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News & Updates

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

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.

45 carried forward leaves in Karnataka

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.

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.

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.