Exclusion portion of salary cannot go beyond 50% – Let’s Talk Compliance

One significant change that is done under the proposed labour codes is on the definition of the term ‘wages’. Currently, various legislations follow various definitions. But the term is supposed to have a uniform definition under the codes, ideally making the determination of wages easy for employers. The quantum would be the same for various purposes, say, […]

Minimum Wages Applies to All Industries – Code on Wages – Lets Talk Compliance

“The Code on Wages, when getting implemented, is likely to bring in some significant changes in regards to minimum wages. Currently, the Minimum Wages Act will apply only to those industries which are listed in the Schedule attached to the Act. There is no obligation too on the employers to pay the National Floor Level […]

How important is to comply with Environment Health and Safety regulations

How important is to comply with Environment Health and Safety regulations Economic progress, growth of Industry are parallel for nation’s development. Enhancement of advanced technologies and implementation in the industrial expansion obligates the government to be accountable to enact regulations on Environment Health and safety to fix industrial pollution standards, with objective to protect air, […]

The Code On Wages, 2019 – Highlights

THE CODE ON WAGES, 2019 HIGHLIGHTS OF THE CHANGES MADE MINIMUM WAGES     HRA – No more part of minimum wages     Geographical Areas classified as metropolitan, non metropolitan and rural areas (Rule 4)     The employees employed in supervisory or Managerial position are also eligible for Minimum Wages      Statutory […]

Highlights – The Industrial Relations Code, 2020

THE INDUSTRIAL RELATIONS CODE, 2020 HIGHLIGHTS OF THE CHANGES MADE   INDUSTRIAL  DISPUTES 1    The definition  of the  term  “industry    is modified  in line with  the Apex court  verdict  in Bangalore  Water  Supply and  Sewage Board Case. 2    Domestic services and the Institutions engaged in charitable social or philanthropic service are excluded from the term […]

Can a judgement made in the context of PF be applied for other purposes? – Lets Talk Compliance

The judgement pronounced by the Hon’ble Supreme Court on 28/2/2019 holding certain allowances to be wages ( basic, to be precise ) in the context of PF created a big buzz last year and some of the companies were forced to review their salary structure in the wake of the judgement. The ripples created don’t […]

Salient Features of Code on Wages, 2019 and Draft Central Rules, 2020 – Lets Talk Compliance

  Salient Features: Certain expressions used in the Code have not so far been used in any of these four Acts, i.e., the terms Contractor, Contract Labour, Establishments, Inspector-cum-Facilitator, Minimum Wage, etc., (Definition under Section 2) Now, the appropriate Government for Insurance, Banking and Telecommunication, is Central for the Minimum Wages aspect too. The definition […]

TNRRRLT Act 2017 – Ignorantia Juris Non Excusat !!!

The Government of Tamil Nadu, in their efforts to balance the rights and responsibilities of landlord and tenant and to regulate rent and to provide fast adjudication, has enforced a new tenancy Act called “The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017”with effect from 22nd February 2019. This is […]

Why can’t PF interest be waived off in the absence of Mens Rea? – Lets Talk Compliance

As per the provisions of Employees’ Provident Fund and Miscellaneous Provisions Act, in case of delay in remittance of monthly contributions, the employer is liable to pay interest. In addition, the authority can levy damages also for such a delay. However, considering the difficulties faced by the establishments in the timely deposit of contributions during […]

What reduced EPF Contribution means to Employee & Employer – Lets Talk Compliance

Understanding on EPF reduced Contribution 10% Ministry of Labour & Employment vide its notification No. S.O. 1513(E) Dt. 18th May’2020 Section 6 of EPF (MP) Act, 1952 reads as under; Contributions and matters which may be provided for in Schemes. – The contribution which shall be paid by the employer to the Fund shall be […]

Lets Talk Compliance – Alert to PAN Card Holders! Link PAN with Aadhaar on or before June 30, 2020

The Central Board of Direct Taxes (CBDT) has stated that a Permanent Account Number (PAN) will become inoperative if not linked with Aadhaar by 30th June’2020 (extended from 31.03.2020 due to COVID-19 Lockdown). These stringent measures are taken in order to weed out fake PAN cards and accounts from the system and to track financial transactions. […]

Lets Talk Compliance – LLP Settlement Scheme, 2020 – a posse ad esse!!

As per legal maxim, A POSSE AD ESSE means from possibility to reality, based on various representations Ministry of Corporate Affairs launched “LLP Settlement Scheme, 2020” as modified w.e.f 01st April’2020 to provide Onetime relaxation to the defaulting LLPs for filing pending statutory forms in order to bring the non-compliant into legal fold. The scheme […]

Let’s Talk Compliance – Advance Ruling – In Personam Relief

The Government of India after considering the complexity of tax systems introduced De jure forum to pronounce the Advance Ruling as In Personam Relief (i.e., Relief to specific person). Advance Ruling refers to the written response or decision by “Authority for Advance Ruling” (AAR) and “Appellate authority for Advance Ruling” (AAAR). It is a legal […]

Lets Talk Compliance – The Personal Data Protection Bill | An Overview

In the recent times, India has achieved a resounding success in revalidating the constitutional framework on the “Right to privacy” and the whole credit goes to Justice K.S. Puttasamy case, wherein, the Supreme Court, unequivocally declared that ”The right to privacy is a fundamental inalienable right under The Constitution of India and it is protected […]

FAQs on COVID-19 Special Relaxation Measures for SEZ Units

In the present scenario of complete lockdown in the country to curb the spread of COVID-19, SEZs units engaged in manufacturing of essential items like drugs, pharmaceuticals or hospital equipment are operational to ensure these critical supplies are not disrupted. In order to support the hardship encountered, the Department of Commerce has therefore decided to […]

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