India HR Info: A P Contract employees Minimum Wages w.e.f. 17-01-2012

LATEST OTHER UPDATES

ID Act 2010

Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act

Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act

Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act

Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances

Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal

Link to ID Act (Amnd) Act, 2010

GRATUITY ACT

GRATUITY MAXIMUM LIMIT INCREASED FROM RS. 350000 TO RS. 1000000 (FOR PRIVATE COMPANIES EMPLOYEES)

THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009

Given below are the synopsis of the changes.

THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.

The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.

The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.

actual reimbursement of medical expenses incurred on account of injury caused during course of employment.

Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.

Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.

The Commissioner shall dispose compensation cases within a time period of 3 months.

Download Emploee's Compensation (Amnd) Act, 2010

Download Emploee's Compensation Wage Limit Notification

ESIC UPDATES

Employees’ State Insurance (Amendment) Act, 2010.

Following are the some salient feature of the ESI (Amendment) Act, 2010.

Extension Of The ESI Scheme To The Construction Site WorkerS :

The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.

APPRENTICES COVERED:

Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.

POWER TO APPROPRIATE GOVERNMENT;

The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.

DEFINITION OF DEPENDENT EXPANDED:

Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:

A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.

Dependent parents as per definition of “family” has been substituted so as to include;
“A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.
SMALL FACTORIES ALSO ARE COVERED:

The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.

INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:

The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.

VRS EMPLOYEES ALSO COVERED:

Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.

NOTIONAL EXTENSION OF PREMISES:

Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.

UNORGANIZED SECTOR EMPLOYEES COVERED:

A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).

Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.

Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act

Download ESI (Amendment) Act 2010

ESIC ONLINE PORTAL:

ESIC Launched New Online Portal for Submitting Application and Returns

ESI WAGE CEILING:

ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010

Download ESI Wage Ceiling Notification

P F UPDATES

EPFO Launched new Grievance Management Portal

Enhancement of the cash benefit on Pension:

Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010

Download Notification

EPF(Amendment) Scheme, 2011

MINISTRY’ OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 15th January, 2011

G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

   (2) It shall come into force from the 1st day of April, 2011

2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

“(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

   (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

   (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

    [F. No. S-35012/01/2010-SS-1I]
S. K.. DEV VERMAN, Jt. Secy.

For more details :
The PF old balance will stop earning interest. After three years of inactivity.
Download Notification

A P Contract employees Minimum Wages w.e.f. 17-01-2012

GOVERNMENTOF ANDHRA PRADESH

ABSTRACT

The CONTRACT LABOUR(Regulation & Abolition) Act, 1970 – Revision of wages of contract Labourunder Service Condition No.12, read with Clause

(b) of sub Rule (v) of Rule 25 of the AndhraPradesh Contract Labour (R&A) Rules, 1971 – Final Notification foramendment of Service Condition No.12 – Issued.

LABOUREMPLOYMENT TRAINING AND FACTORIES (LAB.II) DEPARTMENT

G.O.Ms.No. 11 Dated:17.01.2012

Readthe following:-

1. A.P. Gazette Extra-ordinary Notification No.6,

dated:18.08.2009.

2. G.O.Rt.No.1337, of LET & F (Lab.II) Dept,dt:27.11.2010.

3. G.O.Rt.No.994 of LET & F (Lab.II) Dept,dt:15.06.2011.

4. From the COL, Lr.No.S1/3622/2009, dt:28.11.2011.

***

ORDER:-

The Commissioner,Printing, Stationery and Stores Purchase, Hyderabad is requested to publish theappended Notification in the Extra-ordinary issue of the Andhra Pradesh Gazettein English, Telugu and Urdu languages.

(BY ORDER ANDIN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

D.SREENIVASULU

SECRETARYTO GOVERNMENT

TheCommissioner, Printing, Stationery and Stores Purchase, Andhra Pradesh,Hyderabad for publication in the Extra-ordinary issue of Andhra Pradesh Gazetteand supply 20 copies to Government, 1000 copies to the Commissioner of Labour,Andhra Pradesh, Hyderabad.

The Commissioner of Labour, Andhra Pradesh, Hyderabad.

All District Collectors,through Commissioner of Labour, Andhra Pradesh, Hyderabad.

The Secretary toGovernment of India, Ministry of Labour & Employment, Shramshakti Bhavan,New Delhi.

The Secretary toGovernment, Department of Labour & Employment, Government of Tamilnadu,Chennai.

The Law (B) Department. Copy to:

The OSD to M (LETFB & ITIs)

The P.S. to Secretary, LET & F Department.

The P.A. to Joint Secretary, LET & FDepartment. Sf/Sc.

// FORWARDED :: BY ORDER //

SECTIONOFFICER

FINALNOTIFICATION

Government issuedPreliminary Notification published in the Andhra Pradesh Gazette No.448,dated:12.08.2011 vide G.O.Rt.No.994, Labour Employment Training & Factories(Lab.II) Department, dt.15.06.2011. After considering proposing to revise thewages of contract labour the objections and suggestions offered by therepresentatives, the managements and unions on the above preliminarynotification and in accordance with the sub clause (b) of clause (v) of theRule 25 of the Andhra Pradesh Contract Labour (Regulation & Abolition)Rules, 1971, the Service Condition No.12 specified under the above Rule, shallbe substituted as follows namely:-

“12. Wage Rates:

(i)Where no rates of wages have been regulated by way of agreement / settlement /award or no wages have statutorily been prescribed under Minimum Wages Act,1948, for such employment or for any category or class of workmen, thecontractor shall pay wages as prescribed in the schedule.

(ii) To arrive atdaily wage, the monthly wage shall be divided by 26 which is inclusive ofholiday wages.

(iii) If statutorywages or wages regulated as per award / settlement / agreement which are inforce are more beneficial to the workmen, the workers shall be entitled to suchrates of wages notwithstanding the rates of wages fixed under his / her serviceconditions.

(iv) Where any category of worker is actually inreceipt of higher rates of wages than the wages specified under this servicecondition he / she shall be continued to be paid such higher wages.

(v) Where piecerate workers are employed in operation of the establishment, the wages paid tosuch worker for a normal working day of 8 hours shall not be less than thewages fixed for a general worker in that operation doing similar work.

(vi) The rates of wages payable to the workmen by thecontractor shall not be less than the rates prescribed under the Minimum WagesAct, 1948 (11 of 1948) for such employment where applicable and where the rateshave been fixed by agreement, settlement or award, not less than the rates sofixed, as per Rule 25(iv).

(vii) In case where the workmen employed by thecontractor perform the same or similar kind of work as the workmen directlyemployed by the principal employer of the establishment, the wage rates,holidays, hours of work and other conditions of service of the workmen of thecontractor shall be the same as applicable to the workmen directly employed bythe principal employer of the establishment on the same or similar kind ofwork;

Provided thatin the case of any disagreement with regard to the type of work, the same shallbe decided by the Commissioner of Labour, Andhra Pradesh, whose decision shallbe final. (As per rule 25(v)(a)).

(viii) In accordance with service condition No.12 – Aunder rule 25 (v)

(b) of the Andhra Pradesh Contract Labour (R&A)Rules, 1971, the payment of wages shall be made by way of cheque or bycrediting to the bank account of the concerned employee.

(ix) For categoriesnot included in this notification, the minimum wages fixed / revised in therespective scheduled employments under the Minimum Wages Act, 1948 shall beapplicable.”

THE SCHEDULE

WAGES OF THE CONTRACT LABOUR NOTIFIED UNDER RULE 25 (v)(b) OF

THE A.P. CONTRACT LABOUR (R&A) RULES, 1971.

Sl.

Name of the Category (Technical)

Basic

Cost of Living

No.

Wage

Allowance to be

(Rs.)

paid per each

point of increase

(in Rs.)

Highly Skilled

Supervisor / Foreman / Chargeman

/ Shift Supervisor / Offset Printer /

Senior Chemist / Works Supervisor

/ Technical Supervisor / Senior

Mechanic / Senior Fitter / Senior

Welder

Section

Incharge

10079

11.85

Draughtsman

Computer

Progarammer / Assistant Production

Manager / Assistant Engineer and

other similar categories.

Definition: The job involves high

degree of skill, judgment and

capacity to supervise.

Skilled:

Lab Technician / Maistry in any

trade / Quality Checker / Production

Assistant / Field Assistant / Machine

man / Assistant Foreman / Welder /

Fitter / Carpenter / Machinist /

Blacksmith / Mechanic / Electrician,

Mason / Lineman / Pump Operator /

9.50

Painter

Blacksmith

Turner

8079

Lathe Operator / Grinder / Driller /

Vulcaniser

and

other

similar

categories.

Definition:

The

employee

should

have skill and capacity to work

independently.

3. Semi-skilled:

AssistantWelder / Assistant Carpenter / Assistant Mechanic / Assistant Electrician /Assistant Machinist / Assistant Painter / Assistant Mason / AssistantBlacksmith / Assistant Turner /

Assistant Lathe Operator / Assistant
Grinder / Assistant Driller / Assistant	6579	7.75
Maistry / Gardener and other similar	6579	7.75
Maistry / Gardener and other similar
categories.

Definition:

Semi-skilledemployee is one who had a minimum of one year experience in the trade and ableto do repetitive work and simple jobs with the help of simple tools ormachines.

4. Unskilled:

Helper/ Attender / Watchman / Hamali / Ayah and such other similar categories

	Definition: An unskilled employee is	5579	6.55
	one who attends work that involves	5579	6.55
	one who attends work that involves
	the performance of the simple tasks
	which require little or no experience.
	No worker shall be classified as
	unskilled if he is called upon to
	operate any machine.
	Office Staff
1	Manager	10079	11.85
2	Steno / Accountant	6579	7.75
3	Clerk / Typist / Cashier / Data Entry	6079	7.15
	Operator
4	Unskilled:	5579	6.55
	Helper / Attender / Watchman /
	Hamali / Ayah and such other similar
	categories

COST OF LIVING ALLOWANCE

The minimum basic rates ofwages fixed are linked to the Consumer Price Index Numbers for the industrialworkers at 847 points (Base Year 1982=100 series). The Commissioner of Labourshall notify the Cost of Living Allowance for every six months i.e. 1^stApril and 1^st October. For this purpose, the average rise inthe State Industrial Workers Consumer Price Index numbers for half year endingDecember and June respectively shall be taken into account. The details ofcalculation of Cost of Living Allowance for any rise in consumer of Price Indexover and above 847 points are specified at Col.No.4 against each category inschedule.

D.SREENIVASULU

SECRETARYTO GOVERNMENT