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STRICTLY STATUTES – AUGUST 2013
A Newsletter from ADP India
Compliance Calendar for August 2013
Professional Tax Remittances
Labour Welfare Fund Remittances
PF
and nationality
ESI
Co...
In a case of Workman Sohan Lal Vs Addl. District and Sessions
Judge , Honourable Justice of Punjab & Haryana High Court Mr...
Source: http://www
.business-standard.com/article/pf/epfo-to-start-online-service-for-transfer-claims-by-aug-15-1
13072800...
Sexual harassment at work place may lead to termination of service of the accused, withholding of promotions
and increment...
According to the proposed rules, the complaints committee may have the right to terminate inquiry
proceedings and give an ...
ADP Global ADP India
Automatic Data Processing, Inc. (NASDAQ:ADP),
a $10 billion enterprise and one of the world’s
ADP Ind...
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Adp india strictly statutes_newsletter - copy

  1. 1. STRICTLY STATUTES – AUGUST 2013 A Newsletter from ADP India
  2. 2. Compliance Calendar for August 2013 Professional Tax Remittances Labour Welfare Fund Remittances PF and nationality ESI Contribution21st Aug 13 Main 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 13 Central - International worker with wages EPF & MP Act 1952 Statement in IW1 20th Aug 13 Kerala Kerala State Labour Welfare 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
  3. 3. 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 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 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
  4. 4. Source: http://www .business-standard.com/article/pf/epfo-to-start-online-service-for-transfer-claims-by-aug-15-1 13072800102_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. UPDATE ON MARKET TRENDS & LABOUR LEGISLATION A message from PF authorities
  5. 5. 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
  6. 6. 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.
  7. 7. ADP Global ADP India Automatic Data Processing, Inc. (NASDAQ:ADP), a $10 billion enterprise and one of the world’s ADP India has enabled several companies across the country, irrespective of their nature, size and requirements, take advantage of its business processing solutions to meet their business goals, especially in the HCM Arena. By offering best-in-class software and services, which reflects the company’s continual efforts in R&D that span several years, ADP empowers people and organizations to innovate, increase HR operational efficiency, meet regulatory and legislative requirements , find opportunities to reduce cost and increase profits, and stay ahead of competition. largest providers of business outsourcing solutions, and only one of 4 companies in the US to receive the AAA rating, serves approximately 600,000 clients. Leveraging over 60 years of experience, ADP offers a wide range of human resource, payroll, tax and benefits administration solutions from a single source. The company’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 for automotive, marine, heavy equipment, and recreational vehicle dealers across the world. The Company offers a wide range of human resource, payroll, tax and statutory compliance solutions both as Managed Services and On Cloud. It has been certified for ISO 9001:2008 quality standards, ISO 27001:2005 information security standards and SSAE 16 Type II for its Data Centre. Get the ADP expertise working for you. A 60 year track record that speaks for itself. 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 044 - 66448000 Email contactadp@adp.com

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