Employees' State Insurance Corporation - special drive

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ADP India the payroll experts present Newsletter. Employees' State Insurance Corporation through a special drive to cover all the units/Employees covered under EPEO has decided to conduct all India special drive from 24-3-2014 onwards for a period of one month to ensure coverage of all the units covered under EPFO. RO & SRO will ensure the list of covered units from offices of EPFO along with details of employees for whom contribution has been paid by the employer.

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Employees' State Insurance Corporation - special drive

  1. 1. Compliance Calendar for June 2014 Abandonment of job presumed when employee did not respond to.. Transfer of an employee cannot be stayed merely because of medical problem Principal employer not liable to pay ESI contribution… Bonus can be claimed under ID Act Termination, one month notice pay… Oscar Fernandes lays foundation stone of ESIC medical college Permanent PF account number from October TABLE OF CONTENTSEDITOR’S NOTE Hello Readers, The Compliance Calendar for June 2014 shows that remittances are due for both PF and ESI. In important judgements, The Honourable Delhi High Court has held that abandonment of job is presumed when the employee has not responded to reminders for resuming duties. It has also held that no relief can be granted to a temporary workman and his termination is excluded by Section 2, Clause (oo) subclause (bb) of the ID Act. The Honourable Himachal Pradesh High Court has held that Bonus can be claimed under ID Act if employee is eligible under the Payment of Bonus Act. The Honourable Jharkhand court has held that transfer of an employee cannot be stayed merely because of medical problem. In News to Note, Mr. Oscar Fernandes lays the foundation stone of the ESIC Medical College at Bhubaneswar. Employees State Insurance Corporation is on a special all India drive to cover all the units/employees covered under EPFO from 24-3-2014 onwards. The Central Provident Fund Commissioner has made a number of commitments to Labour Secretary for the year 2014-15. We hope you find the contents of this newsletter relevant and useful. We welcome your suggestions and inputs for enriching content as well as your feedback. Please write to: contactadp@adp.com STRICTLY STATUTES A Newsletter from ADP India JUNE 2014 02 03 04 07 Pages 08 05 03 06
  2. 2. STRICTLY STATUTES A Newsletter from ADP India Due Date Scope Due Under Mode Compliance Calendar for JUNE 2014 Professional Tax Remittances 10th Jun 14 30th Aug 13 Andhra Pradesh & Madhya Pradesh Maharashtra, Assam & Orissa State-wise regulations State Wise regulations By Challan By Challan Labour Welfare Fund Remittances PF 15th Jun 14 Central - Remittance of Contribution EPF & MP Act 1952 By Challan 15th Jun 14 Central - International worker with wages and nationality Statement in IW 1EPF & MP Act 1952 ESI 21st Jun 14 Main Code & Sub Codes - Remittance of Contribution ESIC Act 1948 By Challan 15th Jun 14 Gujarat Gujarat PT regulations By Challan Page 02 20th Jun 14 21st Jun 14 Karnataka West Bengal Karnataka PT regulations WB PT regulations By Challan By Challan 28th Jun 14 Maharashtra, Assam & Orissa State-wise regulations By Challan 20th Jun 14 Kerala Kerala Labour Welfare Fund By Challan 30th Aug 13 Maharashtra, Assam & Orissa State Wise regulations By Challan30th Jun 14 Karnataka State-wise regulations On line Employment Exchange 30th Jun 14 Strength Returns Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 By Return in ER - I
  3. 3. STRICTLY STATUTES A Newsletter from ADP India In a case of Badshah singh Vs Delhi Water Supply and Others, the honourable Delhi high court justice Mr. V. Kameswar Rao pronounced that when the workman does not reply either to chargesheet or reminders there to or make any effort to resume his duty, the presumption that he has abandoned the job of his own is appropriate. Relationship of employer-employee remain in existence till the express order of termination is issued by the management. Non-production of postal receipt in support of having sent a letter to the party would also justify the presumption that the document in question does not stand proved in evidence. Page 03 Abandonment of job presumed when employee did not respond to reminders for resuming duties Important Judgements In a case of Mahesh Kumar Vs Fruit and Vegetable Project through its CMD, the honourable Delhi Court under honourable justice V. Kameshwar Rao pronounced that when a temporary workman, challenges his termination before the Industrial Tribunal, is rightly denied any relief since his termination is excluded by section 2, clause (oo) and sub-clause (bb) excluding termination from the purview of retrenchment. The plea of the workman, who has been denied any relief, that another employee junior to him was retained even after his termination, would not amount to discrimination when the tribunal has categorically clarified with name of the junior person who has been working as a trainee technician in a different department and, as such, there was no discrimination. No relief can be granted to a temporary workman and his termination is excluded by section 2 (oo) (bb) of the ID Act In a case of Peter Anand Kumar Ekka Vs Mecon Ltd and others, the honourable Jharkhand High Court under honourable justice Aparesh Kumar pronounced that extension of transfer of an employees from Ranchi to Mumbai as stated by the High Court in writ petition by the employees has not been mala fide beside that the ground for stay of transfer that the petitioner not medically fit to discharge his duties is not mala fide. Even though the transferred employees has some medical problems but his transfer to Mumbai would not be unjustified and stayed since there is no dearth of specialist physician/cardiologist and diabetologist for regular close supervision of his medical treatment at least once in a month. Transfer of an employee cannot be stayed merely because of medical problem
  4. 4. STRICTLY STATUTES A Newsletter from ADP India Page 04 In a case of Deputy Director, Insurance Number, ESIC Chennai - 34 Vs India Pistons Repco Ltd represented by its whole time Director, honourable justice PR Shivakumar pronounced that in the absence of any control or supervision over the employees of the independent contractor who was given various job works to be carried out, the principal employer cannot be held liable for the ESI contributions hence the ESI authority (appellant) has wrongly determined the money which is rightly set aside by the employees Insurance Court hence the said order is upheld by the High Court. Principal employer not liable for ESI contributions in the absence of control and supervision over the employees of contractor In case of Regional Director, ESIC, Chennai 34 Vs Ledrex Products Pvt Ltd represented by its Director the honourable Madras High Court under honourable Justice P.R Siva kumar pronounced that Principal employer is liable to pay ESI contribution in respect of only those employees of contactor who carried out the job in the premises of the principal employer under its control and supervision and not in respect of those employees who did not/does not carry out the job in the premises of the principal employer. If the employees of independent contractors had to carry out the job at the places where the principal employer did not have effective control and supervision over them, the principal employer is not liable to pay ESI contribution in respect of those employees. The amount paid by the principal employer to the contribution towards wages/salary for those employees who are working outside the premises of the principal employer will not be treated as ‘wages’ attracting ESI contribution. Tea allowance paid only to those employees who are in attendance, towards employees’ welfare fund, does not form part of ‘wages’ attracting ESI contribution. Principal employer not liable to pay ESI contribution for the employees of contractor working outside the premises
  5. 5. STRICTLY STATUTES A Newsletter from ADP India Page 05 In a case of Sushil Goyal Vs Luckson Siddique and others the honorable Delhi Court under the bench comprising honourable justices Valmiki and Mehta pronounced that mere registration of employer under ESI Act does not mean that such registration applies with respect to un-specified number and names of employees.Registration under ESI Act with the ESI Corporation by the employer is applicable only for specific and specified name of employees in respective returns, making the ESI Corporation liable for settlement of claims as per provision of the ESI Act. Once employer with particular name(s) of employees is registered with ESI Corporation, then, even if premium is not paid, ESI Corporation would still be liable to pay compensation but ESI Corporation does not incur liabilities for an employee neither in relevant register nor registered with ESIC as per returns filed by the employer.ESI Corporation is not liable to pay compensation in respect of an employees whose name is not there in the relevant documents/records which has been shown only by filing returns after one year of the accident. ESI Corporation liable to pay compensation to employee whose name is registered even when premium is not paid In a case of The Himachal Pradesh State Corporation and another Vs Mohan Singh and another the honourable Himachal Pradesh high court under honorable justice Rajiv pronounced that Payment of Bonus Act is a beneficial legislation capable of being computed under section 33C(2) of the Industrial Disputes Act, 1947 subject to applicability of the Payment of Bonus Act and eligibility of employee(s) under section 8 of the Payment of Bonus Act, 1965. Matter pertaining only to rate of bonus payable under the Payment of Bonus Act cannot be fit to be referred under section 22 of the Payment of Bonus Act, 1965, for adjudication to Industrial Tribunal. Every employee shall be entitled to be paid bonus by his employer in an accounting year, in accordance with the provisions of the Payment of Bonus Act 1965, provided he has worked in the establishment for not less than thirty working days in that year, irrespective of being daily wager, casual or temporary or permanent, weekly paid or monthly paid. Jurisdiction to decide disputes pertaining to bonus rests only with the Industrial Tribunals unless specifically and duly assigned such functions to the Labour Courts.Matter pertaining to bonus is specified in Third Schedule of the Industrial Disputes Act, 1947. Bonus can be claimed under ID Act if employee is eligible under the payment of Bonus Act
  6. 6. STRICTLY STATUTES A Newsletter from ADP India Page 06 In case of BEMLL ltd , Bangalore represented by its Senior Manager(legal) Vs S. Navin, the honourable Karnataka High Court under honorable justice Ram Mohan Reddy pronounced that the employer is required to take the steps i.e. order of dismissal of the workman, payment of one month’s wages and filling of application seeking approval for dismissal, simultaneously as all these steps are part of the same transaction otherwise the employer will not be able to get approval of the court, required for purpose. No doubt, order of dismissal, payment of one month’s wages and filling of application seeking approval for dismissal are part of the same transaction required to be taken simultaneously but on the basis of law settled by the Supreme Court, taking of these steps simultaneously does not mean that all the three steps must be taken on the same day or at the same time, rather it means that the employer’s conduct should show that all the three things contemplated under the Provision are parts of the same transaction. Dismissal of the workman on 29.05.2009 by making payment of one month’s wages at the end of shift and filling the application for approval on 30.05.2009, has been held to constitute same transaction, valid in law. Termination, one month notice pay and filling of application for approval not necessarily to be simultaneous
  7. 7. STRICTLY STATUTES A Newsletter from ADP India Page 07 News to note • Oscar Fernandes, Union Minister of Labour & Employment and Road Transport & Highways laid the foundation stone of ESIC Medical College & Hospital, Bhubaneswar. Srikant Kumar Jena, Minister of State for Chemicals & Fertilizer’s and Statistics & Programme Implementation (I/C) was Chief Guest of the function & Environment, Govt. of Odisha presided over the function. • The distinguished speakers appreciated the initiatives of Union Ministry of Labour & Employment for bringing this ESIC Medical College & Hospital in Odisha State. Oscar Fernandes lays foundation stone of ESIC medical college Entitlement of gratuity and provident fund contribution for the intervening period • Such an employee will be entitle to gratuity for the intervening period. Reference is made to the judgment of Andhra Pradesh High Court while replying upon the outcome of WP No. 12380 of 2009 by the order dated 25.6.2009 in M. Rama Rao vs. Asstt. Traffic Manager APSRT Hyderabad and Andhra. The High Court has allowed writ petition with observation that when learned judge of this Court held that where the Labour Court set aside the order of removal and directed the petitioner to be reinstated with continuity of service, the Management cannot deny payment of gratuity to the petitioner on his retirement for the period for which, he was out of employment as a result of the order of removal /termination. • The provident fund contributions would not be attracted in view of the definitions of `basic wages’ in clause (v) of section 2 interalia stating: • `Basic wages’ means all emoluments which are earned by an employee while on duty Employees’ State Insurance Corporation - special drive Employees’ State Insurance Corporation through a special drive to cover all the units/Employees Covered Under EPEO has decided to conduct all India special drive from 24-3-2014 onwards for a period of one month to ensure coverage of all the units covered under EPFO. RO & SRO will ensure the list of covered units from offices of EPFO along with details of employees for whom contribution has been paid by the employer. The list so obtained will be segregated into units situated in implemented area. Then, it will be matched with the units covered with ESIC. In case units is found uncovered or there is difference in the compliance, then it is to be surveyed and coverage of the unit/employees as the case may be, must be ensured. RO/SRO will ensure submission of outcome of special drive a consolidated report is to be submitted.
  8. 8. Page 08 STRICTLY STATUTES A Newsletter from ADP India CENTRAL PROVIDENT FUND COMMISSIONER HAS COMMITTED TO LABOUR SECRETARY THE FOLLOWING FOR THE YEAR 2014-15 • Universal Account Number (UAN) will be allotted to all PF members by 15/10/2014; • ECR- Version II will be launched by 1/11/2014 • Online registration of establishment by 30/6/2014 • Providing on-line information on CoC (Certificate of Coverage – International Workers) by 15-4-2014 • E-payment of contribution from any bank by 30/9/2014 PERMANENT PF ACCOUNT NUMBER FROM OCTOBER Retirement fund body EPFO will start providing permanent account number on the pattern of core banking services to its over five crore subscribers from October this year. Permanent or universal account number (UAN) will help subscribers avoid filing PF account transfer claims on changing jobs. After getting a UAN, a subscriber would not be issued a new PF account number on joining the new employer. It is expected to provide great relief to those workers in the organized sector who frequently change jobs, particularly, in the constructed sector.
  9. 9. ADP Global With more than $11 billion in revenues and more than 60 years of experience, ADP® (NASDAQ: ADP) serves approximately 620,000 clients in more than 125 countries. As one of the world's largest providers of business outsourcing and human capital management solutions, ADP offers a wide range of human resource, payroll, talent management, tax and benefits administration solutions from a single source, and helps clients comply with regulatory and legislative changes, such as the Affordable Care Act (ACA). ADP's easy-to-use solutions for employers provide superior value to companies of all types and sizes. ADP is also a leading provider of integrated computing solutions to auto, truck, motorcycle, marine, recreational vehicle, and heavy equipment dealers throughout the world. ADP India ADP India offers a wide range of payroll, statutory and HR solutions, both as managed services and on cloud. ADP partners with organisations to assist with their complex, yet critical functions of payroll, statutory compliance and HR administration tasks effectively. ADP’s proven Managed and On Cloud Payroll, Statutory Compliance, Leave Management and Time & Attendance solutions are designed to address the scalable and dynamic needs of an organisation. ADP partners with small, mid-sized and large enterprises to streamline their Payroll, Compliance and HR administration processes. ADP India is an ISO 9001:2008 and ISO 27001:2005 certified and SSAE 16 Type II compliant company and serves clients from all industries across the country. For more information about ADP India or to contact a local ADP sales office, reach us at 1-800-4190-237 or visit the company's Web site at www.adp.in ADP India Thamarai Tech Park, S.P. Plot No. 16 to 20 & 20A Thiru Vi Ka Industrial Est ate, Inner Ring Road, Guindy, Chennai - 600032. Phone 1-800-4190-237 Email contactadp@adp.com Get the ADP expertise working for you. A 60 year track record that speaks for itself. Page 09 STRICTLY STATUTES A Newsletter from ADP India

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