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STRICTLY STATUTES – AUGUST 2013A Newsletter from ADP India
Compliance Calendar for August 2013
Professional Tax Remittances
Labour Welfare Fund Remittances
PF
and nationality
ESI
Contribution21st Aug 13Main Code & Sub Codes - Remittance of ESIC Act 1948 By Challan
15th Aug 13 Central - Remittance of Contribution EPF & MP Act 1952 By Challan
15th Aug 13Central - International worker with wages EPF & MP Act 1952 Statement in IW1
20th Aug 13 Kerala Kerala State LabourWelfare Fund
By Challan
10th Aug 13 Andhra Pradesh & Madhya Pradesh State Wise regulations By Challan
15th Aug 13 Gujarat Gujarat PT regulations By Challan
20th Aug 13 Karnataka Karnataka PT regulations By Challan
21st Aug 13 WB WB PT regulations By Challan
30th Aug 13 Maharashtra, Assam & Orissa State Wise regulations By Challan
31st Aug 13 Kerala State Wise regulations By Challan
Due Date Scope Due under Mode
In a case of Workman Sohan Lal Vs Addl. District and Sessions
Judge , Honourable Justice of Punjab & Haryana High Court Mr Raj
Naraian Raina J (CWP No. 6856/2002, Dt 22-05-2013) had
awarded that a part time employee will be a workman under
Industrial dispute act. Hence termination of service without payment
of retrenchment compensation and one month’s notice period pay in
lieu thereof would be illegal.
A part time worker isa ‘workman’ underIndustrial Dispute
Act
He also declared keeping in view that part-time sweeper has worked
for three years and three months only, despite that his termination being illegal, he will be entitled
to compensation of Rs. 1 Lakh in lieu of reinstatement.
SECTIONS REFERRED
Industrial Dispute Act, 1947 – Section 2(a), Workman-Part Time Sweeper- whether a workman?
Labour court followed the judgement of Supreme Court holding that a part-time employee will be
a workman
Industrial Dispute Act, 1947 – Section 25-F, Compliance of conditions precedent pertaining to
payment of retrenchment compensation and one month’s notice or pay in lieu thereof at the time of
termination- Non-payment of Compensation to the employee who is a workman- the labour court
erred in holding that there was no violation of Sec 25-F of the act
Compensation – In lieu of reinstatement –Termination of a part-time sweeper without compliance of
Sec 25-F of The Industrial Dispute Act though entitled to reinstatement but keeping in view the
short duration of three years and three months, compensation of Rs. 1 Lakh would be appropriate.
A JUDGEMENT TO FEEL ABOUT
Source: http://www.business-standard.com/article/pf/epfo-to-start-online-service-for-transfer-claims-by-aug-15-113072800102_1.htmlEPFO to start online service for transfer claims by Aug 15
Retirement fund body EPFO is likely to start online transfer of PF accounts on changing jobs by this
Independence Day on August 15, a move that would benefit over 13 lakh such applicants every year.
The Employees' Provident Fund Organisation (EPFO) has started registering digital signatures of employers
from Thursday which is a prerequisite for providing the facility and is expecting an overwhelming response
from employers.
According to sources, EPFO is hopeful that a sizable number of firms would get their digital signatures
registered in the next two weeks and the body can then launch the service.
The source said that the body is planning the launch of service to coincide with Independence day, which would
be followed by an awareness campaign to make it popular.
The source said that EPFO is expecting establishments which constitute 80% of the transfer claims from sectors
like IT, to register their digital signature in next 2 weeks.
Once the service is launched, subscribers would be able to apply online for transfer claims through their
employers. It has set up a central clearance house for the purpose.
During 2012-13, 107.62 lakh claims were settled, of which 88% were processed within 30 days, as prescribed
by the body's citizen charter.
EPFO expects 1.2 crore claims in 2013-14, including around 13 lakh PF transfer claims. It plans online
settlements of about 10 lakh transfer claims of tech-savy applicants from industries such as IT, this fiscal.
The body has planned to reduce the time for transfer of PF account to three days through this online service.
UPDATE ON MARKET TRENDS & LABOUR LEGISLATION
A message from PF authorities
Sexual harassment at work place may lead to termination of service of the accused, withholding of promotions
and increments, and payment of reasonable compensation to the complainant.
These are some of the penal provisions in the rules being drafted by the Ministry of Women and Child
Development to implement the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act
2013, which came into being in February.
According to the proposed rules, if allegations against the accused turn out to be false and after inquiry, are
found to be made with a malicious intent, the complainant may face similar penal provisions as listed for
the accused.The rules suggest the constitution of a local complaints committee which should have a social worker with five
years of experience in the relevant field, a person familiar with labour, employment, civil or criminal law.
The district-level child protection society constituted under the Integrated Child Protection Scheme (ICPS) or
any other district-level crisis centre for women would provide logistic support for this committee.
Under the "manner of inquiry into the complaint", the accused will be required to reply along with list of
documents and details of witnesses within 10 days of the complaint made and complaints committee in
turn will have to conduct a hearing within 10 days of the receipt of accused's version.
The rules also suggest the committee should ensure that face-to-face encounter of complainant and accused
is avoided.
The committee may issue a restraint order warning the accused that any attempt on his part or by persons
acting on his behalf to contact or influence or intimidate or exert pressure on the complainant or
witnesses may prove prejudicial to his case.As per the rules, the accused will be provided with a copy of the statement by the committee and if the former
does not agree with the statement, opportunity should be given to the accused to refute the allegations. At
no point during the proceedings, either of the parties should be allowed to bring in any legal representative to
argue their case.To provide relief during the pendency of proceedings, the accused may be restrained from reporting on the
work performance or confidential report of the aggrieved and assign it to another officer.
In case of an educational institution, the complaints committee shall have the power to restrain the accused
from supervising any academic activity of the complainant including but not limited to evaluation,
examination, re-examination and supervision of research by the aggrieved.
UPDATE ON MARKET TRENDS & LABOUR LEGISLATION
Press trust of India, New Delhi, 28 July
According to the proposed rules, the complaints committee may have the right to terminate inquiry
proceedings and give an ex-parte decision if the complainant or the accused fails to be present during
the hearing without any valid reasons for three consecutive hearings.
For the purposes of section 9(2) of Act, the rules suggest that if the aggrieved is unable to complain on
account of physical incapacity, a complaint can be filed by her legal heir or any relative or friend, a co-worker,
national/state women's commission, a member of staff association (Union) of which she was a member,
provided that written consent of the woman is obtained prior to filing such a complaint. Apart from that, the
rules suggests that a special educator, qualified psychologist/psychiatrist or an authority under whose care
the person is receiving treatment may also file a complaint.
In case of death of the aggrieved, a complaint may be filed by her legal heir or any other person who has
knowledge of the sexual harassment with the consent of the legal heir.
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