August 12, 2021 | by C-Quel Legal Research TeamActsnewsRules
Question from HR: An employees joined our company on Dec 21, 2020, whereas his last working day with the previous organization was Jan 04, 2021. How should HR deal with this case as per compliance and compliance legal opinion?
Reply : 1) Joint declaration has to be submitted by the Present Employer & the Employee why the employee was onboarded before being released by the previous company
2)Online PF transfer case is likely to be rejected because of the clash in DOL & DOJ . This will require an offline representation to the concerned PF office, the success of which is not guaranteed
3)Under the circumstances it is better for the employee to give in writing his voluntary decision that DOJ on the PF portal and other govt registrations should be considered from 5th or 6th Jan 2021
July 1, 2021 | by C-Quel Legal Research TeamFSSAInews
To ensure transparency and increase overall awareness, the Food Safety & Standards Authority of India has issued an order dated 8th June, 2021, mandating all Food business operators, holding a FSSAI License or Registration to declare their 14-digit license/regd. number on all tax invoices.
Tax invoices would include cash receipts, purchase invoices, cash memos, bills etc. Only Government documents that are system generated like the GST e-way bill shall stand exempted from this requirement.
While providing adequate time, the Food Safety body has mandated all Food Business Operators to ensure strict compliance of this order from 1st October, 2021.
June 23, 2021 | by C-Quel Legal Research TeamCovidHaryananews
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
May 12, 2021 | by C-Quel Legal Research TeamactCovidnewsSafety
The Department of Promotion of Industry and Internal Trade (DPIIT), Govt. of India, in a move to provide ease of transportation and delivery of goods, manufacturing activity, delivery of essential commodities, has set up a Control Room to monitor logistics issues faced by stakeholders.
The Control Room will serve as a one-point contact to raise any grievance in regard to transportation hassles arising out of Covid restriction in States and UTs across India.
Special emphasis has been given to the following sectors:
Stakeholders can obtain information and raise grievances through the following contact number and e-mail id ( 8 am to 10 pm)-
Telephone: (011) 23062383, 23062975
E-mail: [email protected]
May 12, 2021 | by C-Quel Legal Research TeamactApprenticenews
With an objective to enhance apprenticeship opportunities for the youth, the Ministry of Skill Development & Entrepreunership has introduced a Draft Concept note on the Apprentices Act, 1961, while proposing various amendments.
Following are the key takeaways in the proposed amendments:
May 11, 2021 | by C-Quel Legal Research TeamLabour Codes 2020news
In a move to facilitate the creation of an all-India worker-database, mainly aimed at providing social security benefits to migrant workers, the Ministry of Labour has notified section 142 of the new Social Security Code, 2020 for social security benefits to workers, through mandatory linkage with Aadhar.
Section 142 of the Social Security Code, 2020 mandates the establishing of identity of an employee or an unorganised worker or any other person through Aadhaar number for seeking social security benefits and services under the Code.
As per a Labour Ministry press release, the National Database for Unorganised Workers (NDUW), a digital initiative by the Central Govt. for collection of data for migrant & unorganised workers, is in the final stages of development. Once launched, interstate migrants can register themselves on the NDUW portal to avail social security benefits through Aadhaar.
The Press note also clarifies that currently no benefits will be denied to workers for lack of Aadhaar linking.
May 11, 2021 | by C-Quel Legal Research TeamnewsPOSH
The Industries, Energy & Labour Department, Maharashtra Govt has issued a notification appointing 20 Industrial Courts as Appellate Authority in respective districts under Sexual, Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
This notification was issued pursuant to the order of the Bombay High Court Division Bench in the case of Dasharath Kallappa Bhosale v. State of Maharashtra & Ors. (WP No 786 of 2021), where the Court observed that the Govt, was yet to issue a notification to designate the Appellate Authority as per the POSH Act & Rules.
The Bench was hearing a plea challenging an order passed by the Local Complaints, Pune imposing penalty on the petitioner. Aggrieved by the order, the petitioner had preferred an appeal before the Industrial Court which was rejected, on the ground of lack of jurisdiction to entertain the Appeal.
March 12, 2021 | by C-Quel Legal Research TeamLabour Codes 2020newsOSH Codes
The OSH Code, 2020 has laid out enhanced compliance obligations for employers towards migrant workers. Employers shall have to recast their contract labour compliance obligations in a major way:-.
1. Every inter-state migrant worker, who, on his own will, or has been brought by the employer, to a state other than his state of origin for the purpose of employment, shall be registered as a migrant worker.
2. The registration of migrant workers has been made mandatory under the OSH code.
3. Details such as name, occupation, address, occupation type, educational qualification, skill types and family details to be registered.
4. The registration shall be seeded with Aadhaar to maintain National Database of Unorganized Workers (NDUW).
5. They shall be provided with an ID card wherein their state of origin shall be mentioned.
6. An annual journey allowance shall be provided to each migrant worker if their wages is less than 18 thousand.
7. The Code is applicable to every establishment where 10 or more inter-state migrant workers are employed or were employed on any day of the preceding twelve months
March 12, 2021 | by C-Quel Legal Research TeamactApprenticenews
Major changes have been proposed in the apprenticeship act:
1. A shift from government regulation to self-governance. This is to enhance apprenticeship opportunities and to sync with labour reforms and safety measures.
2.The amendment of the act will bring flexibility in training and employment since it will allow outsourcing of apprentices to third parties.
3. This will include new sectors such as staffing companies for outsourcing.
4.Companies will be able to hire apprentices for their foreign operations as well.
5.Under the new amendment, executive authorities will be fined for failure to take apprentices.
March 12, 2021 | by C-Quel Legal Research TeamLabour Codes 2020news
The Ministry of Corporate Affairs has amended the Corporate Social Responsibility (CSR) Rules with major changes:
1. As per Companies Act 2013, all companies with a turnover of more than Rs 1,000 crore, or net worth more than Rs 500 crore, or net profit more than Rs 5 crore had to spend at least 2% of their three-year annual profit towards CSR in one financial year. Under new multi-year project, they can now spend more than 2% of expenditure in any fiscal year for up to three financial years.
2. Organizations with CSR obligation worth more than Rs 10 crore in previous three FYs needs to mandatorily hire an independent impact assessment agency for CSR projects with expenditure of over Rs 1 crore.
3. Only 5% of the annual CSR expenditure up to Rs 50 lakh can be spent on impact assessment.
4. Organisations registered to promote charitable causes and, allowed to use profits for the same without distributing profit dividends to the shareholders shall be registered with the government by April 1, 2021.
And such organisations are not authorized to conduct CSR activities on behalf of business organisations.
March 12, 2021 | by C-Quel Legal Research TeamLabour Codes 2020news
Under the new Karnataka Shops and Commercial Establishments (Second Amendment) Act, 2020, section 15(7), provision of annual leave with wage has been amended. As per the new amendment, the total number of days of leave that may be carried forward to a succeeding year is increased to forty-five days.
Earlier, the maximum limits of carried forward days was thirty.
March 5, 2021 | by C-Quel Legal Research TeamEHSnewsSafety
Interim environmental damage compensation goes up to Crores
1. The Central Pollution Control Board (CPCB) has asked a Hyderabad-based cigarette making company to pay Rs 5 crore as ‘Interim Environmental Compensation’ for plastic packaging of cigarettes. Under the Plastic Waste Management Rules, 2016 and the guidelines issued by the National Green Tribunal, the usage of plastic in any form is prohibited as per the rules for packaging of any form of tobacco, including cigarettes.
2. The Gujarat Pollution Control Board (GPCB) has issued closure notice to United Phosphorus Limited’s factory unit after a massive blast due to negligence in safety precautions. The high intensity fire had caused damage to nearby plants and contaminated wastewater accumulation due to firefighting. GPCB has also fined the company with Rs 1 crore as interim environmental damage compensation.
Negligence in factory safety resulted in accident involving industrial robot
1. The supervisor and some staff of an automobile component company have been booked for an offence causing death due to negligence in maintaining factory safety and mandates.
2. The deceased was working at a robotic assembly line where a robotic unit fell on him, sustaining critical injuries on head and neck. This has been reported that the deceased was not wearing a helmet or any other safety equipment when the accident occurred.
March 5, 2021 | by C-Quel Legal Research TeamFSSAInews
The Confederation of All India Traders (CAIT) has alleged that e-commerce and food delivery portals in India are not complying with the mandatory declaration provisions of the Legal Metrology and Consumer Protection Rules, which was introduced to bring complete transparency between the manufacturer/seller of the goods and the consumer.
Under rule 10 of amended LM rules and rule 4 (2) of Consumer Protection rules, it is mandatory for an e-commerce entity to provide and disclose correct information of a commodity or goods as a label, which is understandable and accessible by the consumer.
As per the guidelines issued by the Food Safety and Standards Authority of India (FSSAI), online sold food items shall be considered as pre-packaged food since these are not packed in the presence of the consumer.
The e-commerce entity shall be liable to be punished if it fails to provide such information from the manufacturer/seller.
March 5, 2021 | by C-Quel Legal Research TeamLabour 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.