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ADP India Labour Laws to be Reviewed Sep 2014 .pdf



Original filename: ADP India - Labour Laws to be Reviewed-Sep-2014.pdf
Title: 2041 - Strictly Statutes Newsletter
Author: RADO

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SEP

2014

PAGES

Hello Readers,

Compliance Calendar for Sep 2014

The Compliance Calendar for September includes
remittances for PF, ESI and Labour Welfare

Important Judgments

In Important judgements, the Honourable Gujarat
High court has held that Contractors can seek
voluntary coverage when not coverable under PF
Act. The Honourable Himachal Pradesh High Court
has held that any Director of a company, not
responsible for its affairs can't be prosecuted under
Minimum wages Act. The Honourable Jharkhand
High Court has pronounced that merely working for
240 days cannot be the sole ground for
regularization.

02

Contractors can seek voluntary coverage
when not coverable under pf act

03

Any director of a company, not
responsible for its affairs can't be
prosecuted under minimum wages act.

03

Merely working for 240 days cannot be
the sole ground for regularization.

04

News to note

In News to Note, the Labour ministry has approved a
new scheme for inspection

Labour laws to be reviewed

05

The country's Labour Laws are to be reviewed; the
Minimum Wages Act is to be amended with plans to
set a national floor for minimum wages for workers
across professions. The Centre is to amend labour
laws - said the labour and employment minister to
parliament on 16th July, 2014. Apprenticeship:
Plans are to bring BA, B.Com, and BSc graduates
under the act to enhance their skills and
employability to open more avenues for youth.
Haryana is likely to amend Labour Laws in
Rajasthan's footsteps to the Industrial Disputes Act
and the Factories Act

Minimum wages act to be amended

05

Centre to amend labour laws

05

Apprenticeship: opens more avenues
for youth

05

Haryana also to amend labour laws in
rajasthan's footsteps

05

We hope you find the contents of this newsletter
relevant and useful. We welcome your suggestions
and inputs for enriching the content of this
newsletter. Please write to contactadp@adp.com

PAGE 02

Compliance Calendar for the month of Sep 2014
Due Date

Due Under

Activity

Mode

Professional Tax Status Remittances
10th Sep 14

Andhra Pradesh & Madhya Pradesh

State Wise regulations

By Challan

15th Sep 14

Gujarat

Gujarat PT regulations

By Challan

15th Sep14

Tamil Nadu

Tamil Nadu PT regulations

By Challan

20th Sep14

Karnataka

Karnataka PT regulations

By Challan

21st Sep14

West bengal

West bengal
PT regulations

By Challan

30th Sep14

Maharashtra, Assam & Orissa

State Wise regulations

By Challan

30th Sep14

Karnataka

Karnataka PT regulations

Online

30th Sep14

Pudhucheri

Pudhucheri PT regulations

By Challan

Labour Welfare Fund Remittances
20th Sep 14

Kerala

Kerala
State Labour Welfare Fund

By Challan

PF Central
15th Sep 14

Remittance of Contribution

EPF & MP Act 1952

By Challan

15th Sep 14

International worker with
wages and nationality

EPF & MP Act 1952

Statement in IW 1

ESI Central
21st Sep 14

Remittance of Contribution
(Main code and Sub Codes)

ESIC Act 1948

By Challan

Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
20th Sep 14

Occupation

Return Form

ER 2

PAGE 03

CONTRACTORS CAN SEEK VOLUNTARY COVERAGE WHEN NOT COVERABLE UNDER PF ACT.
In a case of M/s. K.M. Sarmah Electricals and Others vs. Indian oil Corporation and others, the
honourable Gujarat High Court through the verdict by honourable justices Mr. Harishikesh Roy
pronounced that
¡The Employees of contractors can be assured of the benefits of the employees' provident funds and

Miscellaneous provisions Act, 1952 if the contractors are interested to work for Indian oil corporation, they
may apply for allotment of PF code number by invoking section 1(4) of the Act is a beneficial piece of
legislation and its benefits should reach all employees.
¡The main object of the employees' provident funds and miscellaneous provisions act, 1952, is to encourage

the habit of regular saving by the employees.
¡The principal employer may recover the employee's contribution from the contractor under section 8A of the

employees' provident funds and miscellaneous provisions Act,1952.
¡When there is no employee employed by the contractor, he can submit nil return to the EPF authority.

ANY DIRECTOR OF A COMPANY, NOT RESPONSIBLE FOR ITS AFFAIRS
CAN'T BE PROSECUTED UNDER MINIMUM WAGES ACT.
In an extraordinary case Deputy Manager, M/s. Bharat Heavy Electrical
Ltd vs. State of H.P. and Another, the honourable Himachal Pradesh
High Court through honourable justice Mr. Rajiv Sharma pronounced
that the
¡A criminal, complaint, filed before the chief judicial magistrate, under the

provisions of the minimum wages Act, 1948, against any of the Directors,
managers or secretaries or such other official of the company, without
arraigning the company is not maintainable as per requirement of section
22C of the Act.
¡A criminal complaint, filed before the judicial magistrate, under the

provisions of the minimum wages Act, 1948, against any of the directors,
managers or secretaries or such other official of the company, is not
maintainable if the accused is not in-charge, responsible to the company for
its business.
¡A director of the company cannot be prosecuted, on account of his being

director, if he is not in charge or responsible to the company for its daytoday affairs.
¡A person even not holding any office or designation in a company may be

liable to be prosecuted if he satisfies the main requirement of being incharge of and responsible of conduct of business of the company at the
relevant time.

PAGE 04

MERELY WORKING FOR 240 DAYS CANNOT BE THE SOLE GROUND FOR REGULARIZATION.
In a case of their Workmen, Bihar Colliery Kamgar union vs. Bharat coking coal ltd. & Another, the
honourable Jharkhand High Court through its bench comprising honourable justices
Mr.R.Banumathi and Mr.Shree Chandrashekhar pronounced that
¡Adverse inference against the management for non-production of attendance register is not justified in the

absence of any legal order passed by the industrial tribunal in this respect.
¡Without there being employee employer relationship, demand of regularization by the workmen is not

justified.erely working of 240 days" in a calendar years cannot be the sole ground for regularization.
¡Non-compliance of the provisions of contract labour (Regulation and Abolition) Act, 1970 would not result in

regularization, rather it would result in prosecution under section 23/24 of the Act.
¡Wages /salary payment, control and supervision are the main deciding tests if the workmen are of

contractor's employees or of principal employer's employees.
¡Mere control and supervision of the contractor's employees by the principal employer will not make them

employees of the principal employer because when the contract is for supply of labour will, work under the
control and supervision of the principal employer.
¡If right to regulate the employment and ultimate control lies with the contractor, the contract labour cannot

claim to be employed by the principal employer
¡In the absence of any legal order, passed by the labour court/industrial tribunal for production of attendance

record by the management, drawing adverse inference by the tribunal for non-production of attendance
register by the management, is erroneous.

LABOUR MINISTRY OKAYS NEW SCHEME FOR INSPECTION
¡The union labour ministry has approved a more liberal

inspection scheme aimed at simplifying business regulation
and bringing "transparency and accountability" in the system.
¡For this purpose, a central Analysis and Intelligence Unit

(CAIU) will be set up to analyze and collect field data "for a
transparent and accountable labour inspection system".
¡The scheme will be brought into effect from October 1 for the

employees' provident fund organization (EPFO), and
employees' state insurance corporation (ESIC), inspection
under the ambit of the chief labour commissioner (CLC) and
the directorate general of mines safety (DGMS).

PAGE 05

LABOUR LAWS TO BE REVIEWED
Existing labour laws need to be amended and the government is actively considering it, labour and employment
minister informed parliament on 16.7.2014. Minister of state for labour and employment Vishnu deo Sai told Rajya
Sabha that the amendments in host of labour Laws, including minimum wages Act 1948, labour laws 1988,
factories act 1948 and Child labour act 1986 are under active consideration of the government. Industry
representatives have been long demanding chances in labour laws which they have often termed "archaic" and a
hindrance in raising and expanding their facilities.

MINIMUM WAGES ACT TO BE AMENDED
As part of the amendments, the labour ministry plans to set a national floor for minimum
wages for workers across professions. The minimum wages would be revised every five
years by the center in accordance with the NSSO's consumer expenditure survey and it
would also revised every six months according to the consumer price index by states.
The proposed changes, which are a part of the minimum wages (Amendment) Bill, 2013
has now been put out for public comments by the labour ministry. "All comments should
be submitted by June 30". Said the labour ministry.
The planned changes also provide for enhance penalties and imprisonment for
defaulters as well as higher compensation to workers.

CENTRE TO AMEND LABOUR LAWS
The latest move by the new government is to push through key labour reforms that have dented Indian's
attractiveness as an investment destination and also impacted the domestic manufacturing sector. Over the last
one week the labour ministry has begun reviewing pending legislations including amendments to the factories Act,
Industrial Disputes Act, Child Labour Act and Minimum Wages Act.

APPRENTICESHIP: OPENS MORE AVENUES FOR YOUTH
Finance Ministry Arun Jaitley, in his Budget speech, said the apprenticeship act, 1961, will be amended to make it
more responsive to industry and youth.
The HR industry has been seeking such an amended for a long time bring in a lot more people on board for
apprenticeship.
In a list of 17 suggestion, the IMG recommended to bring BA, B.Com, and BSc graduates under the act to enhance
their skills and employability. At present, apprenticeship training is restricted to four categories of apprentices- trade
apprentices (ITI pass outs, 8th 10th & 12th pass outs), graduates apprentices (graduates engineer), technician
apprentices (diploma holder) and technician vocational apprentices (10+2 vocational subjects).

HARYANA ALSO TO AMEND LABOUR LAWS IN RAJASTHAN'S FOOTSTEPS
Following in the foot-steps of the Rajasthan government, Haryana is set to change certain labour laws
The Haryana government is mulling changes to the industrial disputes act, the factories act and the Rajasthan
government, which recently decided to replace these acts, said YS Malik, additional chief secretary, Haryana.
The state government has hired Wipro to make industrial taxation go online "to reduce paperwork and restore
transparency in tax administration", he said during an interaction between the PHD chamber of Commerce and
industry and Haryana officials.
Malik said the proposed changes will be sent to the center for its consideration. The Vasundhara Raje-led
Rajasthan government had filed its proposed changes to the union labour ministry on July 03.

PAGE 06

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Chennai - 600 032.
Phone: 1-800-4190-237
Email: contactadp@adp.com


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