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Business Enquiry
Business Enquiry
Business Enquiry
August 12, 2021 | by C-Quel Legal Research Team
ActsnewsRules
Question from HR: An employees joined our company on Dec 21, 2020, whereas his last working day with the previous organization was Jan 04, 2021. How should HR deal with this case as per compliance and compliance legal opinion?
Reply : 1) Joint declaration has to be submitted by the Present Employer & the Employee why the employee was onboarded before being released by the previous company
2)Online PF transfer case is likely to be rejected because of the clash in DOL & DOJ . This will require an offline representation to the concerned PF office, the success of which is not guaranteed
3)Under the circumstances it is better for the employee to give in writing his voluntary decision that DOJ on the PF portal and other govt registrations should be considered from 5th or 6th Jan 2021
July 1, 2021 | by C-Quel Legal Research Team
FSSAInews
To ensure transparency and increase overall awareness, the Food Safety & Standards Authority of India has issued an order dated 8th June, 2021, mandating all Food business operators, holding a FSSAI License or Registration to declare their 14-digit license/regd. number on all tax invoices.
Tax invoices would include cash receipts, purchase invoices, cash memos, bills etc. Only Government documents that are system generated like the GST e-way bill shall stand exempted from this requirement.
While providing adequate time, the Food Safety body has mandated all Food Business Operators to ensure strict compliance of this order from 1st October, 2021.
June 23, 2021 | by C-Quel Legal Research Team
CovidHaryananews
The Deputy Labour Commissioner (Welfare) Gurugram has directed all establishments located in Gurugram circle to utilize the financial scheme of Rs. 2,15,000/- provided under the Labour Welfare Fund for widows and dependents of deceased employees and their funeral expenses.
Existing Death Relief Scheme: The Haryana Govt. had already formulated the Mukhya Mantri Shramik Suraksha Yojna through which Rs. 5,00,000/- as cash benefits are paid to the dependants of deceased employees who die at the workplace.
Dependents of the concerned employees can avail these benefits by applying through online website : https://saralharyana.gov.in
June 21, 2021 | by C-Quel Legal Research Team
FathersDay
Do you know the hottest business trend of 2021? It’s empathy! No, we are not joking. Empathy is trending as the number one reason why business will remain sustainable in 2021.The keywords Empathy in Business throw up more than 6.4 million pages in Google search and more than 2.9 million videos !! Isn’t this incredible? Millions of employees worldwide are looking at business to do more than just generate profits. So, on the eve of Father’s Day 2021, we thought of telling you the compelling story of one person who fathered a business. Mr. Sushobhan Sarkar, MD. C-Quel. More power to Business Leaders with the Father’s Heart! More Power to the Heart of Business !
June 4, 2021 | by C-Quel Legal Research Team
CovidESIClatestEPFnews
At a time when the ongoing pandemic has posed several economic difficulties before the citizens of India, the ESIC has extended their support to the family members of all Insured Persons who succumb to Covid-19 by extending the scope of ESIC benefits.
Scheme Highlight:
Dependant family members of deceased Insured Persons who have died due to Covid-19 are now entitled to receive the same benefits and in the same scale, as received by the dependents of IPs who die due to employment injury
Eligibility conditions:
1. Deceased Insured Person must have been registered on the ESIC online portal at least 3 months prior to diagnosis & subsequent death due to COVID
2. Deceased Insured Person must have been employed for and contributions for at least 78 days should have been paid or payable during a period of 1 year immediately preceding the diagnosis & subsequent death due to COVID
Upon fulfilment of the eligibility criteria, dependents to also receive a pension amounting to 90% of average daily wages of the insured person during their life
Validity of Scheme: 2 years from 24.03.2020
June 2, 2021 | by C-Quel Legal Research Team
EPFOlatestEPFnewsPF Contribution
EPFO has notified that with effect from June 2021 PF contributions cannot be remitted by the employer without Aadhaar seeding and verification of all employees.
Immediate actionable: Employees need to login to their UAN Portal and do the following:-
1. How to seed your Aadhar details under UAN KYC
2. Verify that their name and DOB in the PF portal should match the name and DOB in the Aadhaar/ UIDAI portal
3. In case of mismatch in PF record you can directly rectify the same on the UAN portal (see the process below)
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidRulesTamil Nadu
The following state have listed out specific Permitted activities during the period of Night Curfew & weekend Lockdown for Factories, Shops & Establishments:
Tamil Nadu
Broadly the activities are:
1. IT/ITES Night Shift Ops permitted from Office
2. Essential maintenance needed for fire safety, machine safety and worker safety permitted during Sundays
3. Maintenance and operations of data centres and other critical IT infrastructure needed to support backend operations of medical, financial, transport and other critical services
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidKarnatakaRules
The following state have listed out specific Permitted activities during the period of Night Curfew & weekend Lockdown for Factories, Shops & Establishments:
Karnataka
Broadly the activities are:
1. IT/ITES Night Shift Ops permitted from Office.
2. Essential maintenance needed for fire safety, machine safety and worker safety permitted during Sundays.
3. Maintenance and operations of data centres and other critical IT infrastructure needed to support backend operations of medical, financial, transport and other critical services.
May 29, 2021 | by C-Quel Legal Research Team
ActsAndhra PradeshCovidRules
The following state have listed out specific Permitted activities during the period of Night Curfew & weekend Lockdown for Factories, Shops & Establishments:
Andhra Pradesh
Broadly the activities are:
1. IT/ITES Night Shift Ops permitted from Office.
2. Essential maintenance needed for fire safety, machine safety and worker safety permitted during Sundays.
3. Maintenance and operations of data centres and other critical IT infrastructure needed to support backend operations of medical, financial, transport and other critical services.
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidRulesTamil Nadu
The following state have elaborately defined the industries that would fall under the category of Continuous Process, so as to allow 24X7 operations during lockdown:
Tamil Nadu
1. Continuous Process industries to include – Petroleum Refineries, Large Steel Plants, Large Cement Plants, Chemical Industries.
2. Food & Food related process, Cold Storage, Warehouseing, E-commerce activities and other essential activities have also been permitted to operate.
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidKarnatakaRules
The following state have elaborately defined the industries that would fall under the category of Continuous Process, so as to allow 24X7 operations during lockdown:
Karnataka
1. Continuous Process industries to include – Petroleum Refineries, Large Steel Plants, Large Cement Plants, Chemical Industries.
2. Food & Food related process, Cold Storage, Warehouseing, E-commerce activities and other essential activities have also been permitted to operate.
May 29, 2021 | by C-Quel Legal Research Team
ActsAndhra PradeshCovidRules
The following state have elaborately defined the industries that would fall under the category of Continuous Process, so as to allow 24X7 operations during lockdown:
Andhra Pradesh
1. Continuous Process industries to include – Petroleum Refineries, Large Steel Plants, Large Cement Plants, Chemical Industries
2. Food & Food related process, Cold Storage, Warehouseing, E-commerce activities and other essential activities have also been permitted to operate
May 29, 2021 | by C-Quel Legal Research Team
ActsAndhra PradeshCovidRules
The Govt. of Andhra Pradesh has mandated all Factories and Industrial Units to submit self-
declarations confirming:
1. Compliance with Standard Operating Procedures (SOPs) concerning social distancing and
other measures for containing the spread of COVID-19 as prescribed by Ministry of Home
Affairs.
2. For work beyond defined lockdown hours, Industries must submit a self-certification
indicating the employees proposed to work beyond such hours with Aadhaar/Employee ID &
photographs to the concerned District Industry Centre, the concerned Mandal Revenue
Office (MRO) and the local Police.
3. Industries to issue also issue identity cards to their employees as per the list furnished to
GM/DIC and the local authorities, based on which movement of the workers and vehicles
will be allowed beyond the curfew hours.
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidRulesTelangana
The Govt. of Telangana has mandated leave with pay for workers afflicted with COvid-19
The following instructions have been laid down:
1. Other workers who have come in contact with the infected person to be quarantined
with pay.
2. Infected person must be allowed leave with pay and must not lead to discontinuance
or termination from service.
3. Concerned Dept/Wing may be closed and reopened after thorough sanitization.
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidRulesTelangana
The Telangana Govt. has mandated the usage of facemasks in all workspaces, public spaces and
means of transport.
Non-wearing of facemasks can attract a penal fine up to Rs. 1,000/-.
It is important for all Employers to take cognizance of this order and ensure strict monitoring of face-
mask usage and Covid-appropriate behaviour in the workplace.
May 29, 2021 | by C-Quel Legal Research Team
ActsCovidGujratRules
The Gujarat Govt. has amended the Gujarat Factories Rules mandating the quality & standards of PPE equipment to be provided to workers in a Factory.
Factory Managers and Health & Safety Teams must ensure the following standards procuring and distributing PPEs in a Factory:
1. All PPE Equipment must be compliant with relevant Indian Standard or be approved by the Chief Inspector of Factories.
2. If the Indian Standard compliance or approval by Chief Inspector is not available, PPE equipment must adhere to European Standard (EN) or the American National Standards Institute (ANSI) or ISO standards, till the relevant Indian Standard is available.
May 12, 2021 | by C-Quel Legal Research Team
actCovidnewsSafety
The Department of Promotion of Industry and Internal Trade (DPIIT), Govt. of India, in a move to provide ease of transportation and delivery of goods, manufacturing activity, delivery of essential commodities, has set up a Control Room to monitor logistics issues faced by stakeholders.
The Control Room will serve as a one-point contact to raise any grievance in regard to transportation hassles arising out of Covid restriction in States and UTs across India.
Special emphasis has been given to the following sectors:
Stakeholders can obtain information and raise grievances through the following contact number and e-mail id ( 8 am to 10 pm)-
Telephone: (011) 23062383, 23062975
E-mail: [email protected]
May 12, 2021 | by C-Quel Legal Research Team
actApprenticenews
With an objective to enhance apprenticeship opportunities for the youth, the Ministry of Skill Development & Entrepreunership has introduced a Draft Concept note on the Apprentices Act, 1961, while proposing various amendments.
Following are the key takeaways in the proposed amendments:
May 11, 2021 | by C-Quel Legal Research Team
Labour Codes 2020news
In a move to facilitate the creation of an all-India worker-database, mainly aimed at providing social security benefits to migrant workers, the Ministry of Labour has notified section 142 of the new Social Security Code, 2020 for social security benefits to workers, through mandatory linkage with Aadhar.
Section 142 of the Social Security Code, 2020 mandates the establishing of identity of an employee or an unorganised worker or any other person through Aadhaar number for seeking social security benefits and services under the Code.
As per a Labour Ministry press release, the National Database for Unorganised Workers (NDUW), a digital initiative by the Central Govt. for collection of data for migrant & unorganised workers, is in the final stages of development. Once launched, interstate migrants can register themselves on the NDUW portal to avail social security benefits through Aadhaar.
The Press note also clarifies that currently no benefits will be denied to workers for lack of Aadhaar linking.
May 11, 2021 | by C-Quel Legal Research Team
newsPOSH
The Industries, Energy & Labour Department, Maharashtra Govt has issued a notification appointing 20 Industrial Courts as Appellate Authority in respective districts under Sexual, Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
This notification was issued pursuant to the order of the Bombay High Court Division Bench in the case of Dasharath Kallappa Bhosale v. State of Maharashtra & Ors. (WP No 786 of 2021), where the Court observed that the Govt, was yet to issue a notification to designate the Appellate Authority as per the POSH Act & Rules.
The Bench was hearing a plea challenging an order passed by the Local Complaints, Pune imposing penalty on the petitioner. Aggrieved by the order, the petitioner had preferred an appeal before the Industrial Court which was rejected, on the ground of lack of jurisdiction to entertain the Appeal.
March 12, 2021 | by C-Quel Legal Research Team
Labour Codes 2020newsOSH Codes
The OSH Code, 2020 has laid out enhanced compliance obligations for employers towards migrant workers. Employers shall have to recast their contract labour compliance obligations in a major way:-.
1. Every inter-state migrant worker, who, on his own will, or has been brought by the employer, to a state other than his state of origin for the purpose of employment, shall be registered as a migrant worker.
2. The registration of migrant workers has been made mandatory under the OSH code.
3. Details such as name, occupation, address, occupation type, educational qualification, skill types and family details to be registered.
4. The registration shall be seeded with Aadhaar to maintain National Database of Unorganized Workers (NDUW).
5. They shall be provided with an ID card wherein their state of origin shall be mentioned.
6. An annual journey allowance shall be provided to each migrant worker if their wages is less than 18 thousand.
7. The Code is applicable to every establishment where 10 or more inter-state migrant workers are employed or were employed on any day of the preceding twelve months
March 12, 2021 | by C-Quel Legal Research Team
actApprenticenews
Major changes have been proposed in the apprenticeship act:
1. A shift from government regulation to self-governance. This is to enhance apprenticeship opportunities and to sync with labour reforms and safety measures.
2.The amendment of the act will bring flexibility in training and employment since it will allow outsourcing of apprentices to third parties.
3. This will include new sectors such as staffing companies for outsourcing.
4.Companies will be able to hire apprentices for their foreign operations as well.
5.Under the new amendment, executive authorities will be fined for failure to take apprentices.
March 12, 2021 | by C-Quel Legal Research Team
Labour Codes 2020news
The Ministry of Corporate Affairs has amended the Corporate Social Responsibility (CSR) Rules with major changes:
1. As per Companies Act 2013, all companies with a turnover of more than Rs 1,000 crore, or net worth more than Rs 500 crore, or net profit more than Rs 5 crore had to spend at least 2% of their three-year annual profit towards CSR in one financial year. Under new multi-year project, they can now spend more than 2% of expenditure in any fiscal year for up to three financial years.
2. Organizations with CSR obligation worth more than Rs 10 crore in previous three FYs needs to mandatorily hire an independent impact assessment agency for CSR projects with expenditure of over Rs 1 crore.
3. Only 5% of the annual CSR expenditure up to Rs 50 lakh can be spent on impact assessment.
4. Organisations registered to promote charitable causes and, allowed to use profits for the same without distributing profit dividends to the shareholders shall be registered with the government by April 1, 2021.
And such organisations are not authorized to conduct CSR activities on behalf of business organisations.
March 12, 2021 | by C-Quel Legal Research Team
Labour Codes 2020news
Under the new Karnataka Shops and Commercial Establishments (Second Amendment) Act, 2020, section 15(7), provision of annual leave with wage has been amended. As per the new amendment, the total number of days of leave that may be carried forward to a succeeding year is increased to forty-five days.
Earlier, the maximum limits of carried forward days was thirty.
March 12, 2021 | by C-Quel Legal Research Team
EPFOESICPF Contribution
From 1st April 2021, interest incurred on PF/EPF contribution beyond Rs 2.5 lakh in one financial year will become taxable.
To calculate the income tax rate, the EPF interest earned during the year will also be added to deduce the income tax slab of a PF account holder.
The Central Board of Direct Taxes (CBDT) has clarified, whatever is in excess to 2.5 lakhs towards PF contribution will be taxable.
March 5, 2021 | by C-Quel Legal Research Team
EHSnewsSafety
Interim environmental damage compensation goes up to Crores
1. The Central Pollution Control Board (CPCB) has asked a Hyderabad-based cigarette making company to pay Rs 5 crore as ‘Interim Environmental Compensation’ for plastic packaging of cigarettes. Under the Plastic Waste Management Rules, 2016 and the guidelines issued by the National Green Tribunal, the usage of plastic in any form is prohibited as per the rules for packaging of any form of tobacco, including cigarettes.
2. The Gujarat Pollution Control Board (GPCB) has issued closure notice to United Phosphorus Limited’s factory unit after a massive blast due to negligence in safety precautions. The high intensity fire had caused damage to nearby plants and contaminated wastewater accumulation due to firefighting. GPCB has also fined the company with Rs 1 crore as interim environmental damage compensation.
Negligence in factory safety resulted in accident involving industrial robot
1. The supervisor and some staff of an automobile component company have been booked for an offence causing death due to negligence in maintaining factory safety and mandates.
2. The deceased was working at a robotic assembly line where a robotic unit fell on him, sustaining critical injuries on head and neck. This has been reported that the deceased was not wearing a helmet or any other safety equipment when the accident occurred.
March 5, 2021 | by C-Quel Legal Research Team
FSSAInews
The Confederation of All India Traders (CAIT) has alleged that e-commerce and food delivery portals in India are not complying with the mandatory declaration provisions of the Legal Metrology and Consumer Protection Rules, which was introduced to bring complete transparency between the manufacturer/seller of the goods and the consumer.
Under rule 10 of amended LM rules and rule 4 (2) of Consumer Protection rules, it is mandatory for an e-commerce entity to provide and disclose correct information of a commodity or goods as a label, which is understandable and accessible by the consumer.
As per the guidelines issued by the Food Safety and Standards Authority of India (FSSAI), online sold food items shall be considered as pre-packaged food since these are not packed in the presence of the consumer.
The e-commerce entity shall be liable to be punished if it fails to provide such information from the manufacturer/seller.
March 5, 2021 | by C-Quel Legal Research Team
Labour Codes 2020news
The Central Pollution Control Board (CPCB) has threatened to fine a Hyderabad-based cigarette making company to pay Rs 5 crore as ‘Interim Environmental Compensation’.
Under Plastic Waste Management Rules, 2016 and the guidelines issued by the National Green Tribunal, the usage of plastic in any form is prohibited as per the rules for packaging of any form of tobacco, including cigarettes.
March 5, 2021 | by C-Quel Legal Research Team
EPFOESIClatestEPFnews
After a successful launch of EPFiGMS for redressal of grievances, EPFO now launches SMS based helpline service for UAN related activities.
1. To visit EPFO regional office, PF members can book a visit in advance by sending a message to 9220599205.
2. Booking can be done by sending ‘EPFBOOK UAN/PF number/any digits and/or letters date time’.
3. After selecting the date and time for booking, a confirmation reply will be received through SMS.
4. In case of unavailability of the selected slot, the next available date and time will be allocated automatically.
5. Member can send only 1 SMS per day from one sim card.
6. Bookings are not available on Saturdays, Sundays and holidays.
7. In case the helpdesk is unable to attend the visitor, the member will have to make a fresh booking.
Currently, the service is available for members of Coimbatore, Tiruppur, and the Nilgiris districts in Tamil Nadu.
February 26, 2021 | by C-Quel Legal Research Team
ESICLabour Codes 2020
The Ministry of Labour and Employment plans to extend ESI benefits to plantation workers.
The Plantation Labour Act, 1951 has been subsumed in the new Labour Code on Occupational, Safety, Health and Working Conditions, 2020 and Social Security Code, 2020.
This will provide multiple benefits to the temporarily engaged tea garden workers and other plantation workers. The ESIC covers sickness benefits, unemployment allowance, maternity benefit, and various other medical benefits to its members and their families.
Important News for EPF Pensioners Digital Life Certificate date extended to end of Feb’21
EPFO Pensioners can now submit their Jeevan Pramaan Patra (Digital Life Certificate) till the end of Feb 2021. For the comfort of 35 lakhs EPFO Pensioners, the last date for the submission of DLC is extended up to 28-02-21.
