act

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Consumer Price Index (CPI) Numbers for Industrial Workers 2001=100

Central Advisory Board for Minimum Wages Notification

The central advisory board has been set up by the central government under the Minimum wages act is to advise the government in the matters of the fixation and revision of minimum rates of wages.

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The Kerala Minimum Wages Notification

Consumer Price Index (CPI) Numbers for Agricultural Labourers and Industrial Workers for February 2019

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The Andhra Pradesh Minimum Wages Notification (Apr 2019)

Notification No.J1/2391813/2019
CPI points for minimum wage variable dearness allowance calculation have been released for the State of Andhra Pradesh with effect from 1st April 2019

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The Gujarat Minimum Wages Notification (Apr 2019)

Government of Gujarat has released the revised Minimum Wages dearness allowance for the State of Gujarat effective 1st April 2019

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The Telangana Minimum Wages Notification (Apr 2019)

As per the industrial dispute act, Central Government declares the services of the industry engaged in the copper mining industry to be a public utility service for the said Act for six months with effect from the date of publication of this notification.

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Industrial Disputes – Central Government Act

As per the industrial dispute act, Central Government declares the services of the industry engaged in the manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like to be a public utility service for the purposes of the said Act for six months with effect from the 1st day of March, 2019.

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Industrial Disputes – Central Government Act

As per the industrial dispute act, Central Government declares the services of the industry engaged in the manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like to be a public utility service for the purposes of the said Act for six months with effect from the 1st day of March, 2019.

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Important Judgement – May 2019

  • Courts don’t interfere in the transfer of employees unless mala fide. MP HC 489

  • Termination of an employee merely for involvement in a criminal case not justifiable. 473

  • Acceptance of resignation with immediate effect valid on the written request of an employee. P&H HC 512

  • Factors for determination of relationship employer and employee clarified by the Supreme Court. Supreme Court 515

  • Dismissal, not the termination may have severe implications including denial of gratuity and debarring future employment. Bom. HC 487

  • The initial burden is on the employer as to whether an employee is a ‘workman’ or not. Karn. HC 498

  • Findings of Labour Court on punishment as shockingly disproportionate not to be interfered by the High Court. All. HC 522

  • Transfer of a transferable employee, not punishment. MP HC 489

  • Employees appointed by contractor receiving wages from him cannot claim to be the worker of the principal employer. Supreme Court 515

  • Claim for minimum wages tenable by the authority under the Act and not High Court. HP HC 496

EMPLOYEES’ PROVIDENT FUNDS & MP ACT

  • Supreme Court clears the path for the pension to rise manifold for employees in all firms. Ker. HC 558

  • There is no limit for upper age for coverage of an employee under the Act. Supreme Court 539

  • Capping of salary at Rs. 15,000 for quantifying pension is unrealistic. Ker. HC 558

  • Only after the withdrawal of PF dues on retirement a member becomes an excluded employee. Supreme Court 539

  • An employer has a right to cross-examine department witness while inspected the establishment. Mad. HC 586

  • Legal heirs are liable to pay outstanding EPF dues of defaulting employer. Jhar. HC 582

  • Provident Fund Act safeguards the future and financial security of workers. Supreme Court 539

  • Supreme Court rejects EPFO plea against Kerala High Court verdict for a higher pension. Ker. HC 558

  • EPF dues recoverable from the date when the Act became applicable. P&H HC 572

  • For quantification of pension 12 months instead of 60-month pay would be relevant. Ker. HC 558

Minimum Wages Notifications

State Class ZONE I (INR) ZONE II (INR) ZONE III (INR) ZONE IV (INR) With Effect From
Andhra Pradesh Highly Skilled 10555.40 10355.40     01-Apr-19
Skilled 9720.40 9300.40     01-Apr-19
Semi-Skilled 9100.40 8884.40     01-Apr-19
Unskilled 8698.40 8368.40     01-Apr-19
Telangana Highly Skilled 10971.40 10771.40     01-Apr-19
Skilled 10136.40 9716.40     01-Apr-19
Semi-Skilled 9516.40 9300.40     01-Apr-19
Unskilled 9114.40 8784.40     01-Apr-19
Gujarat Skilled 8655.40 8421.40     01-Apr-19
Semi-Skilled 8421.40 8213.40     01-Apr-19
Unskilled 8213.40 8005.40     01-Apr-19
Uttrakhand Highly Skilled 11948.00       01-Feb-19
Skilled 11528.00       01-Feb-19
Semi-Skilled 11318.00       01-Feb-19
Unskilled 11108.00       01-Feb-19