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Test 1

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

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    Test 1

    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

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    P F UPDATES

    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

    		•

    “The Salary Question” – How much money do you want?


    TRAPS:  Mayalso be phrases as, “What salary are you worth?”…or, “How much are you makingnow?”  This is your most importantnegotiation. Handle it wrong and you can blow the job offer or go to work atfar less than you might have gotten.

    BEST ANSWER:  Formaximum salary negotiating power, remember these five guidelines:

    1. Neverbring up salary.  Let the interviewer doit first.  Good salespeople sell theirproducts thoroughly before talking price. So should you.  Make the interviewerwant you first, and your bargaining position will be much stronger.
    2. Ifyour interviewer raises the salary question too early, before you’ve had achance to create desire for your qualifications, postpone the question, sayingsomething like, “Money is important to me, but is not my mainconcern.  Opportunity and growth are farmore important.  What I’d rather do, ifyou don’t mind, is explore if I’m right for the position, and then talk aboutmoney. Would that be okay?”
    3.  The#1 rule of any negotiation is:  the sidewith more information wins.  After you’vedone a thorough job of selling the interviewer and it’s time to talk salary,the secret is to get the employer talking about what he’s willing to pay beforeyou reveal what you’re willing to accept. So, when asked about salary, respond by asking, “I’m sure the companyhas already established a salary range for this position. Could you tell me what that is?”  Or, “I want an income commensurate with myability and qualifications.  I trustyou’ll be fair with me.  What does theposition pay?” Or, more simply, “What does this position pay?”
    4. Knowbeforehand what you’d accept.  To knowwhat’s reasonable, research the job market and this position for any relevantsalary information.  Remember that mostexecutives look for a 20-25%$ pay boost when they switch jobs. If you’regrossly underpaid, you may want more.
    5. Neverlie about what you currently make, but feel free to include the estimated costof all your fringes, which could well tack on 25-50% more to your present“cash-only” salary.



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