Compilation of all the statutory Notifications of September 2020
In order to improvise the ‘Ease of Doing Business’ the Government of Karnataka, vide order no. LD 241 LET 2020, has ordered that henceforth, renewal procedures for Certificates / Registration / Licenses for establishments shall be in an auto-renewal system upon prescribed online payment of fees for the following acts:- (1) Registration under the Shops and Commercial Establishments Act, 1961 (2) License under the Contract Labour (Regulation and Abolition) Act 1970 (3) License under the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 (4) License under the Factories Act, 1948.
Government of Tamil Nadu has extended the period of renewal of registration for workers and cut-off date for submission of life certificate, to 31st December 2020 vide notification no G.O.Ms.No.147 dated 04 Sep 2020. This extension is applicable for workers registered under Tamil Nadu Construction Workers Welfare Board and Tamil Nadu Manual Workers Social Security and Welfare Board.
The Government of Himachal Pradesh vide notification no 05 of 2020 dated 09 September 2020 has repealed The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 published on 9th July 2020 with ordinary legislation to be known as Industrial Disputes (Himachal Pradesh Amendment) Act, 2020.
As per this amendment, (i) the provision of the prohibition of strikes and lock-outs now includes non-public utility service as well and (ii) The conditions for retrenchment compensation has been enhanced to sixty days from the earlier fifteen days average pay for every completed year of continuous service or any part thereof more than six months.
Governor of Punjab vide notification No. 13-Leg./2020 dated 09 September has promulgated The Factories (Punjab Amendment) Ordinance, 2020. As per the Ordinance, the government has increased the threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. The notification also amends the number of hours allowed to work overtime in any quarter from seventy-five hours to one hundred and fifteen hours.
The Government of Himachal Pradesh vide notification no 06 of 2020 dated 09 September 2020 has repealed the Contract Labour (Regulation and Abolition) Himachal Pradesh Amendment Ordinance, 2020 with ordinary legislation to be known as the Contract Labour (Regulation and Abolition) Himachal Pradesh Amendment Act, 2020.
As per this amendment, the Act will apply to the establishments employing thirty or more workmen.
The Government of Himachal Pradesh vide Gazette notification No. Shram (A)3-5/2012-P-II dated 09 September 2020 has amended The Industrial Employment (Standing Orders) Himachal Pradesh Rules, 1973.
This amendment by virtue of Rule 3(A) provides that the employer of an industrial establishment shall not convert the posts of the permanent workmen to fixed-term employment and similarly included "fixed-term employment workman" under Schedule I of Model Standing orders stipulating that facilities such as hours of work, wages, allowances and other statutory benefits shall not be lesser than the facilities for the permanent workman.
The Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Amendment Rules, 2020
The Government of Himachal Pradesh vide notification No. Shram(A)2-1/2019 BOCW dated 16 September 2020 has amended Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008.
As per this amendment, new rates have been introduced towards financial assistance for the education of the children of the members and the financial assistance for marriage of children of eligible members is increased to Rs.51,000/- from existing Rs.35,000/-.
The Union Territory Administration of Daman and Diu & Dadra and Nagar Haveli vide circular No.LE/LI/DMN/UPW/Advisory/2020/404 dated 17 September 2020 has directed all Industries to pay the wages to every person employed in their establishments only by cheque or by crediting wages in the Bank Account of the Employees. Any non-compliance on this aspect may attract strict actions against the employers.
In order to improve the ‘Ease of Doing Business’, the Government of Telangana vide notification no G.O.Rt.No.288 dated 17 September 2020, has ordered that henceforth, under the Contract Labour (Regulation and Abolition) Act, 1970 it will implement Automatic non-discretionary deemed renewal of license through online system, without the requirement of filing of application for renewal, subject to payment of fee prescribed by the Government from time to time, within the time prescribed.
The Government of Maharashtra, Finance Department vide Gazette notification dated 24 September 2020 has repealed The Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Ordinance 2020 dated 22nd July 2020 with ordinary legislation to be known as The Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Act, 2020.
By virtue of this amendment it has inserted Section 5(3A) which provides that a company incorporated under the provision of Companies Act 2013 at the time of incorporation shall obtain the certificate of enrolment and certificate of registration under the Maharashtra PT Act and under Section 6(1) the employer registered under Section 5(A) shall, after the commencement of his liability to pay tax, furnish a return in such form, such period, and by such date as may be prescribed to the concerned authority.
The Government of Maharashtra vide notification No. ESIC 2015/C.R. 150/RAKAVI-2 dated 24 September 2020 has approved the notification dated 10 September 2020 towards amendments under The Employees State Insurance Act,1948. According to this amendment, the Act shall extend to Shops, Hotels, Restaurants, Road Motor Transport Establishments, Cinema including preview theatres, Newspaper establishment as defined in Section 2 of the Working Journalists (Condition of Services) and Miscellaneous Provision Act, 1995, wherein ten or more person are employed or were employed on any day of the preceding twelve months.
The Government of Goa vide notification no7/18/2020-LA dated 29 September 2020 has repealed the Contract Labour (Regulation and Abolition) (Goa Amendment) Ordinance, 2020 with ordinary legislation to be known as The Contract Labour (Regulation and Abolition) (Goa Amendment) Act, 2020.
As per this amendment, the Act will apply to the establishments employing fifty or more workmen.
Guidelines to Settle the Legitimate Dues of Workers Under the Payment of Bonus Act, 1965 In West Bengal
The Government of West Bengal vide circular No. Labr./210/(LC-IR)/3C-01/18 dated 30 September 2020 has issued guidelines to be followed by all employers and employees of the state covered under the Payment of Bonus Act, 1965 (''Act'') while settling the legitimate dues of the workers in respect of bonus for the year 2020 in terms of the said Act in the interest of maintenance of Industrial peace and harmony.