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News & Updates

Weekly HR-ESG Compliance News & Impact Analysis from C-Quel – 7th Feb to 12th Feb, 2022

February 14, 2022 | by C-Quel Legal Research Team

Actscompliancenews

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
03.02.2022 Haryana The Haryana State Employment of Local Candidates Rules, 2021 Stay Order on Implementation Of The Haryana State Employment of Local Candidates Act, 2020

The Faridabad Industries Association and others filed a writ petition challenging the implementation of The Haryana State Employment of Local Candidates Act, 2020. The Hon’ble Punjab and Haryana High Court has considered the arguments of both parties and granted an interim stay on implementing The Haryana State Employment of Local Candidates Act, 2020 on 3rd February 2022.The Hon’ble High Court directed to post the matter on 18th of April 2022 and put forward a substantial question of law “Whether any State can restrict employment (even in the Private Sector) on the basis of domicile” Therefore, employers may take a note that interim stay has been granted on implementation of The Haryana State Employment of Local Candidates Act, 2020 until final order.
All Haryana based companies/Employer to adhere the guidline and ensure compliance accordingly.
03.02.2022 Haryana NA The Governor of Haryana vide notification No.Elec-2022/IR-II/PSCE/Hol/4267/4379 has declared paid holiday on 10.02.2022, 14.02.2022, 20.02.2022, 23.02.2022, 27.02.2022, 03.03.2022, 07.03.2022 on account of general election in Uttar Pradesh and on 20.02.2022 for general election in Punjab. As per notification, paid holiday is declared for all shops and commercial Establishments falling within the jurisdiction area of the state of Haryana and only for their employees who are enrolled as voters in the state of Uttar Pradesh and Punjab to enable them to cast their votes. The notification for paid holiday in Uttar Pradesh and Punjab have been appended All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments in State of Rajasthan needs to ensure compliance with the notice as non-compliance would lead to penal action
04.02.2022 Uttarakhand NA Grant Of Paid Holiday On Account Of General Election In Uttarakhand-Government of Uttarakhand vide notification No.698/29/2022 has declared paid holiday in Uttarakhand on 14th February 2022 (Monday) on account of general election for employees who are working in industrial establishments, factories, governing and non governing body, educational institutions, commercial establishments and shops. All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments in State of UK needs to ensure compliance with the notice as non-compliance would lead to penal action
07.02.2022 Goa NA Grant Of Paid Holiday On Account Of General Election In Goa-Government of Goa vide notification No.2/2/2010-GAD-III/447 has declared 14th February 2022 as a public holiday being the polling day for the general elections to the Goa Legislative Assembly, 2022 throughout the State of Goa. As per notification, 14th February 2022 also declared as a paid holiday for the establishments as mentioned, (1) Industrial workers of the state of Goa, (2) daily wage workers of the Government Departments and State Government Industrial Departments, (3) commercial and industrial workers of private establishments in the state of Goa, (4) all private establishments, (5) daily wages, casual workers employed in any business, trade industrial undertakings or any other establishments. All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments in State of Goa needs to ensure compliance with the notice as non-compliance would lead to penal action
09.02.2022 Himachal Pradesh NA Himachal Pradesh Grant Paid Holiday On Account Of General Election In Uttar Pradesh, Uttarakhand, Punjab-
Government of Himachal Pradesh vide circular No.1-18/85(Fac)Lab-Vol-II has declared paid holiday for electors of Uttar Pradesh, Uttarkand, Punjab who are employed in business, trade, industrial establisments or any establishments located in Himachal Pradesh on account of general election in Uttar Pradesh on 10.02.2022, 14.02.2022, 20.02.2022, 23.02.2022, 27.02.2022, 03.03.2022, 07.03.2022 and Punjab on 20.02.2022, Uttarakhand on 14th February 2022
All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments in the respective states needs to ensure compliance with the notice as non-compliance would lead to penal action
09.02.2022 Tamil Nadu NA Grant Of Holiday On Account Of General Election In Tamil Nadu-Government of Tamil Nadu vide notification G.O (Ms) No.27 has declared public holiday on 19th February 2022(Saturday) for all Government offices, including industrial establishments of Government and Government controlled bodies and all education institution All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments in State of Tamil Nadu needs to ensure compliance with the notice as non-compliance would lead to penal action
10.02.2022 Central ESI COVID Relief Scheme-“The deceased Insured Person must have been in employment on the date of diagnosis of COVID-
19 disease and contributions for at least 35 days should have been paid or payable in respect of him / her
during a period of maximum one year immediately preceding the diagnosis of COVID-19 disease resulting
in death.”
Compliance to adhered by All employers of Industrial Establishments/ Factories/ Shops and Commercial Establishments and same needs to be displayed

C-Quel Weekly Compliance & ESG Round Up Series – 24th Jan to 29th Jan, 2022

February 2, 2022 | by C-Quel Legal Research Team

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
27.01.2022 Central ESI Relaxation Of Eligibility Condition Under Atal Beemit Vyakti Kalyan Yojana ESI has notified its decision to relax the condition of 2 years’ insurable employment for providing the unemployment insurance benefit. Earlier, the decision to allow the relaxation was at the draft stage. This is with effect from 1st July 2021

As per the new notification insured person should have been in insurable employment for a minimum period of twelve months immediately before unemployment and should have contributed for not less than seventy eight
days in the one completed contribution period in twelve months

Impact : PE needs to display the same in the notice board.More and more workers can now be eligible for unemployment insurance benefit from ESI. This information needs to be widely disseminated to workers and contractors.

18.01.2022 Central Draft Food Safety and Standards (Packaging) Amendment Rules, 2022 Draft Food Safety and Standards (Packaging) Amendment Rules, 2022 regarding use of recycled plastics FSSAI to issue authorization letter to recycled plastic manufactures similar to lines of approvals issued under products/claims approval with a general condition that Food Authority reserves right to inspect records & facilities of
the applicant prior/post authorization. Approved recyclers’ list to be posted on FSSAI website.

1. Manufacturers of recycled plastics to apply and obtain authorization from the Food Authority

2. Food Contact Materials (FCM) manufacturers from recycled materials to apply to FA in prescribed performa by paying fees of Rs. 2, 000/-

21.01.2022 Central Draft Food Safety and Standards (Packaging) Amendment Rules, 2022 Authorization mechanism for recycled plastic manufacturers The amendment states that  specified food grade
packaging materials as per Regulations, 2018, which may or may not be plastic compatible with water can also be used for packaging, notwithstanding the requirements of transparency.

Impact : SOPs for packaging water to be updated

27.01.2022 Central Food Safety and Standards (Packaging) First Amendment Regulations, 2022 Non-transparent packaging material for water The Apex Food body of India, FSSAI, amended Food Safety and Standards (Packaging) First Amendment Regulations, 2018 in relation to non-transparent packaging material for Water. The amendment states that specified food grade packaging materials as per Regulations, 2018, which may or may not be plastic compatible with water can also be used for packaging, not withstanding the requirements of transparency.
24.01.2022 Central ESG Compliance SEBI releases Consultation Paper on Environmental, Social and Governance (ESG) Rating Providers for Securities Markets 1. Proposal to accredit ESG ratings providers for assigning ratings to listed entities. Any listed entity who wants to avail an ESG rating will obtain it only from a SEBI-accredited provider.
2. Proposal for clear and consistent use of terminologies for ESG ratings products, thereby creating a distinction between ESG Impact Ratings—that measure a company’s impact on the environment and society—from ESG Financial Risk Rating—that measure impact of ESG factors on a company’s business and financials.
3. Proposal seeking more transparency by ratings providers on their methodologies, sectoral classification, key performance indicators used, annual reports, sector agnostic comparisons and disclosures on potential conflict of interest

Impact : Any listed entity which wants to avail an ESG rating will obtain it only from a SEBI-accredited provider.

C-Quel Weekly Compliance & ESG Round Up Series – 17th Jan to 22nd Jan, 2022

January 25, 2022 | by C-Quel Legal Research Team

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
13/01/2022 Haryana The Haryana State Employment of Local Candidates Rules, 2021 Specification Of Designated Portal Under Local Candidates Enactment In Haryana The Government of Haryana vide notification No SPL-2/HSELC/IR-5 has specified the designated portal as https://local.hrylabour.gov.in/ mentioned under The Haryana State Employment of Local Candidates Act, 2020. Therefore, employer using its Haryana Udhyam Memorandum Identification Number (HUM ID) shall register all its employees, gross monthly salary or wages are not more than thirty thousand rupees by providing the required details of each such employee, in the form as specified on the designated portal within three months of coming into force of this Act
10/01/2022 Haryana The Haryana State Employment of Local Candidates Rules, 2021 Haryana Local candidates Recruitment Exemptions:

Vacancies in New Startups and New Information Technology (IT)/ Information Technology Enabled Services (ITES) of new Employer: 2 years from date of commencement of work
Short Term employment having duration of less than 45 days
Vacancies under an employer who engages in agricultural activities
Vacancies under an employer for domestic work or services in residential houses
Vacancies that are being filled up through promotion or transfer or by absorption of surplus staff of any Unit of the same employer in the state of Haryana
Any class, post, skill and category of employment, as notified by the Govt from time to time

Definition of New Startups and New Information Technology (IT)/ Information Technology Enabled Services (ITES): Any employer who has established or has commenced operations within a period of 2 years, after commencement of the Haryana State Employment of Local Candidate Act, 2020.

Date of Commencement of the Act: 15.01.2022

13/01/2022 Bihar The Bihar Professional Tax (Amendment) Rules, 2021 The Government of Bihar vide notification no. S.O. 68, has amended provisions towards registration and enrolment under The Bihar Professional Tax Rules, 2011. As per the amendment, (1) The employer or assessee shall electronically submit application within a period of fifteen days of any change in the name of employer or deductor or date of liability, (2) The employer shall apply for fresh registration if change pertains to the change in Permanent Account Number, or the name as per such Permanent Account Number, Tax Deduction and Collection Account Number, or the name as per such Tax Deduction and Collection Account Number, jurisdiction of the circle, name and style, Goods and Services Tax Identification Number, (3) The employer or tax assessee through his own login shall also update at the official web-site of the Commercial Taxes Department incase of any change in mobile number, e-mail address, address of the place of the business or name of the firm, nature of profession or trade, (4) The employer or assessee seeking cancellation shall also submit an application electronically within a period of thirty days along with supporting documents at official web-site of the Commercial Taxes Department PE to adhere the compliance of P-Tax amendment Rules
11/01/2022 Andaman & Nicobar The Andaman & Nicobar Minimum Wage Notification (Jan 2022) The Administrator of Andaman and Nicobar Island vide notification F.NO 16/1/MW/2019-20/LC&DET/27, has declared the minimum rate of wages in the union territory of Andaman and Nicobar with effect from 1st January 2022 Principal Employer to ensure that all c

The notification needs to be displayed in the Notice Board

31/12/2021 Central Regulation on
Extended Producer Responsibility for Waste tyres
Draft EPR Regulations on Waste Tyres introduced In a major step to control unregulated and unscientific recycling or burning of tyres in India’s unorganised sector, the Central Government has prepared a comprehensive action plan for transformational change for managing waste tyres, after consultation with all relevant stakeholders.

The Regulations on the Extended Producer Responsibility for Waste Tyre have been issued under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

The Draft Extended Producer Responsibility affixes responsibility on producers/importers of tyres to ensure environmentally sound management of such waste tyres as per the provisions of the regulations.

Salient features:
• The regulation to come into force from the Financial Year 2022-23.
• Producers and recyclers are to be covered and mandatorily registered under the regulations
• No entity to deal with any unregistered produced/recycler
• The Central Pollution Control Board to generate EPR certificate through the portal in favour of registered recyclers
• Producers to fulfill their EPR obligation through online purchase of EPR Certificate from
• registered recyclers
• Quarterly returns to be filed by Producers and Recyclers
• The CPCB to lay down guidelines for imposition and collection of environment compensation in case of non-fulfilment of EPR obligations and false information

EPR Obligations for Producers and Importer of new tyres:
• Year 2022-2023: 35% of the quantity of new tyres Manufactured/imported in Year 2020-21
• Year 2023-2024: 70% of the quantity of new tyres Manufactured/imported in Year 2021-22
• Year 2024-2025: 100% of the quantity of new tyres Manufactured/imported in Year 2022-23.
• After 2024-25 (Year Y), the EPR obligation will be 100% of the quantity of new tyres
• manufactured/imported in the year (Y-2). Units established after 1st April, 2022, the EPR obligation will start after two years (Y) and will be 100% of the new tyres manufactured/imported in the year (Y-2).

27/12/2021 Central Order: Extension of period for modification/migration of License by existing FSSAl
Licensed Manufacturers
Timeline for modification/migration of FSSAI Manufacturer License extended India’s apex food body, FSSAI has extended the timeline for mandatory modification/migration of license by existing FSSAI Licensed Manufacturers from 31.12.2021 to 3103.2022.
Existing FSSAI Manufacturing License holders need to modify their licenses in terms of the new methodology for Standardised Product Selection in the FoSCoS products.
Further, all manufacturers of Health Supplements, Nutraceuticals, Food for Special, Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food are mandated to migrate from their existing State Licenses to Central Licenses.
Failure to adhere to comply with the timeline to bar the renewal of FSSAI licenses by Manufacturing License holders under the FSSAI.
28/12/2021 Central Consumer Protection (Direct Selling) Rule, 2021 Pyramid and Money Circulation Schemes Axed:
Consumer Protection (Direct Selling) Rule, 2021 notified
The Central Government, through the Ministry of Consumer Affairs has recently notified the Consumer Protection (Direct Selling) Rules, 2021 for the direct selling industry banning companies from promoting pyramid and money circulation schemes.
Direct selling entities and direct sellers using e-commerce platforms for sale have been mandated to comply with the 2021 Rules within 90 days.
Salient Features:
• Direct selling entity or direct not to engage in Pyramid or Money circulation scheme
• State governments to set up a mechanism to monitor the activities of direct sellers and direct selling entities
• Several obligations mandated for Direct selling entities, including establishment of an adequate grievance redressal mechanism

• All direct selling entities to appoint a Nodal Officer and a Grievance Officer and the contact details of such a Grievance officer to be displayed on their website
• Details of the company websites to be prominently printed on the product information sheet or pamphlet
• Grievance redressal officer to acknowledge the receipt of any consumer complaint within 48 working hours of receipt of such complaint
• Direct Sellers not to No false representation as a consumer and posting reviews about its goods or services or misrepresent the quality or features of any of its goods or services.
• Direct Selling entities to monitor the practices adopted by its direct sellers and ensure compliance with the rules through legally binding contracts.

C-Quel Weekly Compliance & ESG Round Up Series – 8th Jan to 15th Jan, 2022

January 17, 2022 | by C-Quel Legal Research Team

ActscompliancenewsRules

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
10/01/2022 Haryana The Haryana State Employment of Local Candidates Rules, 2021 The Haryana State Employment of Local Candidates Rules, 2021,The Governor of Haryana vide notification No.Lab/1128 has introduced The Haryana State Employment of Local Candidates Rules, 2021 Primary Mandate: Employment of 75% of the local candidates in posts where the gross monthly salary or wages are not more than INR 30,000 . Recruitment,Exemption,Returns(20th of each quarter),Registers to be mainatined.Candidates to register on the designated portal in the format as specified on the designated portal

Inspection to be made by Authorized Officer after 3 days notice

Grounds for Inspection:
(a) non registration of employees in terms of section 3 of the Act;
(b) non-compliance of the provision of section 4 of the Act;
(c) claiming exemption from the provision of this Act on false or frivolous grounds;
(d) submission of fake information or report under the Act;
(e) suspicious records or information about the appointment of person other than Local Candidates in
violation of the provision of this Act.

Provision for Exemption :
An Employer may claim exemption under the Act where adequate number of local candidates of the desired skill, qualification or proficiency are not available, by applying to the Designated Officer (DO).
The DO may accept or reject the claim. Further, the DO can direct the employer to train local candidates to achieve the desired skill, qualification or proficiency.

12/01/2022 Kerala Minimum Wages The Kerala Minimum Wages Notification (Nov 2021)-The Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.DES/859/2022-P3(1) , the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of November 2021 Principal Employer to ensure that all contractual agencies revise the rate of wages and wages of direct employees are also as per latest rates.
The notification needs to be displayed in the Notice Board
14/01/2022 Karnataka Labour Welfare Fund The last date of paying LWF contribution for 2021 has been extended from 15th Jan’22 to 30th Jan’22. All establishments and factories operating from Karnataka need to pay contribution within 30th Jan’22. Employers operating from Karnataka need to ensure that LWF remittance for 2021 gets remitted latest by 30th Jan’22

C-Quel Weekly Compliance & ESG Round Up Series – 27th Dec to 31st Dec, 2021

January 3, 2022 | by C-Quel Legal Research Team

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
16/12/2021 Jammu & Kashmir National Festival and Holiday Act The Government of J &K has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
14/12/2021 Jharkhand National Festival and Holiday Act The Government of Jharkhand has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
17/12/2021 Meghalaya National Festival and Holiday Act The Government of Meghalaya has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
23/12/2021 Ladakh National Festival and Holiday Act The Government of UT of Ladakh has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
23/12/2021 Central ESI ESIC vide notification S.O. 5371(E) has implemented the provisions of Chapter IV (Contribution), Chapter V (Benefits), Chapter VI (Adjudication Of Disputes and Claims) in the entire area of following districts in the State of Assam such as Barpeta, Bongaigaon, Bishwanath, Cachar, Chirang, Darrang, Dhemaji, Dhubri, Golaghat, Goalpara, Lakhimpur, Majuli, Nalbari, Marigaon, Nagaon, Sibsagar, Udalguri, West Karbi Anglong (in addition to the already implemented area in the district), including Karbi Anglong, Karimganj, South Salmara Mankachar Establishments and factories operating at Barpeta, Bongaigaon, Bishwanath, Cachar, Chirang, Darrang, Dhemaji, Dhubri, Golaghat, Goalpara, Lakhimpur, Majuli, Nalbari, Marigaon, Nagaon, Sibsagar, Udalguri, West Karbi Anglong (in addition to the already implemented area in the district), including Karbi Anglong, Karimganj, South Salmara Mankachar districts in the State of Assam wef 01st Jan 2022 and need to obtain an ESIC Code and monthly remittance required to be done on or before 15th. Same is required to be displayed at unit
28/12/2021 Central Boiler Operation (Amendment) Rules, 2021 Ministry of Commerce notifies new qualification criteria for Boiler Operation Engineers The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has notified new qualification criteria for Boiler Operation Engineers, vide the Boiler Operation (Amendment) Rules, 2021.
The existing criteria mandates the following criteria for Boiler Operation Engineers:
• Completion of 23 years of age
• Possession of a degree or diploma in Mechanical or Electrical or Chemical or Power Plant or Production or Instrumentation Engineering from a recognised university or Institution, among others.
Vide the latest amendment, the integration or combination with the notified branches of Engineering, for example, Electrical and Electronics, Electrical and Instrumentation has also been permitted.
23/12/2021 Central The Food Safety and Standards (Food Product Standards and Food Additives) Fourth Amendment Regulations, 2019. FSSAI extends the timeline for compliance with standards of Packaged Drinking Water (other than Mineral Water) India’s apex food body, FSSAI has extended the timeline for compliance with the provision of the Food Safety and Standards (Food Product Standards and Food Additives) Fourth Amendment Regulations, 2019.
These standards on packaged drinking water are prescribed in the Food Safety and Standards (Food Product Standards and Food Additives) fourth amendment regulations, 2019.
According to this, the mandatory requirement of calcium has been set at 20-75 mg/litre while the quantity of magnesium should be maintained in the range of 10-30 mg/litre
Earlier cut-off date for compliance: 1st January, 2022
Extended cut-off date for compliance: 1st July, 2022.

Compliance Calendar – JAN 2022

December 31, 2021 | by C-Quel Legal Research Team

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Compliance Parameters For the Period (Month) Filling Due Date
Salary to be disbursed within 7th of month and full and final payment to be disbursed 2 days of termination (including contractor and subcontractor) As per OSH code 2020, contractor includes sub-contractor December-2021 07-01-2022
International Worker Return filling December-2021 15-01-2022
Contribution Remittance under EPF & MP Act; Applicability on: Universal applicability December-2021 15-01-2022
Contribution Remittance under ESI Act; Applicability on: Universal applicability December-2021 15-01-2022
LWF payment & Return submission; Applicability on – KN, WB, MH, DL, OD, GJ December-2021 15-01-2022
Unpaid accumulation returns under LWF-Universal Applicability December-2021 15-01-2022
Maternity Return submission; Applicability on MH only for MCGM December-2021 15-01-2022
Factory Half-Yearly Return; Applicability on: GA, GJ, HR, KN, KL, MH, DL, PD, PB, RJ, TN, WB, HP, ML December-2021 15-01-2022
Works Committee Return (G1)-All states December-2021 20-01-2022
Maternity Return Submission; Applicability on AP, BR, CH, GA, GJ, AS, HR, HP, JH, KN, KL, MP, DL, OD, PD, PB, RJ, TN, UP, UK, WB, ML December-2021 21-01-2022
Contract Labour Half Yearly Return; Applicability on AP, BR, CH, CH, GA, GJ, AS, HR, HP, JH, KN, KL, MP, MH, DL, OD, PD, PB, RJ, TN, UP, UK, WB December-2021 30-01-2022
Employment exchange Return – Universal applicability December-2021 30-01-2022
Annual Return under Shops/Factory; Applicability on AP, BR, CH, CH, GA, GJ, AS, HR, HP, JH, KN, KL, MP, MH, DL, OD, PD, PB, RJ, TN, TS, UP, UK, WB December-2021 30-01-2022
LWF payment & Return submission; Applicability on – AP, TS, CG, GA, GJ, MP, TN, HR(Jan to Dec) December-2021 31-01-2022
Labour Welfare Fund Payment & Return; Applicability on Kerala December-2021 31-01-2022
Quarterly Shops Return – KL December-2021 31-01-2022
Payment of wages Annual return; Applicability on – AP, BR, CH, CH, GA, GJ, AS, HR, HP, JH, KN, KL, MP, MH, DL, OD, PD, PB, RJ, TN, UP, UK, WB December-2021 31-01-2022/01-02-2022
POSH Annual Report (no timeline) Jan to Dec 2021 31-01-2022
Form II – TN Permanent Status of Workers Act (Y) Form II -TN Subsistence Allowance Act (HY) TN- Form O & Form V (HY) Form XII – Self Certification under TN Minimum Wages Rule (HY) Form VIII – Self Certification under TN Payment of Wages Rule (HY) December-2021 30-01-2022
Professional Tax Payment AP, MP & Telangana December-2021 10-01-2022
Professional Tax Payment WB December-2021 21-01-2022
Professional Tax Payment Gujarat December-2021 15-01-2022
Professional Tax Payment Karnataka December-2021 20-01-2022
Professional Tax PaymentAssam & Meghalaya December-2021 30-01-2022
Professional Tax Payment Maharashtra & Odisha December-2021 30-01-2022
Compliance Registers Generation December-2021 Monthly
Update Inspection box file with sample register prints and signoffs December-2021 Monthly
Upload contractors’ details in PE’s UAN Portal December-2021 Monthly
E-Shram Registration for Irregular Vendor   One time
UAN upload in ESI portal, Seeding of UAN number in the Insurance Module December-2021 One time
Compliance ID Card (Including State of Origin) for all workers   One time
Mandatory Aadhar Seeding and Verified with UAN for PF Contribution All States
North East
30-11-2021
31-12-2021
GSTR-1 December-2021 11-01-2022
GSTR-3B December-2021 20-01-2022
Legal Metrology Quarterly Verification of Weights & Measures January 22 to March 22 Within 31-03-2022
FSSAI: Mandate for FBOs to mention their 14-digit FSSAI license/registration number on receipts, invoices, or bills on sale of products From October 21 Ongoing
FSSAI: FSSAI Labelling Compliance (for mouth fresheners, non-dairy products, food fortified with Iron, ingredients/additives, certain Articles of food, sweeteners, Edible Oils etc) December-21 Ongoing
FSSAI: Migration of State Licenses under Nutraceuticals to Central License December-21 Ongoing
PESO: Possession and transport of explosives of Class 2 or Class 3 not exceeding 25 kilogrammes: Monthly Return in Form RE-6 December-21 30-01-2022

C-Quel Weekly Compliance & ESG Round Up Series – 13th Dec to 18th Dec, 2021

December 20, 2021 | by C-Quel Legal Research Team

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
10/12/2021 Punjab National Festival and Holiday Act The Government of Punjab has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
20/12/2021 Uttar Pradesh National Festival and Holiday Act The Government of Uttar Pradesh has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
14/12/2021 New Delhi National Festival and Holiday Act The Government of New Delhi has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
16/12/2021 Haryana National Festival and Holiday Act The Government of Haryana has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
15/12/2021 Chandigarh National Festival and Holiday Act The Government of Chandigarh has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
26/10/2021 Central Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2021 Extension of Timeline for implementation of the Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2021 India’s apex Food Body, Food Safety and Standards Authority of India (FSSAI) has issued an order extending timeline for implementation of the Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2021. The extended timeline allows food businesses operators (FBO) to comply with provisions of said regulations with effect from July 1, 2022.

The FSS (Advertising and Claims) Regulation, 2018 were aimed at establishing fairness in claims and advertisements of food products and to make food businesses accountable for such claims/advertisements in the interests of consumers.

Salient Features of the 2021 Amendment:

• FBOs needs to specify number of servings of the food per day for the claimed benefit related to reduction of disease risk, as applicable on food products

• Trademarks or brand names containing adjectives such as ‘natural’, ‘fresh’, ‘pure’, ‘original’, ‘traditional’, ‘authentic’, ‘genuine’, ‘real’, appearing in the label to be accompanied by the following statement: This is only a brand name or trademark and does not represent its true nature

• The size specs of the above disclaimer should not be less than 1.5mm size for pack sizes under 100sq. cm and not less than 3mm size for pack sizes above 100 sq. cm.

• Provision to allow display of claims regarding non-addition of additives including functional classes of additives as specified in FSS (Food Product Standards and Food Additives) Regulations, 2011

• FBOs or marketers to submit the information sought on non-compliance for within thirty days from the receipt of the letter from the competent authority

15/12/2021 Central Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017 Timeline & procedure of appeal specified: Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017 India’s apex Food Authority, FSSAI, has amended the regulations specifying procedure for appeal by Food Business Operators (FBOs) against any decision of rejection of their application for grant of prior approval, as its earlier implementation was facing great difficulty.

Summary of changes:

• FBOs may file an appeal before the CEO of the Food Authority against any decision of rejection of application within 30 days of the receipt of rejection letter. Timeline of Appeal Disposal: within 30 days

• FBOs aggrieved by the decision of the CEO of the Food Authority may file a review petition to the Chairperson of the Food Authority, within 30 days from the date of issue of appellate order. Timeline of Appeal Disposal: within 30 days

16/12/2021 Central Food Safety and Standards Act, 2006 Ease of Doing Business: Fast-paced procedure to apply for manufacturing license To address the delay in processing of manufacturing licenses for multiple food products under the FSSAI regime, India’s food safety regulator FSSAI has issued an advisory to facilitate timely license issuance.

Issue: The Food Business Operators (FBOs) face delay in processing of their license application when they apply for Manufacturer KOB for multiple food products.

Reason: Inability of FBOs to specify the food products clearly in the license application, leading to multiple queries by the licensing authorities in respect of some food products.

Advisory: Licensing Authorities to advise FBOs to delete such food products from the license application, for which multiple queries are raised, to facilitate license issuance for eligible products.

FBOs, may file modification of the issued license, with prescribed fee as applicable (Rs.1,000/- plus differential fee, if any) for the remaining products.

14/12/2021 Central Mineral (Auction) Fourth Amendment Rules, 2021 Central Govt. fixes bidding security amount for composite mining license In a bid to supplement the recent policy reforms taken in the mineral sector and facilitate auction of more blocks, the Ministry of Mines, Govt. of India has notified the Minerals (Evidence of Mineral Contents) Second Amendment Rules, 2021 and the Mineral (Auction) Fourth Amendment Rules, 2021.

Salient features:

• Facilitating participation in auction, for composite licence where mineral potentiality of the blocks has been identified based on the available geoscience data

• State Govt. appointed committee to assess mineral potentiality of blocks and recommend the same for auction

• incentive of depositing only 50% of the bid security amount in auction of the blocks proposed to be acquired

16/12/2021 Assam Minimum Wages Act Government of Assam, as per notification number No ACL/41/2004/10998 has released the Minimum Wages for the State effective from 1st Jan 2021 and 1st July 2021 Principal Employer to ensure that all contractual agencies revise the rate of wages and wages of direct employees are also as per latest rates.
The notification needs to be displayed in the Notice Board.
Payment of arrear wages to be paid from Jan 2021 & July 2021

C-Quel Weekly Compliance & ESG Round Up Series – 5th Dec to 11th Dec, 2021

December 14, 2021 | by C-Quel Legal Research Team

Actscompliancenews

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
30.11.2021 Central Food Safety and Standards Act, 2006 Notification of Food Analysts functioning in Food testing laboratories recognized by FSSAI Units to ensure that all food/water/food item testing reports issued by recognized FSSAI Food laboratories are duly authenticated by the notified set of Food Analysts
09.12.2021 Central ESI Act Circular Towards Linking Of ESIC of Insured Person With EPFO.

ESIC vide circular has decided to link ESIC insurance number of insured person with the EPFO’s Universal Account Number (UAN), a twelve digit identification number number allotted by EPFO. Therefore, members of EPFO with authorised Aadhaar and Bank details seeded against the UAN can submit their provident fund withdrawal or settlement or transfer requests.

An arrangement has been made in the ESI portal where the employer can enter the UAN of IPs through the module. Once after entering details in the system the same can be verified with EPFO

Employer to adhere the compliance in Online portal for all ESI Coverabale employees and ensure Contractor also follow the compliance

C-Quel Weekly Compliance & ESG Round Up Series – 29th Nov to 4th Dec, 2021

December 7, 2021 | by C-Quel Legal Research Team

Actscompliancenews

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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
19.10.2021 Himachal Pradesh National Festival and Holiday Act The Government of HP has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
03.12.2021 Maharashtra National Festival and Holiday Act The Government of Maharashtra has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
03.12.2021 Madhya Pradesh National Festival and Holiday Act The Government of Madhya Pradesh has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
30.11.2021 Karnataka National Festival and Holiday Act The Government of Karanataka has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
26.11.2021 Andhra Pradesh National Festival and Holiday Act The Government of Andhra Pradesh has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
26.11.2021 Telengana National Festival and Holiday Act The Government of Telengana has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
30.11.2021 Punjab Minimum Wages Act Government of Punjab, as per notification number No.ST/17065 has released the Minimum Wages for the State effective from 1st March 2020 & 1st Sept 2020 Principal Employer to ensure that all contractual agencies revise the rate of wages and wages of direct employees are also as per latest rates.
The notification needs to be displayed in the Notice Board.
Payment of arrear wages to be paid from March 2020 , followed by Sept 2020
03.11.2021 Central Food Safety and Standards (Import) First Amendment Regulations, 2021 FSSAI strengthens rules for Foreign Companies Exporting Food Products in India 1. Mandatory registration for Foreign Food manufacturing facilities before export of products through ‘Form 16’ : Validity of Registration- 2 yrs
2. FSSAI to conduct inspection in Foreign Food manufacturing facilities – Costs to be borne by such Unit
3. Units that are covered under mandatory Bureau of Indian Standards Certification Mark Scheme
4. Renewal applications to be filed not laterthan 30 days prior to the expiry date
22.11.2021 Central Draft Food Safety and Standards (Alcoholic Beverages) Amendment
Regulations, 2021.
FSSAI issues draft notification for Alcoholic Bevarages 1. Non-alcoholic counterpart of alcoholic beverage” defined as having alcohol content less than or equal to 0.5% abv.
2. Flavoured Beer defined as Beer containing flavours as per the provisions prescribed under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.

Compliance Calendar – DEC 2021

November 30, 2021 | by C-Quel Legal Research Team

Actscompliancenews

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Compliance Parameters For the Period (Month) Filling Due Date
Shops & Establishment RC Renewal; Applicability on TS (Renewal Fee Required) November-21 02-12-2021
Salary to be disbursed within 7th of month and full and final payment to be disbursed 2 days of termination (including contractor and subcontractor) As per OSH code 2020, contractor includes sub-contractor November-21 07-12-2021
International Worker Return filling November-2021 15-12-2021
Contribution Remittance under EPF & MP Act; Applicability on: Universal applicability November-2021 15-12-2021
Contribution Remittance under ESI Act; Applicability on: Universal applicability November-2021 15-12-2021
ESI Half yearly Return(timeline extended) April to Sept-21 15-12-2021
Labour Welfare Fund Payment & Return; Applicability on Kerala November-2021 31-12-2021
Shops & Establishment RC Renewal; Applicability on: Universal applicability November-2021 30-12-2021
National & Festival Holiday Return – Universal applicability November-2021 31-12-2021
LWF payment & Return submission; Applicability on HR November-2021 31-12-2021
Factory License Renewal; Applicability on Bihar November-2021 31-12-2021
Professional Tax Payment AP, MP & Telangana November-2021 10-12-2021
Professional Tax Payment WB November-2021 21-12-2021
Professional Tax Payment Gujarat November-2021 15-12-2021
Professional Tax Payment Karnataka November-2021 20-12-2021
Professional Tax Payment Assam & Meghalaya November-2021 28-12-2021
Professional Tax Payment Maharashtra & Odisha November-2021 30-12-2021
Compliance Registers Generation November-2021 Monthly
Update Inspection box file with sample register prints and signoffs November-2021 Monthly
Upload contractors’ details in PE’s UAN Portal November-2021 Monthly
E-Shram Registration for Irregular Vendor   One time
Compliance ID Card (Including State of Origin) for all workers   One time
Mandatory Aadhar Seeding and Verified with UAN for PF Contribution All States North East 30-11-2021
31-12-2021
GSTR-1 November-2021 11-12-2021
GSTR-3B November-2021 20-12-2021
Legal Metrology Quarterly Verification of Weights & Measures October 21 to December 21 Within 31-12-2021
FSSAI: Mandate for FBOs to mention their 14-digit FSSAI license/registration number on receipts, invoices, or bills on sale of products From October 21 Ongoing
FSSAI: FSSAI Labelling Compliance (for mouth fresheners, non-dairy products, food fortified with Iron, ingredients/additives, certain Articles of food, sweeteners, Edible Oils etc) November-21 Ongoing
FSSAI: Migration of State Licenses under Nutraceuticals to Central License November-21 Ongoing
PESO: Possession and transport of explosives of Class 2 or Class 3 not exceeding 25 kilogrammes: Monthly Return in Form RE-6 November-21 30-12-2021

C-Quel Weekly Compliance & ESG Round Up Series – 22nd Nov to 27th Nov, 2021

November 29, 2021 | by C-Quel Legal Research Team



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Date of Regulatory updates State/Central Act Subject Impact Analysis(Principal Employer Actionable)
22.11.2021 Goa Minimum Wages Act The Government of Goa vide Notification No. CLE/PA/MWA-VDA/(10)/2016/7013 has released the variable dearness allowance towards Minimum Wages effective from 1st October 2021. Principal Employer to ensure that all contractual agencies revise the rate of wages and wages of direct employees are also as per latest rates.
The notification needs to be displayed in the Notice Board.Payment of arrear wages for Oct’21 should be ensured.
08.11.2021 Goa National Festival and Holiday Act The Government of Goa vide Notification No. 37/4/2021-GAD-III/2548, has released holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
24.09.2021 Bihar National Festival and Holiday Act The Government of Bihar has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
27.08.2021 Andaman and Nicobar National Festival and Holiday Act The Secretariat of the Andaman and Nicobar Government has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
24.11.2021 Gujarat National Festival and Holiday Act The Government of Gujarat has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
26.11.2021 West Bengal National Festival and Holiday Act The Government of Gujarat has released the holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
16.11.2021 Central ESI ESIC Seeding Of UAN Number For Insurance Module ESIC vide notification number has requested to register EPF UAN as per the insurance module.
Therefore, employer can do login through www.esic.in till December 2021.

C-Quel Weekly Compliance & ESG Round Up Series – 15th Nov to 20th Nov, 2021

November 23, 2021 | by C-Quel Legal Research Team



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Date of Regulatory updates State/Central Subject Impact Analysis(Principal Employer Actionable)
16.11.2021 Central ESIC has relaxed and extended the timeline of remittance of contribution for the month of Oct’21 till 30.11.2021. Alongside, the return of contribution for the period April’21 to Sept’21 can be filed upto 15.12.2021. Employers to ensure the remittance for Oct’21 gets filed within extended date along with confirmation of filing of return for April’21 to Sept’21. The same is needed to be communicated across all vendors.
21.10.2021 Kerala The Government of Kerala has notified the list of holidays for 2022. All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
15.11.2021 Central Employees’ Provident Fund Organisation vide notification No. BKG-27/07/2020-BKG-Part(1)/E-40100/173, has amended the previous circular dated 15th June 2021. As per the amendment, the filing of ECR for UAN to seed with Aadhaar has been extended till 30th November 2021. The concerned field officers shall advise employers for implementation after the period of deferment. Employers to ensure that Aadhar seeding of remaining employees(On Roll and Off Roll) get done before 30th November 2021.
21.10.2021 Rajasthan The Government of Rajasthan has notified the list of holidays for 2022. All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
28.10.2021 Assam The Government of Assam has notified the list of holidays for 2022. All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
01.11.2021 Central ESIC vide circular No. S.N-15011/1/2021 has extended the implementation of the Employee’s State Insurance Act, 1948 in the entire area of Thanjavur and Coimbatore districts in the state of Tamil Nadu effective from 1st November 2021. This is in addition to the already implemented area of these districts. Establishments and factories operating in the Thanjavur and Coimbatore districts of Tamil Nadu need to obtain and ESIC code at the earliest, the same is applicable for all contractual agencies deployed at establishments and factories.
17.11.2021 New Delhi NCR State Governments to “encourage’’ work from home for 50% staff in all private establishments that fall in the NCR region till 21st Nov’21. Establishments operating at Delhi NCR region to pass on the message of working from home to all employees
15.11.2021 New Delhi 1.Govt of New Delhi has removed Form H & I. In place of that, Form G & attendance register has been introduced under Delhi Shops & Establishment.
2.Amendment of Shops RC can be processed online now.
1.Monthly registers need to be maintained as per latest prescribed forms.
2.Establishments to file amendment of RC online.
08.11.2021 Central ESIC vide notification no. No. N-12/13/1/2019 P&D has extended the relaxation in eligibility conditions in the Atal Beemit Vyakti Kalyan Yojana for period 01.07.2021 to 30.06.2022 with the same terms and conditions as notified on with enhanced rate of relief and relaxed eligibility conditions as notified in the Gazette of India,(Extraordinary), Part III – Section – 4 (Sl. No. 436) dated 16.10.2020. and Sl. No. 15 dated 11.01.2021.
Atal Beemit Vyakti Kalyan Yojana (ABVKY) scheme is a welfare measure for employees covered under Section 2(9) of ESI Act, 1948, in the form of relief payment upto 90 days, once in a lifetime.
Insured Person should have been in insurable employment for a minimum period of two years immediately before her/his unemployment and should have contributed for not less than 78 days
Need to be displayed in the Notice Board
17.11.2021 Odisha The Government of Odisha vide notification RDM-Reg-REGN-0080-2021-34561 has released holiday list for the year 2022 All establishments and factories to fix the holiday list for 2022 based on notification and file the return . Post filling the return it is required to be displayed in the Notice Board
12.11.2021 Kerala The Government of Kerala, Labour and Skills (E) Department has revised the variable dearness allowance for employment in Shops and Commercial Establishment and employment in Computer Software Sector. As per the Notification No.DES/859/2021-P3(1) , the Consumer Price Index (Cost of Living Index) Numbers applicable to employees in employment under the Minimum Wages Act (Central Act XI of 1948) for the month of September 2021 ascertained by the Director General of Economics & Statistics under clause (C) of Section 2 of the Act Establishments and factories need to adhere the latest rates of wages and make applicable changes in wage structure in case rates CPI index have increased.The contractors need to be apprised of the changes as well.
02.11.2021 Central Govt. of India amends Legal Metrolgoy Packaged Commpdity Rules to facilitate informed choices by consumers 1. Mandatory declaration of MRP in Indian currency inclusive of all taxes on pre packed products
2. For protection of Consumer rights, Unit Sale Price for all pre packed commodities meant for retail sale is introduced
3. Declaration of date of manufacture on the pre packed commodities is made mandatory for pre packed commodities under the revised rules
4. Declaration regarding commodities sold: for items sold by number, the number or unit or piece or pair or set or such other word which represents the quantity in the package shall be mentioned
5. The term Value Added Tax (VAT) or Turn Over Tax (TOT)”, the words, ―Goods and Service Tax”
15.11.2021 Central FSSAI anounces draft regulations on usage of Genetically Modified Organisms (GMOs) in food products 1. Outlines procedure for prior approval, safety assessment and labelling
2. Proposed regulations to apply to “Genetically Modified Organisms (GMOs) or Genetically Engineered Organisms (GEOs) or Living Modified Organism (LMOs) intended for direct use as food or for processing.
3. The scope of the regulations will include food products, that may have been made using food ingredient or processing aid derived from GMOs, even if GM content is not present in the end-product.
4. Genetically Modified Organisms or Genetically Engineered Organisms not to be used as an ingredient in infant food products.
5. Manufacture, storage, distribution, sale or import of any food or food ingredient, derived from Genetically Modified Organisms, except with the prior approval of the Food Authority now prohibited.
6. All food products having individual Genetically Engineered (GE) ingredient one per cent or more shall be labelled —Contains GMO/Ingredients derived from GMO
25.10.2021 Jharkhand Jharkhand Contract Labour Minimum wages revised wef 01st Oct 2021 Principal Employer to ensure that all contractual agencies revise the rate of wages as per the latest rates.The notification needs to be displayed in the Notice Board.Payment of arrear wages for Oct’21 should be ensured.

Compliance Calendar – NOV 2021

November 13, 2021 | by C-Quel Legal Research Team

Actscompliancenews

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Compliance Parameters For the Period (Month) Filling Due Date
Salary to be disbursed within 7th of month and full and final payment to be disbursed 2 days of termination (including contractor and subcontractor) As per OSH code 2020, contractor includes sub-contractor October-21 07-11-2021
ESI Half Yearly Return filling online April to Sept 2021 11-11-2021
International Worker Return filling October 2021 15-11-2021
Contribution Remittance under EPF & MP Act; Applicability on: Universal applicability October-2021 15-11-2021
Contribution Remittance under ESI Act; Applicability on: Universal applicability October-2021 15-11-2021
Labour Welfare Fund Payment & Return; Applicability on Kerala October-2021 21-11-2021
Bonus Payment – Universal applicability April 20 to March 2021 30-11-2021
Shops & Establishment Renewal; Applicability: Kerala (Renewal Fee Required), Assam Next Year 30-11-2021
Factory License Renewal; Applicability: Assam Next 1/3/5 Year 30-11-2021
Professional Tax PaymentAP, MP & Telangana October-2021 10-11-2021
Professional Tax Payment WB October-2021 21-11-2021
Professional Tax Payment Gujarat October-2021 15-11-2021
Professional Tax Payment Karnataka October-2021 20-11-2021
Professional Tax Payment Assam & Meghalaya October-2021 28-11-2021
Professional Tax Payment Maharashtra & Odisha October-2021 30-11-2021
GSTR-1 October-2021 11-11-2021
GSTR-3B October-2021 20-11-2021
Legal Metrology Quarterly Verification of Weights & Measures October 21 to December 21 Within 31-12-2021
FSSAI: Mandate for FBOs to mention their 14-digit FSSAI license/registration number on receipts, invoices, or bills on sale of products From October 21 Ongoing
FSSAI: Submission of half-yearly Form D 2 (Milk & Milk Products) April 21 to September 21 31-10-2021
FSSAI: FSSAI Labelling Compliance (for mouth fresheners, non-dairy products, food fortified with Iron, ingredients/additives, certain Articles of food, sweeteners, Edible Oils etc) October-21 Ongoing
FSSAI: Migration of State Licenses under Nutraceuticals to Central License October-21 Ongoing
PESO: Possession and transport of explosives of Class 2 or Class 3 not exceeding 25 kilogrammes: Monthly Return in Form RE-6 October-21 30-11-2021

HR Questions on Severance pay

November 13, 2021 | by C-Quel Legal Research Team

employmentHRnews

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 Is there any legislation establishing the right to severance pay upon termination of employment? How is severance pay calculated?

C-Quel Answers

The Industrial Disputes Act 1947 and, in some states, the applicable Shops and Establishments Act, provide for severance upon termination. Employees (workers in continuous service for a period of not less than one year) are entitled to the following severance pay in the event of termination of employment:

 

  • notice pay:
    • one month’s notice or salary in lieu thereof if the employee is employed in any establishment (such as a factory) with less than 100 employees and has completed one year of continuous service. This would also apply with respect to an establishment in the service sector (with up to 100 workers); or
    • three months’ notice or salary in lieu thereof if the employee is employed in a manufacturing unit (and certain other establishments) with 100 or more employees and has worked for a continuous period of one year;
  • retrenchment compensation: this is only payable to employees in the worker category who have completed one year of continuous service. It is payable at the rate of 15 days’ salary for every completed year of service or any part thereof in excess of six months;
  • gratuity: every employee who has completed five years of continuous service is entitled to payment of gratuity at the rate of 15 days’ salary for every completed year of service. Statutorily, gratuity payments are capped at 2 million rupees;
  • leave encashment: every employee should be paid for the leave that has accrued but that has not been availed of; and
  • other benefits: employees are entitled to any other benefits (including any bonus that may be payable or payment for overtime work) as may be agreed upon between the parties or that are part of any agreement.

HR FAQ on Dual Employment

August 12, 2021 | by C-Quel Legal Research Team

ActsnewsRules

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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

Food Safety Compliance Update: FSSAI License/Regd. Number mandated to be mentioned in all tax invoices

July 1, 2021 | by C-Quel Legal Research Team

FSSAInews

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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.

Click Here to Read More

Covid Relief Update: Worker Death Benefits announced by Govt. of Haryana

June 23, 2021 | by C-Quel Legal Research Team

CovidHaryananews

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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

Click Here to Read More

Fathering the Business : How One Biz Leader Made Empathy the Key Driver

June 21, 2021 | by C-Quel Legal Research Team

FathersDay

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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 !

ESIC Covid Welfare: Death Benefits Extended to Dependants of Deceased Beneficiaries

June 4, 2021 | by C-Quel Legal Research Team

CovidESIClatestEPFnews

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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

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Breaking EPF News : Immediate Aadhaar Linking for PF Remittance

June 2, 2021 | by C-Quel Legal Research Team

EPFOlatestEPFnewsPF Contribution

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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)

Permitted Activities During Night Curfew & Weekend Lockdown

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidRulesTamil Nadu

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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

Click here for more

Permitted Activities During Night Curfew & Weekend Lockdown

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidKarnatakaRules

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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.

Click here for more

Permitted Activities During Night Curfew & Weekend Lockdown

May 29, 2021 | by C-Quel Legal Research Team

ActsAndhra PradeshCovidRules

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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.

Click here for more

Relaxation to Industries having Continuous Process & Permitted Activities

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidRulesTamil Nadu

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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.

Click here for more

Relaxation to Industries having Continuous Process & Permitted Activities

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidKarnatakaRules

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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.

Click here for more

Relaxation to Industries having Continuous Process & Permitted Activities

May 29, 2021 | by C-Quel Legal Research Team

ActsAndhra PradeshCovidRules

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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

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Wave 2 Compliance Orders from State Govts for Business : Self-Certification by Factories

May 29, 2021 | by C-Quel Legal Research Team

ActsAndhra PradeshCovidRules

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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.

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Covid Leave & Quarantine With Pay for Factory Workers

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidRulesTelangana

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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.

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Wave 2 Compliance Orders from State Govts for Business : PPE Usage

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidRulesTelangana

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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.

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Quality & Standards of PPE for Factories

May 29, 2021 | by C-Quel Legal Research Team

ActsCovidGujratRules

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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.

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