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News & Updates

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.

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.

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

FSSAInews

The Confederation of All India Traders (CAIT) has alleged that e-commerce and food delivery portals in India are not complying with the mandatory declaration provisions of the Legal Metrology and Consumer Protection Rules, which was introduced to bring complete transparency between the manufacturer/seller of the goods and the consumer.

Under rule 10 of amended LM rules and rule 4 (2) of Consumer Protection rules, it is mandatory for an e-commerce entity to provide and disclose correct information of a commodity or goods as a label, which is understandable and accessible by the consumer.

As per the guidelines issued by the Food Safety and Standards Authority of India (FSSAI), online sold food items shall be considered as pre-packaged food since these are not packed in the presence of the consumer.

The e-commerce entity shall be liable to be punished if it fails to provide such information from the manufacturer/seller.

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.