ADP_India_Strictly_Statutes_Newsletter

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STRICTLY STATUTES AUGUST 2013 A Newsletter from
ADP India
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Compliance Calendar for August 2013
Due Date
Scope
Due under
Mode
Professional Tax Remittances
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
Labour Welfare Fund Remittances
20th Aug 13
Kerala
Kerala State Labour Welfare Fund
By Challan
PF
15th Aug 13
Central - Remittance of Contribution
EPF MP Act 1952
By Challan
15th Aug 13
Central - International worker with wages
EPF MP Act 1952
Statement in IW1
and nationality
ESI
21st Aug 13
Main Code Sub Codes - Remittance of
ESIC Act 1948
By Challan
Contribution
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A JUDGEMENT TO FEEL ABOUT
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 months notice period pay in
lieu thereof would be illegal.
A part time worker is a workman
under Industrial 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
months 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.
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UPDATE ON MARKET TRENDS LABOUR LEGISLATION
A message from PF authorities
Source http//www.business-standard.com/article/p
f/epfo-to-start-online-service-for-transfer-claims
-by-aug-15-113072800102_1.html
EPFO 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.
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UPDATE ON MARKET TRENDS LABOUR LEGISLATION
Press trust of India, New Delhi, 28 July
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.
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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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