Compliance Calendar for October, 2018
ESIC Update
- IP can avail super speciality benefits by serving only 6 months (contribution of minimum 78 days) as against 2 years earlier.
- Dependents of IP can avail super speciality benefits with insurable employment of 1 year (contribution of minimum 156 days).
- Increase in Funeral Expenses from existing Rs. 10,000/- to Rs. 15,000/- being paid to dependents on death of Insured Person.
- Reimbursement of Rs. 10/- per person to the employers to encourage seeding of Aadhar Card in ESIC Database of their workers and their family members. Find the attached file for your reference.
EPF account interest for FY 2017-18 still not credited: Here’s what we know so far
For some of the members of The Employees’ Provident Fund Organization (EPFO), there seems to be a delay in the credit of interest in their Employee’s Provident Fund (EPF) accounts.
As per The Employees’ Provident Fund Scheme, 1952 rules, “Interest shall be credited to the member’s account on monthly running balances basis with effect from the last day in each year”. Going by this, the interest for the FY should get credited by March 31 of each year. This time, there appears to be a longer than usual delay in this process and has become a topic of discussion on social media platforms.
Some employees had raised similar queries with regional offices of the EPFO and they replied “It is to inform that the compilation of annual accounts is being under process, however, as per manual accounting system of this office, it will be compiled on or before 30.09.2018.
Tamilnadu – Special Economic Zone for Electronics, Telecom Hardware at Sriperumbudur
Ministry of Commerce and Industry, (Department of Commerce) issued notification on the 5th September, 2018 regarding set up a sector specific Special Economic Zone for Electronics/Telecom Hardware and support services including trading and logistics activities at SIPCOT Industrial Area, Sriperumbudur in the State of Tamil Nadu.
Important Judgement
- Forfeiture of gratuity is not automatic on dismissal from service. Supreme Court 1051
- Deposit of misappropriated money would not exonerate delinquent from punishment. All. HC 1081
- Termination of a contractual employee is not to be construed as retrenchment. P&H HC 1077
- Labour Court will determine only validity of punishment when enquiry is fair and proper. P&H HC 1101
- Industrial dispute as raised is not to be adjudicated by the appropriate government. MP HC 1071
- Revision/fixation of pay-scales is highly technical and tedious. Supreme Court 1055
- Non-rebuttal of evidence by employer would justify regularization of contract workers. Supreme Court 1057
- Authority under the Minimum Wages Act would be a Civil Court. Ori. HC 1098
- Plea of engagement of worker through contractor from 1964 not tenable since Contract Labour (R&A) Act was enacted in 1970. Bom. HC 1084
- A 12-year belated industrial dispute would not be tenable. Jhar. HC 1079
- Reinstatement with 50% back wages is appropriate on illegal termination. Bom. HC 1084
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
- Only in-charge controlling the establishment would be liable for penalty for violating Act and the Scheme. Ker. HC 1124
- Damages for delayed deposit are not mechanical without considering its reason. Bom. HC 1121
- EPF Authority cannot file Letter Patent Appeal against an order in High Court. Pat. HC 1129
- Levy of damages/penalty not appropriate for delayed deposit of PF dues by a sick company. Bom. HC 1121
- Coverage of establishment with less than 20 employees is not legal. Ori. HC 1126
- EPF Authority liable to refund money with interest if recovered without deciding applicability of the Act. P&H HC 1135
- EPF authority is empowered to conduct enquiry by providing reasonable opportunity to the parties. Mad. HC 1146
- Only minor sons would get the EPF dues of a deceased member. Uttar. HC 1146
- EPF Act not applicable upon employees covered by General Provident Fund or any other equally beneficial Scheme. P&H HC 1135
Employers need to file, pay fee for registrations, licenses through Shram Suvidha Portal
The labour ministry said, it is mandatory for employers to file and pay fees for seeking registration and licenses under certain laws on Shram Suvidha Portal, a move to improve efficiency in public service delivery system.
Taking cognizance of the government’s focus towards “Digital India” initiative by ensuring that various government services are made available to citizens electronically and to provide trust-based efficient public service delivery by bringing transparency and accountability in the system, the Ministry of Labour and Employment has begun the process for providing the facilities of registration and licensing mandatorily online on the Shram Suvidha Portal, a ministry statement said.
Petitions challenging contract workers’ absorption dismissed
The Hyderabad High Court dismissed petitions challenging the regularization of outsourced workers in different transmission corporations of Telangana.
Citing different Supreme Court verdicts, the bench agreed with the contention of the counsel for transmission corporations, G. Vidya Sagar, that PIL is not maintainable in service matters. “The SC made it clear that except a Writ of Quo Warranto, no PIL is maintainable in service matters,” the verdict said. However, the second Writ petition was not a PIL and was filed by unemployed youngsters who contended that an opportunity to seek jobs in these corporations should be thrown open to them. Hence, the petition cannot be struck down on the ground of maintainability, the judges observed.