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 […]
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III concerning the PF shall apply to an establishment employing 20 or more employees(industry-specific applicability withdrawn) 2 There is no wage ceiling for PF employee coverage 3 Limitation period is introduced as 5 years for the institution of […]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 […]
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 […]
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 – 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 […]
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 […]
A Comprehensive list of licenses For Hotel and Restaurant business
Hospitality is the most booming service industry, with a high disposable income, quality of service and customer satisfaction are needs for its growth. The Hospitality Industry encompasses a broad category of service segments within itself like Food & Beverages, Travel & Tourism, Lodging and Recreation, Event Planning and many more services The Hotel and Restaurant […]
Lets Talk Compliance – Maternity Benefit Act – Tracing the History
Introduction of BillThe Bombay maternity Benefit Bill was first introduced in 1929 in the Bombay legislative council. It was the first law established for working women in India. The legislation for working women has always remained a double-edged sword. The bill was first introduced in Bombay as it was a textile hub for India with […]
NEEM Scheme – AICTE revisits for enhanced process
In addition to Apprentice training under Apprentices Act -1961 and trainees engaged as per Standing order provisions, a new initiative was notified by AICTE (All India Council of Technical Education) on 15/4/2013 in the name of NEEM (National Employability Enhancement Mission) with an objective to offer “on the job practical training” to enhance employability of […]
Let’s Talk Compliance – The Law of High Seas – Labour Laws perspective
Introduction: We are living in an era of rising expectations from people and increasing consumerism. This has paved the way for business expansion beyond land borders and, many companies have ventured into the sea to tap the natural potential and convert this into business opportunities. Until a few decades ago, there were no national or […]
The most important element to scale your startups
A proper germinated and conceptualized Startup can over a period of time survive, succeed and thrive once it starts calling up according to its strategic initiatives. After the initial commencement of business, and market growth and success, Startups look to scale through other different options available in the market to spread its reach. New customer […]
Statutory Compliance Audit for NBFCs – An introduction
What is NBFC? The Non-Banking Financial Companies (NBFC) is a heterogeneous group of financial institutions that perform vehicle finance, equipment lease finance, personal loans, consumer loans, housing loans, etc. It is regulated by the Reserve Bank of India (RBI). Most NBFC’s are categorized as: NBFC-D NBFC-ND Core investment companies. NBFC-D is NBFCs accepting deposits from banks whereas […]
Let’s Talk Compliance – Minimum Basic Rate DOUBLED in Maharashtra
On 24th July 2019, the Government of Maharashtra revised the basic rate of minimum wages for the workers in the “employment of Shops and Commercial Establishments”. The revision was made after a gap of 9 years. It was done for Skilled, Semi-skilled and Unskilled workers. It was a 100% hike for all the three category […]
Let’s Talk Compliance – Code on Wages, 2019
In my last write, I have narrated some of my ideas about the Code on Wages Bill. As aptly mentioned in the preamble of the bill, the Code on Wages, 2019 is for just consolidating the existing provisions of wages and bonus related matters. Certain provisions have been fine-tuned to stay relevant to the contemporary […]
Let’s Talk Compliance – Information Security vis-à-vis Labour Law – Need of the hour!!!
What does labour law have to do with information security? On the face of it, this question and the title may appear intriguing for the uninitiated labour law (LL in short) experts for whom the Information Security (IS in short) may be a new domain. Presently, among a major section of population, it appears that […]
Let’s Talk Compliance – Proposed Labour Code on OSHWC, 2019
Currently, there are 13 central legislations in India which regulate the Occupational Safety, Health and Working Conditions of the persons employed. These are either based on the type of establishment (ex. Factory, Mines, etc.) or on the class of workers (ex. Contract labour, Interstate migrant workers, etc.). The Code on Occupational Safety, Health and Working […]
List Of Labour Laws For Overtime Work
What is Overtime? Overtime refers to the period for which an employee has worked more than their regular working hours. As per the overtime policies in India, the working hours are 7 to 9 hours per day and 48 hours a week. The labour laws in India state that any employee who works at overtime […]