COMPLIANCE CALENDAR FOR OCTOBER, 2019
Professional Tax - States - Remittances
Employees’ State Insurance Corporation increased the average daily wages limit under exempted employees
Vide notification no GSR. 638(E)
As per the notification, Employees’ State Insurance Corporation has increased the limit of average daily wages to Rs. 176 from Rs. 137 under an exemption from payment of employee’s contribution.
The Central Minimum Wages Notification
Vide notification No.1/36(1)/20lg-LS-II,
The minimum wages notification for central effective from 1st October, 2019.
EPFO Instruction to Field Offces on Inspection of Employers Establishment
Vide circular No No.C-I/1(33)2019/Vivekanand Vidyamandir/717
EPFO has instructed the field offices that inspection in respect of wage structure, splitting of wage shall be carried out only after taking permission from CAIU after following the administrative guidelines and policy.
Pandit Deendayal Upadhyaya National Academy of Social Security (PDNASS) Seminar
PDNASS conducting a seminar on International Workers for Representatives of Establishments covered under EPF & MP Act to be held on 22nd November 2019.
Rate of Interest for EPF Members 2018-2019
The government has approved 8.65% interest rate on employees' provident fund (EPF) for the accounting year 2018-19.
Implementation of ESI Act in Darjeeling
No-S-38013/05/2018-SS.I
As per the notification dated 29/08/2019, the Ministry of Labour & Employment has made certain provisions of ESI act applicable to Darjeeling District, West Bengal.
The Haryana Minimum Wages Notification
Vide Notification no.I.R-02/2019/28489-590
As per notification, Government of Haryana released Minimum Wages effective from 1st July 2019
The Uttar Pradesh Minimum Wages Notification
No.1645-1745 PRAVARTAN-(MW)/15
As per the notification, Government of Uttar Pradesh has released Minimum Wages effective from 1st October 2019 to 31st March 2020
Code on Social Security, 2019
The Ministry of Labour and Employment, Government of India has circulated a preliminary draft of the Code on Social Security, 2019.
Maharashtra Government Declares Holiday on 21st October 2019
Maharashtra government declared election holiday on 21st October 2019 for all establishments located in Maharashtra.
The Tripura Ease of Compliance to Maintain Registers Under Various Labour Laws Rules, 2019
Vide notification no No.F.21 (98)-LAB/ENF/Labour Laws/2017/7062
The State Government of Tripura on September 13, 2019, has published the Tripura Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2019, to further amend the Tripura Building and Other Construction Workers Rules,2001.
The Telangana Minimum Wages Notification (Oct 2019)
As per press note released, Commissioner of Labour Telangana, Hyderabad and the Competent authority under the Minimum Wages Act, 1948 has declared the CPI points for calculation of variable dearness allowance for the state of Telangana with effect from 1st October 2019
Important Judgments – October 2019
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High Court imposed hefty cost of Rs.50,000 on woman for false complaint of sexual harassment. Del. HC 947
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Dismissal is justified due to long unauthorized absence. P&H HC 984
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Maternity Benefit Act applies to contractual employees also. Bom. HC 1003
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Termination of contractual employee for short period not illegal. Supreme Court 945
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Murder of an employee due to personal animosity is not an accident for claiming compensation. Karn. HC 971
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Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice. Cal. HC 990
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Termination of even a temporary employee for misconduct without enquiry is not valid. Supreme Court 945
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Inquiry by ICC is vitiated if report not provided to the perpetrator. All. HC 965
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Auto Industry can’t be declared public utility service under Industrial Disputes Act. Mad. HC 963
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
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Workers stitching garments from home are covered under the EPF Act. Supreme Court 1019
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Any relief granted by the Court may be withdrawn if the condition is not fulfilled. Karn. HC 1055
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Depositing of misappropriated money is no ground for quashing of FIR. P&H HC 1060
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EPF Tribunal is empowered to reduce or waive damages for delayed payment of dues. Del. HC 1034, 1035
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Employees’ Pension Scheme, 1995 reflects the formula for calculation of past service. Raj. HC 1051
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EPF Authority has legal obligation to consider the objections raised by the employer. Karn. HC 1056
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Calcutta High Court has the jurisdiction for writ petition against the order of the EPF Appellate Tribunal, New Delhi. Supreme Court 1058
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Late deposit of EPF contributions is also a criminal offence. P&H HC 1060
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Remittance of EPF dues in instalments as an exceptional case due to financial difficulties is proper. Mad. HC 1056
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Higher pension also available to employees working in exempted trusts of establishments. Del. HC 1024
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Instalments can be allowed for determined amount for financial crises faced by employer. Ker. HC 1036
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Work at home staffs also get provident fund. Supreme Court 1019
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Failure to pay instalments would justify recovery of whole amount besides legal action. Pat. HC 1043
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When transferee employer is paying EPF contributions, transferor cannot be liable for default. Raj. HC 1048
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Pre-deposit can be reduced to 25% in view of financial difficulty of appellant employer. Mad. HC 1037
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Delay for filing appeal can be condoned up to 60 days on sufficient cause. Cal. HC 1042