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 […]
Code On Social Security, 2020 – Highlights
CODE ON SOCIAL SECURITY, 2020 HIGHLIGHTS OF THE CHANGES PROPOSED PROVIDENT FUND (PF) 1 The Chapter III concerning the PF shall apply to an establishment employing 20 or more employees(industry-specific applicability withdrawn) 2 There is no wage ceiling for PF employee coverage 3 Limitation period is introduced as 5 years for the institution of […]
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 […]
Udyam Registration – New Portal and New Process
To bring an elevation in the world of MSME, the Government of India based on the recommendations of the Advisory Committee, notified a new process of Classification and Registration of enterprises under The Micro, Small and Medium Enterprises Development Act, 2006 with effect from 1st July 2020. The amendment aims at removing the difficulties faced […]
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 […]
Lets Talk Compliance – Code on Wages, 2019 and Draft Central Rules, 2020
Finally, the new Code on Wages, 2019 which aims to amend and consolidate the existing four legislations, viz., The Equal Remuneration Act, The Minimum Wages Act, The Payment of Bonus Act and The Payment of Wages Act has been published on 8th August 2019 and Central Draft Rules has been published in Official Gazette dated […]
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 […]
Payment of Wages during to Covid-19 outbreak lockdown period
Bombay High Court (Bench: Aurangabad) Coram Order dated 30th April 2020 The matter was heard at Bombay High Court (Aurangabad Bench) in the case between Align Components Pvt. Ltd., and another (Petitioners) Vs Union of India & others (Respondents) for challenging the MHA order dated 29th March 2020 by invoking the provision Sec. 10 (2) […]
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 […]
Delhi HC’s trial on Google Pay’s functional legitimacy
This article is about the recent ruling in the case of Google Pay taken up by the Delhi High Court. Before we get into the details of the case, let us first look at the background on some of the parties and also explain the terms commonly used. Background on Google Pay: Google pay was […]
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 […]
Lets Talk Compliance – Ease of Doing Business in Food Industry During COVID-19 Lockdown
Food is an essential commodity as per The Essential commodities Act 1955. Everyone has to stay home to stay safe but not to starve without basic essential like food. At this time of crisis, the government has rescued the food business with the announcement of a few exemptions and relaxations to ease the operation of […]
COVID-19 Relief Measures by IRDAI for Insurance Companies
Due to the outbreak of COVID‐19 pandemic and the nation‐wide lock‐down, most of the government offices are closed and a few involved in emergency & essential services, are functioning with skeletal staff. This results in some disruption in the operations of insurance companies too and other entities connected with insurance industries. IRDAI has announced various […]
COVID-19 outbreak Relief Measures for Importers & Exporters
Directorate General of Foreign Trade – Relief Measures for Importer & Exporters for COVID-19 outbreak Act: Foreign Trade (Development & Regulation) Act, 1992 The present Foreign Trade Policy which came into force on 1st April 2015, is originally for 5 years and has validity only up to 31st March 2020. In view of the […]