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News & Updates

HR FAQ on Dual Employment

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

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

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.

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

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 !

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

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

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Breaking EPF News : Immediate Aadhaar Linking for PF Remittance

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)

Ease of Logistics: Central Govt. constitutes Control Room for monitoring & complaints

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:

  • Manufacturing
  • Transportation
  • Distribution
  • Wholesale
  • E-commerce

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]

Central Govt. suggests various amendments through Apprenticeship Act concept note

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:

  • Inclusion of educational/ training institutions in the definition of Establishment to enlarge the scope of apprenticeship
  • Expansion of apprenticeship by inclusion of virtual learning/training modes
  • Allowing Part-time Apprenticeship
  • Permitting Indian companies to send apprentices to offshore sites in foreign countries
  • Permitting multiple training venues including training at client/supplier locations or premise of other companies within India
  • Enhanced roles for Third Party Aggregators to support establishments
  • Replacing the provision of contract approval by apprenticeship advisors, with provision of mere intimation of contract to the authorities
  • Alignment with the new Labour Codes

Aadhaar made mandatory for benefits under Social Security Code

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.

New Compliance Obligations for Employers: Migrant Workers Registration & Benefits

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

Apprenticeship Act, soon to become self-governing

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.

Amendment in Corporate Social Responsibility Rules

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.

PF contribution over 2.5 Lakhs will be taxable

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.

EHS and Safety Non-Compliance is Costing Companies Dearly

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.

Compliance Alert for E-commerce Platforms: Notice under Legal Metrology and Consumer Protection Rules

March 5, 2021 | by C-Quel Legal Research Team

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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.

Rs 5 Crore fine for plastic packaging of Cigarettes

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.

EPFO launches Freedom 2021

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.

Plantation workers may get ESIC benefits

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.

Gratuity Becomes Mandatory for Fixed Term Employees

February 24, 2021 | by C-Quel Legal Research Team

Labour Codes 2020OSH Codes

Under the new Social Security and OSH Codes, gratuity now becomes mandatory for fixed-term employees, irrespective of five-years tenure. The code also allows fixed term employees to avail leave encashment, resulting in an increase in their take home salary.
Employers will need to review their existing salary structure to comply with these new codes.

Breaking News! Government to make PF contributions for 2 years for these categories of employees

November 21, 2020 | by C-Quel Legal Research Team

AtmanirbharBharatRojgarYojana3EPFsubsidylatestEPFnews

New employees recruited by such companies will be those who have either lost job between March 1 and September 30 or those who didn’t have employee provident fund number earlier Hurry !
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