EDLI Benefits

EPF Act – Family Cover through EDLI and its benefits!

Introduction

The Employees Provident Fund Organization (EPFO) is one of the two main Social Security schemes under the Government of India, the other being Employees State Insurance (ESI). The EPFO comes under the aegis of the Ministry of Labour and Employment and is responsible for the regulation and management of Provident Funds in the country. The EPFO manages and administers the Employees Provident Fund (EPF), Employees Pension Scheme (EPS), and Employees Deposit Linked Insurance (EDLI).

EDLI

All the members of the EPFO are covered under the insurance scheme known as EDLI or Employees Deposit Linked Insurance. In this article, we explain the key features of the scheme, eligibility, and benefits of the scheme.

The EDLI scheme was launched in the year 1976 to provide insurance cover to members of the EPFO. Through this scheme, the family of a member gets financial assistance in the case of the death of the member while in service. The insurance cover will depend on the salary drawn in the last 12 months of employment before death.

Under this scheme, there is no exclusion.

EDLI Contribution

The employees and employers contribute to the EPFO scheme and this contribution is split among the three schemes namely, Employees Provident Fund (EPF), Employees Pension Scheme (EPS), and Employees Deposit Linked Insurance (EDLI). There is no contribution from the Employees towards the EDLI scheme, whereas, the employee contribution is 0.5% of the Basic salary + DA, subject to a maximum of Rs:75/-. Eligibility kicks in only when the member has continuously worked for 1 year and is an active member of the EPF.

EDLI Calculation

The average salary drawn by the deceased member during the 12 months before death is taken for calculation of the EDLI benefit. 35 times the average salary in the last 12 months is taken for the calculation, subject to a maximum salary that is capped at Rs:15,000/-. The calculation is as follows:

35,000 x 15,000 = Rs: 5,25,000/-

To this amount, an additional bonus amount of Rs:1,75,000/- is added taking the total amount payable to Rs:7,00,000/-.

Eligibility to claim the EDLI Benefits

The insurance benefits can be claimed by the family members, legal heirs, and nominees of the member.

– Member of the family nominated by the member under the EPF scheme

– In case a nomination has not been made, all the members of the family except major sons, married daughters with major sons, and married granddaughters.

– In case there is no family and no nomination, then legal heirs.

– In the case of a minor, the guardian/family member/legal heirs.

Forms Required

To claim the insurance, the nominee, legal heir, and family member have to apply in EDLI Form 5 IF. The claim form has to be filled separately by each claimant and if the claimant is a minor, the guardian has to fill the form on his/her behalf.

The form has to be filled offline and has to be submitted to the regional EPF Commissioner’s Office along with the Death Certificate issued by the Employer, mentioning the date of death of the member. The Form should also mention the mode of fund transfer.

How to claim EDLI benefits?

  • The member should have been an active member of EPF at the time of death.
  • Form 5 IF has to be filled and submitted to the EPF Commissioner to get the insurance benefit.
  • The form has to be signed and certified by the employer.
  • Where there is no employer, the form has to be attested by any of the following officials:

– A gazetted officer

– The District Magistrate

– Member of Parliament or MLA

– President of the Village Panchayat

– Chairman/Secretary/Member of the Municipal or District Local Board

– Postmaster or Sub-Postmaster

– Regional Committee of EPF or Member of CBT

– Manager of the Bank in which the account is maintained.

Documents required for claiming EDLI

    • Death Certificate of the Member
    • Guardianship Certificate if a person other than the natural guardian files the claim on behalf of a minor family member/nominee/legal heir.
    • Succession Certificate in case the legal heir makes the claim
    • A copy of the canceled cheque of the Bank account to which the payment has to be made.
    • Where the member was last employed under an establishment that is exempted under the EPF Scheme, the employer of such establishment should furnish the PF details of the last 12 months under the certificate part and also submit an attested copy of the Member Nomination Form.

The EPF Commissioner is liable to settle the claim within 30 days failing which he is liable to pay interest @ 12% per annum from the stipulated date to the actual date of settlement.

The EDLI Scheme under the EPF Act provides critical support to the family members of a member who has died while in service. The family members, nominees, and legal heirs are eligible to get a maximum of ₹ 7,00,000 in the event of the death of the member in service. This is a great boon to the family at a very critical juncture.

GetifyHR has been able to provide strong support to clients across the country through its Payroll and HR management outsourcing module. This has provided our clients with a strong edge and helped them to improve the overall performance of the company. Through this outsourcing module, the entire gamut of Payroll processing and HR Management are handled seamlessly and efficiently. This has not only enhanced the performance of the company but has also ushered in a more harmonious work atmosphere.

Labour welfare fund

What is the Labour Welfare Fund and what are its benefits?

Introduction

The Labour Welfare Fund is an initiative by the Government of India to extend a measure of social assistance to employees in the unorganized sector.  It is a kind of financial assistance for workers to improve their working conditions and standard of living.

Out of the 36 states and Union Territories, only 16 States/UTs have so far implemented this Act. As per the Act, the employees and employers contribute towards this Fund, and in some states, the state also contributes.  Since the Fund is managed by independent states, the rules vary from one state to another.  Any business/industry that satisfies the criteria of number of employees required by the Act to come under its purview has to register with the concerned Labour Department of the state.

Eligibility

In Tamil Nadu, if a company has 5 or more employees on its payroll then it has to register with the Labour Department.  In Kerala, it is 2 or more employees and in Gujarat, it is 10 or more employees. Each State/UT has its own rules to become eligible for registration.

The Act is not applicable to all categories of employees, and depends on the wages earned and the designation of the employees.  Those employees who are in the managerial or supervisory position and drawing salary that is more than what is stipulated in the Act are not eligible for the Fund.  This will vary from state to state.

States/UTs that have implemented the LWF Act

The following States and Union Territories have implemented the Labour Welfare Fund Act:

  1. Andhra Pradesh
  2. Chandigarh
  3. Chattisgarh
  4. Delhi
  5. Goa
  6. Gujarat
  7. Haryana
  8. Karnataka
  9. Kerala
  10. Maharashtra
  11. Madhya Pradesh
  12. Odisha
  13. Punjab.
  14. Tamil Nadu
  15. Telengana
  16. West Bengal.

States/UTs that have not implemented the LWF Act

The following States and Union Territories have not implemented the Labour Welfare Fund Act:

  1. Andaman & Nicobar Islands
  2. Arunachal Pradesh
  3. Assam
  4. Bihar
  5. Dadra and Nagar Haveli
  6. Daman and Diu
  7. Himachal Pradesh
  8. Jammu and Kashmir
  9. Jharkhand
  10. Lakshadweep
  11. Manipur
  12. Megalaya
  13. Mizoram
  14. Nagaland
  15. Pondicherry
  16. Rajasthan
  17. Sikkim
  18. Tripura
  19. Uttar Pradesh

Amount of Contribution

The amount of contribution also varies from state to state.  The following table provides details of the contribution period, contribution amount and due dates for remittance of the contribution.

State/UT Contribution regularity Contribution Months Employee Contribution Employer Contribution Contribution Total Return & Due Date
Andhra Pradesh Annual December 30 70 100 Form F

Jan 31

Chandigarh Monthly April-March 5 20 25 Nil

Oct.15

Apr.15

Chattisgarh Half-Yearly June- Dec. 15 45 60 Form A

31 July

31 Jan

Delhi Half-Yearly June-Dec. 0.75 2.25 6 Form A

15 July

15 Jan.

Goa Half-Yearly June-Dec 60 180 240 Form A

31 July

31 Jan.

Gujarat Half-Yearly June-Dec 6 12 18 Form A1

31 July

31 Jan.

Haryana Monthly Jan – Dec 31 62 93 Nil

31 Dec

Karnataka Annual December 20 40 60 Form D

15 Jan.

Kerala Half-Yearly June-Dec 4 12 16 Form A

15 July

15 Jan

Maharastra Half-Yearly June-Dec 6/12 18/36 24/48 Form A1

15 July

15 Jan

Madhya Pradesh Half-Yearly June-Dec 10 30 40 Nil

15 July

15 Jan

Odisha Half-Yearly June-Dec 20 40 60 Form F

15 July

15 Jan

Punjab Monthly April-March 5 20 25 Nil

15 Oct

15 April

Tamil Nadu Annual December 20 40 60 Form D

15 Jan

Telengana Annual December 2 5 7 Form F

31 Jan

West Bengal Half-Yearly June-Dec 3 15 18 Form D

15 July

15 Jan.

How is the Labour Welfare Fund utilized?

The Labour Welfare Fund is utilized by the Labour Welfare Board to cover the following activities.

  • To provide Libraries
  • For Vocational Training
  • To provide adequate nutrition to children
  • Towards transport facilities
  • For the education of children, through scholarships
  • To provide Medical facilities for employees and dependents
  • To provide entertainment facilities to the employees – sports, art forms, music
  • To provide vacation facilities for employees and their families
  • For providing subsidiary occupation for women and unemployed persons.
  • To provide assistance for Natural and Accidental Death. In Tamilnadu an Accidental death Assistance of  ₹ 1,00,000 and  ₹5,000 towards funeral expenses is provided.  When death is natural, a sum of   ₹25,000/- assistance along with ₹5,000 towards funeral expenses is provided.

Conclusion

The Labour Welfare Fund Act is an important legislation to protect the interests of the workers, especially in the unorganized sector. However, only 16 states and UTs have so far implemented the Act. Though it has not been implemented in all the States and Union Territories in the country, many states and UTs are in the process of implementing them shortly.

GetifyHR is rightly placed to provide a perfect solution to companies that need to streamline their Payroll and be compliant with all the statutory requirements. As one of the top outsourcers of Payroll processing and HR Management, we have been providing exemplary service to our clients across the country. Our outsourcing module can seamlessly handle all aspects of Payroll processing with a high degree of accuracy enabling stress-free operations month over month. In the process, it also handles all the statutory requirements so that the company is compliant always.

Policies Shops and Establishment Act

What are the policies that should be maintained in a company that is covered by the Shops and Establishment Act?

Introduction

The Shops and Establishment Act was established to protect the rights of employees in commercial establishments like business houses, offices, stores, warehouses, hotels, amusement parks, theatres, etc., nationwide. The provisions of the Act form one of the most important regulations required to be complied with by businesses. Every state has framed its own separate Shops and Establishment Act. However, the scope of the Act is similar across the nation, barring a few minor changes from state to state.

The Shops and Establishment Act regulates the following areas:

– Working hours

– Rest intervals for employees

– Overtime eligibility

– Leave Policy

– Opening and Closing hours of the establishment

– Weekly holidays, national and religious holidays

– Wages for holidays

– Annual, Casual, Maternity, and Sick leave

– Time and conditions for payment of wages

– Deduction of Wages

– Termination conditions

– Cleanliness, lighting, and ventilation of premises

– Precautions against fire

– Prohibition of employment of children

– Employment of young persons or women

– Maintaining various records/registers

– Display of Notices-Certificates

The establishments that are registered under the Shops and Establishment Act have to frame certain policies that will enable them to comply with all the regulations of the Act.  Failure to do so will attract penalties and other penal actions.

This article articulates the policies and actions to be taken by establishments that are registered under the Shops and Establishment Act.

Registration:

Any company or establishment that is subject to come under the rules of the Shops and Establishment Act has to register with the Labour Department. These registrations have to be made within the days mentioned in the Act and this would differ from state to state. In some states, the registration has to be obtained within 30 days of the commencement of business, whereas, in some other states it is 60, 90, or even 180 days from the commencement of business.

Hours of Business – Opening and Closing hours:

This should be fixed in accordance with the provisions of Chapter III of the Act. Typically the Act specifies that an employee has to work for 48 hours a week and shall not work for more than 9 hours in a day.  This may vary from state to state.

Weekly, National, and Religious Holidays:

The Act provides for at least one-day weekly holiday. In addition to this, the employees are eligible for Casual Leave, Annual Leave, Sick Leave, and Maternity Leave as per the provisions of the Act in the states.

National Holidays may be common across the states but the Religious holidays may vary from state to state. A proper leave policy has to be maintained by the establishment.

Payment of Wages:

The Act provides that the employees are paid their wages on time and as per the employment contract. In addition to this paid leave can be availed by employees and this includes Annual Leave, Sick Leave, and Maternity Leave. Typically, employees are eligible for at least 12 days of paid leave per year and this may vary from state to state.

Overtime Wages:

Employees who work for extra hours are eligible for overtime wages and this should be paid in accordance with the rules.

Deduction of Wages:

Wage deduction policies should be as per the rules framed in the Act for such deductions.

Termination from Service:

Proper policies have to be framed as per Sec.66 the Act for Termination of Employees.

Employment of Children

The Act has provisions for the employment of children and this should be properly reflected in the policies of the establishment.

Employment of young persons and Women:

As per the Shops & Establishments Act, there are strict rules regarding the employment of young persons and women. These mostly pertain to the number of hours and working hours. These policies should be strictly maintained by the establishment.

Register and Records:

Specific Registers and records have to be properly maintained as per the Act. These include the Register of Employees, Register of Wages and Deductions, etc.

Cleanliness, Lighting, and ventilation of the premises:

The Establishment has to maintain a clean and dust-free workplace. Proper ventilation has to be provided on the premises with adequate lighting. The Act mandates that a safe and secure work atmosphere is provided to the employee.

Provisions for Fire Emergency

The Act envisages the need for having emergency exits in the event of fire risks.

Full-body Medical check-up:

All employees should undergo a full-body medical check-up by a certified surgeon or doctor at least once a year. These records have to be properly maintained.

Conclusion

Any establishment that comes under the purview of the Shops & Establishment Act has to strictly adhere to the rules and regulations, failing which they will be penalized.

These may be in the form of fines or in some cases imprisonment. Contravening these rules is a serious offense and it is therefore in the interest of the establishment to have clear policies that enable full compliance.

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ESIC eligibility criteria and benefits

ESIC eligibility criteria and benefits for members and dependents!

The Employees’ State Insurance (ESI) scheme was launched by the Government of India with the primary objective of providing cover to employees from health-related contingencies such as permanent or temporary disablement, sickness, death due to injury caused during employment or occupational disease that adversely affects the earning capacity of the worker. Through this scheme, an employee will be able to overcome the financial burden due to such eventualities.

Eligibility

The ESI Act provides Medical cover and other benefits to employees in factories, business establishments like hotels, cinema houses, road transport, newspapers, educational and medical institutions, and shops wherein 10 or more persons are employed. The scheme offers benefits to both the employees and their dependents in case of any emergencies like hospitalization or accidents at the workplace.

As per the Act, any worker or employee earning wages up to ₹ 21,000 per month is entitled to these benefits.

The Benefits

The benefits that members or their dependents are eligible to receive have been spelt out in Section 46 of the Act. Members are eligible to receive six social security benefits and they are as follows:

  1. Medical Benefit
  2. Sickness Benefit
  3. Maternity Benefit
  4. Disablement Benefit
  5. Dependent Benefit
  6. Other Benefits
I.  Medical Benefit

Through this full medical care is provided to the Insured Person (IP) and his family members from the day of entering insurable employment. The family includes spouses, dependent children up to 18 years (if continuing education up to 21 years) dependent unmarried daughter, dependent infirm children, and dependent parents.

Also if the Insured Person is unmarried and his/her parents are not alive, the minor brother or sister wholly dependent on the earnings of the Insured person.

There is no ceiling on the expenditure incurred in the treatment of the insured person or his/her dependent. The Act also provides medical care to retired and permanently disabled insured person and their spouse on payment of a token annual premium of ₹ 120. The following are the provisions and benefits.

  1. System of Medicine
  2. Entitlement
  3. Benefits to retired persons
  4. Domiciliary Hospitalization
  5. Consultation with Specialists
  6. Investigation and Imaging Services
  7. In-patient treatment
  8. Artificial Limbs and Aids
1. System of Medicine

The Allopathic system of Medicine is the normal system of treatment. However, considering the request of a substantial number of workers to provide treatment in the Indian System of Medicine and Homoeopathy (ISM & H), treatment is now been provided through Ayurveda, Unani, Siddha, and Homoeopathy, and also through Yoga therapy.

The required certificates for availing of the benefits have to be issued by the concerned Insurance Medical Officer (IMO) or Insurance Medical Practitioner (IMP) appointed by the State government. This facility is available in 95 selected ESI Hospitals/Dispensaries throughout the country.

2. Entitlement

The State Government in consultation with the Corporation prescribes the level of entitlement benefits that members or their family members are entitled to. An IP or a family member can only avail of the medical benefits prescribed. All beneficiaries are entitled to reasonable medical, surgical, and obstetric treatment.

Entitlement of IPs

ESI Hospital / Dispensary / Diagnostic Centre and other recognized institutions offer the following treatment to all IPs.

– Outpatient Treatment

– Domiciliary Treatment

– Hospitalization as In-patient

– Full supply of Drugs, dressings, aids, appliances, and artificial limbs.

– Laboratory and Imaging services.

– Entitled to receive benefits under the Integrated family welfare scheme, MCH, and other national health programs.

– Ambulance service or reimbursement of conveyance charges for visiting hospitals or diagnostic centres.

– Medical Certification

– Other special provisions.

Entitlement of Family Members

Family members of an IP are entitled to one or other medical benefit:

– Full Medical Care which means all facilities entitled to IPs including hospitalization

– Extended Medical Care which includes all facilities provided to IPs but without hospitalization.

However, plans are afoot to provide uniform Medicare Care to family members in all implemented areas as the rates of contribution paid by the employee and employer are uniform across the country.

2.  Benefits to Retired IPs and Disabled Persons

Under Section 56 of the Act, a member on payment of a lump sum ₹ 120 for one year in advance, (₹ 10 per month) can avail of the following benefits:

– This benefit is available till the period for which the Insured person contributes. The insurance should not be for less than five years and the IP should have left insurable employment on attaining the age of superannuation or taken VRS or retired prematurely. The spouse is also entitled to this benefit.

– An insured person or his/her spouse who ceases to be in insurable employment on account of permanent disablement due to injury suffered during employment shall be entitled to receive medical benefits.

3.  Domiciliary Treatment

The IPs and his/her family members are entitled to free medical treatment at their residence when the patient’s condition is such that he/she cannot undertake travel to attend the clinic/dispensary. The concerned IMO/IMP is required to attend to the person at his/her residence. The IMO/IMP is required to maintain a proper record of the domiciliary visits in a register month-wise.

4.  Consultation with Specialists

As per the Act, Specialist consultation to IPs and members of their family is to be provided in areas with “Expanded” and “Full” Medical care. Specialist consultation may be provided at Specialist/Diagnostic Center’s, ESI Hospitals, and at such other institutions where Specialists/Super Specialists have been appointed on a full-time/part-time basis.

Such Specialist Consultations are available in specialties like General medicine, Surgery, Pulmonary Medicine, Obstetrics and Gynaecology, Paediatrics, Ophthalmology, ENT, Orthopaedics, Cardiology, Neurology, Urology & Nephrology, Gastroenterology, Endocrinology, Oncology, and many other specialties.

5. In-Patient Treatment

In areas with “FULL” Medical Care facilities, the family members are entitled to hospitalization. IPs are eligible for hospitalization in all areas. All ESI Hospitals provide in-patient treatment. This facility is also available by reservation of beds in hospitals owned by the State government, or in Private institutions, or by constructing annexes to such institutions.

6.  Investigation and Imaging Services

The IPs and family members are entitled to free Laboratory Investigation and Imaging Services. The Imaging facilities include CT Scans, MRI & Echo-Cardiograph. These services can be availed from state-level specialty hospitals or other institutions that have tie-up with ESIC.

7. Artificial Limbs and Aids

IPs and their family member are provided the following Artificial Limbs and aids as part of the medical care under the ESI scheme.

Artificial Limbs, Hearing Aids, Wigs (for women beneficiaries only), Cardiac Pacemaker, Wheelchair/Tricycle, Spinal support, Cervical Collar, Crutches, Surgical Boots, Hip Prosthesis, intra-Ocular Lens, and any other aids or appliances prescribed by the Specialist. Apart from this, Spectacles, Artificial Dentures, and Artificial Eyes are available to the IPs only. The expenses incurred for purchasing artificial limbs and aids are met from the shareable pool of expenditure on medical care.

II.  Sickness Benefits

Sickness Benefit is a benefit in the form of cash compensation payable to the IPs during periods of certified sickness. 70% of average daily wages are payable to the IP up to a maximum of 91 days in a year on condition that the insured person has contributed for 78 days in a contributory period of 6 months.

1. Extended Sickness Benefit

Continuous insurable employment for two years with 156 days contribution in four consecutive periods is required to avail of this benefit if suffering from 34 specified long-term diseases.

The benefit is available for 309 days which may be extended up to two years on medical advice up to 60 years of age and can be availed during a period of three years. Rate: 80% of the average daily wages.

2. Enhanced Sickness Benefit

Payment of contribution for 78 days in the corresponding contribution period of six months

This benefit is payable to IPs undergoing sterilization for family planning. Full wages are paid for 7 days for Vasectomy and 14 days for Tubectomy, and are extendable on medical advice. The rate of payment is 100% of the daily average wages.

III.  Maternity Benefit

Payment of contribution of 70 days in two preceding contribution periods (one year).

Benefit: Up to 26 weeks in case of normal delivery and up to 6 weeks in case of miscarriage, that is extendable by 4 weeks on medical advice. For insured women with two or more surviving children Maternity Benefit will be for 12 weeks. Rate: 100% of the average daily wages.

IV. Disablement Benefit

1. Temporary Disablement Benefit

From day one of entering insurable employment irrespective of  having paid any contribution and payable for employment injury cases only.

Benefit: As long as temporary disablement lasts.  Rate: 90% of the average daily wages.

2.  Occupational Diseases

The Occupational Diseases is defined in the third schedule of ESI Act, 1948 and as confirmed by the Special Medical Board are treated as Employment injury.

Benefit: As long as temporary disablement lasts.  Rate: 90% of the average daily wages.

3.  Permanent Disability Benefit

Same as in the case of temporary disablement but after Medical Board decision.

Benefit:  For whole life.  Rate: 90% of the average daily wages if permanent disability is total.  In case of partial disablement proportionate to the loss of earning capacity.

V.  Dependent Benefit

If the IP is deceased and the cause of death is due to employment injury or occupational hazard, then the benefit is paid to the dependents of the deceased IP.

To the widow for life or until her re-marriage. To children till the age of 25 years. To dependent parents for life.

Rate: 90% of the average daily wages shareable in fixed proportion.

VI. Other Benefits

1. Funeral Expenses

From day one of entering insurable employment and if eligible for any benefit as an insured person. Rate:  Actual expenses subject to a maximum of ₹ 15,000 (w.e.f. 01-03-2019).

2. Confinement Expenses

Confinement expense is paid to a woman IP or an IP in respect of his wife in case the confinement occurs in a place where necessary medical facilities under the ESI scheme are not available.

Benefits: Up to two confinements only.  Rate: ₹ 5,000 per case.

In addition to the above, Vocational Rehabilitation benefit is provided to permanently disabled IPs for undergoing Vocational Rehabilitation training at the VT Centres. IPs are also eligible to receive Physical Rehabilitation benefits in case of physical disablement due to employment injury.

3. Unemployment Allowance

The IP also benefits from 2 schemes introduced by the Government:

1. Rajiv Gandhi Shramik Kalyan Yojana

This scheme was launched on 01-09-2005. In case of involuntary loss of employment due to closure of the establishment, retrenchment of due to permanent disablement due to non-employment injury and the contribution in respect of him have been paid/payable in for a maximum of 2 years prior to the loss of employment.

Benefit:  maximum twenty four months during the lifetime.  Rate:  50% of the average daily wages for first 12 months and thereafter 25% of average daily wages up to 24 months.

2. Atal Beemit Vyakti Kalyan Yojana

The ESI Corporation has introduced the Atal Beemit Vyakti Kalyan Yojana (ABVKY) with effect from 01-07-2018 as a welfare measure for employees who have been rendered unemployed.

Benefit:  Subject to the eligibility conditions, in the form of cash compensation up to 25% of the average daily wages up to 90 days, once in a lifetime, to be claimed after 3 months from unemployment in one or more spells.

4. Vocational Training

Vocational Training is provided in case of physical disablement due to employment injury.

Benefits: As long as vocational training lasts.  Rate:  Actual fee charged or ₹ 123 a day or whichever is higher.

5. Physical Training

Physical Training is provided in case of physical disablement due to employment injury.

Benefits: As long as a person is admitted in an artificial limb Centre. Rate:  100% of the average daily wages.

6. Skill Upgradation Training

Skill Upgradation Training is provided in case of physical disablement due to employment injury.

Benefits: For a short duration maximum up to 12 months.

7. Quota for MBBS/BDS Admission

The children of Insured Person/Insured Woman who satisfy the eligibility conditions as per the guidelines issued by ESIC Headquarters from time to tome published in the website www.esic.nic.in will be eligible for admission under IP quota in Medical Institutions.

Benefits:  MBBS/BDS seats are reserved for wards (children) of IP in ESIC Medical/Dental Colleges. The candidate should attend the NEET Examination and should find a place in the rank list.

Conclusion

The benefits provided to employees through the ESI scheme have enabled employees to withstand the financial pressures due to medical emergencies and injuries caused in the course of employment. Both the IPs and their family members have benefitted greatly from these schemes and they stand testimony to the various welfare measures introduced for the welfare of employees.

GetifyHR, one of the premier outsourcers of Payroll Processing and HR Management has been assisting clients across the country in all aspects of payroll processing and statutory compliance issues. We have been able to also assist employees to receive all their benefits so that they could tide over very serious crises in their life by way of hospitalization due to medical emergencies and injuries suffered during employment. This has enabled management to enjoy a greater rapport with the employees and has helped to promote positive growth.

Professional Tax

What is Professional Tax, Rates, Due Date, Compliance

Professional Tax is a direct tax levied by the state government on individuals who earn a living through employment or as professionals like doctors, lawyers, chartered accountants, any business, freelancers, HUF, and other professionals. The Professional Tax rates and the methods of tax collection differ from state to state and some states do not impose this tax.

The state governments are empowered to frame these laws pertaining to Profession tax under Article 276 of the Constitution of India which deals with tax on profession, employment, and callings.

Professional Tax is levied by the Commercial Taxes Department of each State. The tax is levied based on the income earned through profession, business, or employment. In other words, it’s a tax ₹that is to be paid by each individual who earns income. As mentioned earlier, the tax amount collected differs from state to state and each state or union territory follows its slab system to collect the tax. However, there is a ceiling on the amount of tax that can be collected in a year.

When Professional Tax was imposed in the year 1949 the maximum amount to be collected was ₹ 250 per year. In the year 1988, this was raised to ₹ 2500, and till today it remains unchanged.

What are the different professional tax rates?

The slab structure existing in 2 major districts is briefed hereunder to illustrate the Professional tax rates.

Professional tax slabs in Coimbatore
Salary Slab Tax Amount
Upto  Rs.21,000 NIL
Rs. 21,001 to 30,000 Rs. 171
Rs. 30,001 to 45,000 Rs. 428
Rs. 45,001 to 60,000 Rs. 856
Rs. 60,001 to 75,000 Rs. 1250
Above Rs.75,000 Rs. 1250
Professional tax slabs in Chennai
Salary Slab Tax Amount
Upto  Rs.21,000 NIL
Rs. 21,001 to 30,000 Rs. 135
Rs. 30,001 to 45,000 Rs. 315
Rs. 45,001 to 60,000 Rs. 690
Rs. 60,001 to 75,000 Rs. 1025
Above Rs.75,000 Rs. 1250

States and Union Territories where Professional Tax is applicable

The following are the states and union territories where Professional Tax is applicable:

  1. Andhra Pradesh
  2. Assam
  3. Bihar
  4. Chattisgarh
  5. Gujarat
  6. Jharkhand
  7. Kerala
  8. Karnataka
  9. Maharashtra
  10. Megalaya
  11. Madhya Pradesh
  12. Manipur
  13. Mizoram
  14. Nagaland
  15. Odisha
  16. Puducherry
  17. Punjab
  18. Sikkim
  19. Tamilnadu
  20. Telangana
  21. Tripura
  22. West Bengal

States and Union Territories where Professional Tax is not applicable

The following are the states and union territories where Professional Tax is not applicable:

  1. Arunachal Pradesh
  2. Andaman and Nicobar Islands
  3. Chandigarh
  4. Delhi
  5. Daman & Diu
  6. Dadar and Nagar Haveli
  7. Goa
  8. Himachal Pradesh
  9. Haryana
  10. Jammu & Kashmir
  11. Ladakh
  12. Lakshadweep
  13. Rajasthan
  14. Uttar Pradesh
  15. Uttarakhand

Who collects Professional Tax?

The Commercial Tax Department of the respective state is responsible to collect Professional Tax.

Whose responsibility is it to pay Professional Tax?

Based on whether the taxpayer is a salaried employee, a professional, a trader, or a freelancer the method of paying Professional Tax varies.

  • If the taxpayer is a salaried employee, then it is the responsibility of the employer to deduct the tax complement and remit the tax to the government.
  • If the taxpayer is a professional like a doctor, a chartered accountant, an engineer, a lawyer, or some other professional, the individual has to register with the department and pay the relevant tax as and when it is due.
  • Individuals who are carrying out freelancing activities are required to register with the department and pay tax accordingly.
  • Any individual who is carrying on a trade (Corporate, partnership firms, sole proprietorship, etc.) is also required to register and obtain a Professional Tax registration certificate to be able to pay the relevant tax. In addition, the employer has to obtain a professional tax enrolment certificate to be able to deduct the tax from his employees and pay the government. Where the offices are located in different locations, separate registration has to be obtained.

Who is exempted from paying Professional tax?

The Professional Tax Rules expect every individual who earns a regular income to pay the tax to the government as and when due. However, there are certain exemptions to these rules. The list below gives details of the categories of people who are exempted from paying Professional Tax.

  • Members of the three services, the Army, Air Force, and Navy.
  • An individual who suffers from mental or physical disability. The disability could be blindness, deafness, or any other disability.
  • Parent of children who suffer from mental or physical disability.
  • Hospitals run on charity that is located in places that are below the taluk level.
  • Workers who are temporarily employed in a factory.
  • Individuals running educational institutions.
  • A foreigner who has been employed by the State.
  • Any individual whose age is above 65 years.
  • Women who are solely engaged as agents under the Mahila Pradhan Kshetriya Bahat Yogana (MPKBY) of the Government of India.

Penalties for non-compliance with Professional Tax rules and non-payment of tax

The penalty for non-compliance and non-payment of tax is determined by the Professional Tax regulation of each state. Businesses that fail to register with the authorities or default in payment or fail to file the returns by the scheduled date are penalized with fines, late fees, or interest. For example, Karnataka imposes a fine of 1.25% per month on any unpaid tae, whereas, West Bengal imposes an annual fee of 12% on a registered employer who fails to pay the tax dues. In Maharastra, the penalty of ₹ 5 per day is imposed for late registration. For late payment of tax, 1.25% monthly interest is charged and for non-payment, a 10% penalty is imposed. For late submission of returns, the penalty is in the range of ₹ 1000 to ₹ 2000.

Conclusion

Professional Tax is a mandatory tax levied on every individual who earns a living. This may be a very onerous tax and with the frequent changes in the rules and regulations, it is advisable to consult with professionals to be fully compliant.

GetifyHR has immense experience in handling Professional Tax and all other Statutory Compliance issues. With our high-performance, technology-oriented, cloud-based outsourcing Payroll and HR Management module, we have been able to reduce the burden of our valued clients in handling the payroll. All statutory compliance issues including Professional tax matters have been skilfully handled thus guaranteeing the smooth running of the entire payroll and management process.

Higher Pension

The EPFO Higher Pension Scheme: Guidelines, Forms, Calculation, Formula, Eligibility, Benefits

The Employees Provident Fund Organization (EPFO) launched the Employees Pension Scheme (EPS) in the year 1995.  Through this scheme EPFO members are entitled to a pension after retirement.  The employee’s contribution of 12% of salary was fully utilised towards EPF, whereas from the employer’s contribution 8.33% goes to EPS and 3.67% to the EPF.

Initially, the pensionable salary was capped at ₹ 5000 and was subsequently raised to ₹ 6500.  In March 1996, a provision was added to para 11(3) of the EPS-95 act giving the option to the employee and employer to contribute at the actual salary (above the cap of ₹ 6,500) to the EPS.  However, the members were given 6 months to file a joint option form for higher pension contribution to the EPS.

On 01-09-2014, the Government amended the EPS-95 through the Employees Pension (Amendment) Scheme, 2014 in which the maximum pensionable salary was raised to ₹ 15,000.  However, the provision to para 11(3) that allowed the option of joint filing by the employee and employer for higher contribution to the EPS has been omitted.

Employees who joined the EPS after 01-09-2014 can only make the contribution at 8.33% of the maximum pensionable salary of ₹ 15,000, even though they drew a higher salary.  Employees who joined before 01-09-2014 could, however, contribute to EPS on the actual salary as against the cap of ₹ 15,000 if they filed a new joint option with the EPFO within 6 months, i.e., 28-02-2015.

Pension Contribution on Higher Salary under EPS

The Employees Pension (Amendment) Scheme 2014 regarding pension contribution on higher salary became contentious as many employees are not fully aware of these options.  EPFO also rejected the joint option filed by many employees and where the employers contributed 8.33% towards EPS on employees’ actual salaries without filing joint option, the pensionable salary was taken as ₹ 15,000 for pension calculation.

This prompted many employees to file cases in various High Courts and the matter was finally taken up by the Supreme Court.  The decision of the Supreme Court is briefly tabulated hereunder:

Employee Status Whether Joint option exercised Whether eligible to claim 8.33% pension contribution on higher salary Mode for claiming higher pension.
Employee in service as on 01-09-2014 Yes.  Joint option rejected by the EPFO YES By filing an application for higher pension

 

Employee who retired before 01-09-2014 No.  Contribution to EPS above its cap of  ₹ 5000 / 6500 YES By exercising the option before  03-05-2023
Employee who retired before 01-09-2014 Yes.  Joint option rejected by EPFO YES By filing both, a joint option and an application for higher pension
Employee who retired before 01-09-2014 No.  Did not exercise joint option. NO Not applicable

The Supreme Court ruled that employees who were part of the EPS but have not exercised the joint option can do so before 03-05-2023.  For such employees, the higher EPS contribution will be calculated from the date of joining.

Eligibility for EPS Higher Pension

The eligibility criteria and application process for claiming higher pension has been set out in the circular issued by EPFO in December 2022.  The following are the eligibility criteria:

  • All member employees who retired before 01-09-2014
  • All member employees who exercised the joint option under para 11(3) of EPS-95.
  • The employees and employers who contributed towards EPS on salaries exceeding the wage ceiling of ₹ 5000 or ₹ 6500
  • In case the EPFO has declined the exercise of such option.

However, the circular has not provision to provide a higher pension option for employees who were members of the EPF before 01-09-2014 but are still working or who retired after 2014.  The Supreme Court judgement however, ruled that such employees are eligible to claim a higher pension.

In response, the EPFO issued another circular in February 2023 providing higher pension eligibility or employees in service or who retired after 2014.  The eligibility criteria to file a joint option for getting a higher pension as per the new circular are given below:

  • All employees who were members before 01-09-2014 and continue to be members after that date.
  • The employees and employers who contributed to EPS on salaries exceeding the wage ceiling of ₹ 5000 or ₹ 6500
  • The employees and employers who were members of EPS-95 and did not exercise the joint option provided under the deleted para 11(3) of the EPS and the Amendment of 2014.

The employees who were members of EPS-95 and exercised the joint option under the deleted para 11(3) of the EPS but did not file new joint option after the amendment of 2014 are not eligible to claim a higher pension.  The EPS contribution of such employees will be 8.33% on the maximum amount of ₹ 15,000, irrespective of their actual salaries.

The Process of applying for Higher Pension in EPS

The application for joint option or claim for higher pension is specified by the concerned Regional Provident Fund Commissioner (RPFC).  The EPFO has released a URL for applying online.  Four steps are involved in this process.

Step 1:   The employee has to visit the EPFO Unified Member Portal.  The Universal Account Number (UAN) has to be used for this purpose.

Step 2:   Click on the application Form for “Joint Option” option.

Step 3:   This step is to validate your option.  If you retired before 2014 then click on “Validation of Joint Option for employees who retired before 01-09-2014 and exercised joint option”.

If you retired after 2014, then click on “Exercise of Joint Option for employees who were in service prior to 01-09-2014 and continued to be in service on 01-09-2014 but could not exercise the joint option”.

Step 4:   Fill in all the relevant details and submit the form.

The EPFO will digitally register each application and a receipt number will be allotted to the applicant.  The application is then forwarded to the respective employer for verification.  The verified files with the e-sign/digital signature will go for further processing.  The RPFC will convert all the applications received into e-files.

The application will be examined and forwarded to the section account officer/supervisor by the dealing assistant.  The concerned section account officer/supervisor will mark all discrepancies and forward to the Asst. Provident Fund Commissioner (APFC/RPFC-II).

The APFC/RPFC-II will examine the application and convey the decision regarding higher pension to the applicant via email, post or SMS.

Submission of Higher Pension Option Form

All eligible employees who become members of EPS-95 but are retired/working after 2014 can apply and submit the joint option forms online or with the concerned Regional Provident Fund Officer within 03-05-2023 to receive higher pension.

Guidelines for receiving Higher Pension through EPS

The following are the guidelines to be followed for receiving higher pension:

  • All joint option forms or higher pension claim applications should be accompanied by a disclaimer or declaration.
  • The employee has to give full consent in the joint option/application for a share adjustment from EPF to EPS and for a re-deposit of the amount.
  • The employee has to give an undertaking to the trustee for a share transfer of funds from exempted PF Trust to the EPS fund. The undertaking will be effective for the deposit of due contribution and interest thereon up to the payment date within the specified time.
  • The employees’ share of contribution will be deposited with interest at the rate declared under para 60 or the EPF scheme, 1952 for employees of unexempted establishments.
Documents to be submitted with Higher Pension claim application
  • Proof of joint option verified by the employer filed under para 26(6) of the EPF scheme.
  • Proof of joint option verified by the employer filed under para 11(3) of the Act.
  • Proof of remittance of EPS contribution in the PF Account exceeding the capped wage limit of ₹ 5,000 or ₹ 6,500.
  • The written refusal of APFC or EPFO to such remittance or request.
Documents to be submitted for joint option application
  • Proof of remittance of EPS contribution in the PF Account exceeding the capped wage limit of ₹ 5,000 or ₹ 6,500.
  • Proof of joint option verified by the employer filed under para 26(6) of the EPF scheme.
EPS Higher Pension Calculation

The formula for calculating the EPS higher pension is as follows:

Monthly Pension amount  =   Pensionable Salary  x  Pensionable Service/70

Pensionable Salary is the average salary drawn over the last 60 months.

Pensionable Service is the number of years contributions were made to the EPS account.

In case an employee renders more than 20 years of service before retirement at 58 years, then a weightage of 2 years is added to the service period.  However, the maximum pensionable service is limited to 35 years.

Calculation on cap of ₹ 15,000 for a pensionable service of 25 years:

Salary EPF Contribution EPS @ 8.33% of ₹ 15,000 EPF Contribution
50,000 6,000 1,250 4,750

Calculation on Actual salary for a Pensionable Service of 25 years:

Salary EPF Contribution EPS @ 8.33% of ₹ 50,000 EPF Contribution
50,000 6,000 4,165 1,835

Monthly Pension when you do not file a Joint Option:

Age when joined EPF Retirement Age Pensionable Salary Pensionable Service Pension Amount due
30 58 15,000 28 15,000 x 30 (28+2)/70 = 6428

Monthly Pension when you file a Joint Option:

Age when joined EPF Retirement Age Pensionable Salary Pensionable Service Pension Amount due
30 58 50,000 28 50,000 x 30 (28+2)/70 = 21,428
Employees' Pension Scheme

Employees’ Pension Scheme and the types of Pension available

The Employees’ Pension Scheme (EPS) is a social security scheme administered by the Employees’ Provident Fund Organization (EPFO). Launched in the year 1995, the scheme provides for employees working in the organized sector pension after their retirement at the age of 58 years. The benefits of the scheme can be availed by employees who have put in service for at least 10 years and this does not have to be continuous service. The scheme allows both existing and new EPF members to avail the benefit.

The pension fund is created from the contribution made by the employees and employers towards EPF.

Both the employees and the employer contribute 12 percent each of the basic salary towards the fund of which the entire share from the employees is contributed towards EPF, whereas, 8.33 percent of the employer share is contributed towards EPS, and the balance of 3.67 percent is contributed towards EPF every month. The government of India contributes 1.16% of your average salary (Basic Wages) towards this fund.

EPS eligibility criteria

To be eligible to avail of the benefits under the Employees’ Pension scheme, the employee should be a member of EPFO. Apart from this, the following conditions apply.

  • The employee should have completed 10 years of active service (need not be continuous service) along with an active contribution towards the pension fund for the same number of years. If an Employee is still in service and hasn’t completed 10 years, EPS amount cannot be withdrawn.
  • Should have reached the age of 58 years.
  • Should have attained 50 years of age to withdraw EPS pension at the lower rate.
  • Can delay the withdrawal of pension by 2 years i.e., till he reaches 60 years, to be eligible to get pension under EPS at the additional rate of 4% annually.
  • If a member becomes totally and permanently disabled he is entitled to a pension irrespective of whether the member has served the pensionable service period or not.
How to calculate Pension under EPS?

To calculate the pension we have to understand two terms, and they are Pensionable salary and Pensionable service.

Pensionable Salary

Pensionable salary is the average salary in the last 60 months before exiting the scheme. During the 60 months, if there are non-contributory periods, these periods will not be considered and the benefit of the days of non-contribution would be given to the employee.

Pensionable Service

The actual duration of employment is the pensionable service of the individual. Service periods under different employers are all added together at the time of calculating the pensionable service periods.

The minimum pensionable service period is 6 months and, therefore, the service period is considered on a 6-monthly basis. For an individual who has put in service of say, 9 years and 2 months, the pensionable service is considered as 9 years. Likewise, if the service duration is 9 years and 10 months then the pensionable service is considered 10 years.

The Calculation

The Pension amount due to an employee depends on the pensionable salary of the member and the pensionable service. The Pension amount is calculated on the following formula:

Monthly Pension due to a member = Pensionable Salary x Pensionable Service/70

The maximum pensionable salary as per EPS is limited to ₹ 15,000 per month. Considering that the employer contributes 8.33% of the salary in the employees’ EPS account, the amount deposited into the account every month is

₹ 15,000 x 8.33/100 = ₹ 1250

Monthly Pension due to a member = Pensionable Salary x Pensionable Service/70. For a person who has put in 20 years of service the pension will be:

₹ 15,000 x 20/70 = 4285

What are the Benefits of EPS?

All eligible members of EPF can avail of pension benefits in accordance with their age from when they decide to withdraw their pension. The pension amount will vary in different cases.

  • Pension at the time of Retirement.

    An employee becomes eligible for pension benefits once he/she retires at the age of 58 years. During this period of service the member should have been in service for 10 years (this need not be continuous). A certificate is generated that can be used to withdraw monthly pensions by filling out Form 10D.

  • Pension on leaving service prior to becoming eligible for monthly pension

This benefit is available to an individual who has not put in 10 years of service before attaining the age of 58 years. The member can withdraw the entire sum on attaining 58 years by filling out Form 10C.

  • Total Disability Pension

A member who suffers total and permanent disability is entitled to receive a monthly pension irrespective of the fact that he has not fulfilled the pensionable service period. The employer has to contribute to his EPS account for at least one month to be eligible for the pension.

The pension has to be paid from the date of permanent disability and is payable for a lifetime. The member has to undergo a thorough medical examination to identify whether he is unfit for the job that he was performing before becoming disabled.

  • Pension for the Family after the death of the member

The family of the member becomes eligible for pension benefits in the following cases

– In case of the death of the member while in service and the employer has deposited    funds into the EPS account for at least one month

– In case the member dies before attaining 58 years but has put in 10 years of service.

– In case of the death of a member after the commencement of the monthly pension.

Different Types of Pensions under EPS

EPS offers different types of pensions. They include pensions for women, children, and orphans and these provide additional income to the family member of the subscriber.

  • Widow Pension

Widow Pension or Vridha Pension as it is also known is applicable to the widow of the member eligible for pension. The pension amount will be payable until the death of the widow or until her remarriage. In cases where there is more than one widow, the pension amount will be payable to the eldest widow. The minimum pension amount is ₹ 1,000 and the ceiling for the pensionable salary has been increased to ₹ 15,000 from the earlier ₹ 6,500. Hence higher pensions will now be available.

  • Child Pension

In the event of the death of a member, a monthly child pension is applicable for the surviving children in the family in addition to the monthly widow pension. Child pension will be paid till the child attains the age of 25 years. The amount payable is 25% of the widow’s pension and will be paid to a maximum of two children.

  • Orphan Pension

In case the member dies and does not have a surviving widow, then the children are entitled to receive a pension under the scheme. The benefit will be available to two surviving children and they will get 75% of the value of the monthly widow pension.

  • Reduced Pension

Under the EPS scheme, a member can withdraw early pension if he or she has not attained 58 years but has reached 50 years on condition that they have actively contributed towards EPF for 10 years or more. The value of the pension is slashed by 4% for every year the age is less than 58 years. On attaining 58 years the pension will be paid at the actual rate.

Pension Forms that are to be submitted to avail of benefits

A member or family member eligible to receive the pension has to submit the following forms to avail of the pension benefits.

FORM 10C

Form 10C is for claiming a withdrawal/Scheme Certificate. The form can be used by:

  • Any member who has left the employment before completion of 10 years of service.
  • Any member who has attained 58 years before completion of 10 years of service irrespective of whether the member is in service or has left service.
  • A member who has completed 10 years of service on leaving service but has not attained the age of 50 years on the date of applying or
  • If a member has attained the age of 50 years or more but less than 58 years and is not willing for a reduced pension.
  • The family members or legal heirs or nominee of a deceased member who had died after attaining 58 years of age but had not completed the eligibility criteria of 10 years of service.
FORM 10D

Form 10D is the normal form that a member needs to fill to withdraw pension under the following conditions:

  • Retirement Pension by a member on attaining 58 years of age, whether in service or not.
  • By a member who leaves service after the age of 50 years but below 58 years and opts for a Reduced Pension.
  • To claim Disablement Pension by a member on leaving service due to total and permanent disablement.
  • For claiming widow and child pension by the family (spouse and children) on the death of the member.
  • For claiming Orphan Pension by surviving son/daughter on the death or remarriage of the spouse of the deceased member.
  • For claiming Nominee Pension by nominee declared by the member through his/her Form 2(R) in case the member had no family (spouse and children).
  • For claiming Dependent Pension by the dependent father or mother of the deceased member who died without a family (spouse and children) and failed to nominate a person for claiming the pension.
Points to remember about EPS
  • The employee does not contribute towards the fund. The employer makes all contributions towards EPF.
  • From the 12% contributed by the employer, 8.33% goes towards EPS.
  • The employees’ pay is made of Basic wages, retaining allowance, and admissible cash value of food concessions.
  • The employer has to contribute within 15 days of the close of every month.
  • The employer should meet all the applicable costs involved.
  • The principal employer is responsible for making contributions for all employees working for him directly or under a contractor.
  • The minimum service period to be eligible for availing pension benefits is 10 years.
  • In case an employee has completed less than 10 years of service but has served for more than 6 months, you can withdraw the EPS amount on being unemployed for more than two months.
  • The scheme has fixed 58 years as the age for retirement.
  • On reaching the age of 58 a member ceases to be a member of the Pension Fund.
  • An employee who starts availing reduced pension at the age of 50 ceases to be a member of the Pension Fund.
Conclusion

The Employees Pension Scheme has been a great boon for employees especially post-retirement. Like all other social security schemes, it has provided a lifeline to employees who have retired or who have opted for pension before reaching the retirement age of 58 years. Where the EPS member has died during service or post-retirement it has extended this benefit to the family members, namely the spouse, and children.

Overall, the scheme has brought cheer to a great many families whose bread-winner had either retired or had become fully disabled due to an accident or disease.

GetifyHR, one of the leading Payroll and HR management outsourcers in the region have assisted numerous clients spread across the country in handling not only the Payroll and HR activities but also have supported the employees to get their due benefits from the various government agencies that are promoting schemes to support them. An association with GetifyHR will not only ease the pressures in the workplace and promote growth but will also provide support to the employees in multiple ways.

 

 

contract labour

The Contract Labour (Regulation and Abolition) Act, 1970

Introduction

A contract labourer is one who is assigned to work in an establishment for a specific period through a contract by a contractor with or without the knowledge of the principal employer. They are indirect employees who are either paid daily wages or paid the accumulated daily wage at the end of the month. The contractor is responsible to hire, supervise and remunerate the contract labourers.

The practice of employing workers on a contract has been widely used in India for a very long time. Before and after independence the issue of contract labour has been a seriously analyzed topic and innumerable commissions, committees and even the Ministry of Labour have tried to identify the working conditions of such workers.

Studies have shown that contract labourers live in poor economic conditions and since their job is casual in nature they lack job security. Since there were no regulations and controls, the contract labourers were exploited for the gain of the employer and contractor. To regulate the employment of contract labour and free them from exploitation the government enacted a legislation called the Contract Labour (Regulation and Abolition) Act, 1970. On 10th February 1971, the Act came into force and will be applicable throughout the country.

Objectives and scope of this Act

The main objectives and scope of the Act are:

  • To prevent the exploitation of contract labour
  • To provide proper working conditions
  • To lay down the rules and regulations regarding the registration process of the establishments employing contract labour.
  • To state the requirements and the procedures of licensing contracts.
Who does the Act apply to?

The Act will apply to establishments under the following conditions:

  • Any establishment where 20 or more workmen are employed or were contracted as contract labour on any day during the preceding 12 months.
  • Any Contractor who employs or has employed 20 or more workmen on contract labour on any day of the preceding 12 months.
Establishments to which the Act does not apply

The Act does not apply to establishments that perform works of casual or intermittent nature

  • Seasonal work that is performed for less than 60 days
  • The work is considered intermittent if the work is performed for less than 120 days in the preceding 12 months.

Main Definitions

Principal Employer

The Principal Employer includes the head of any government or local authority, the owner or occupier, or the Manager of a factory (Under the Factories Act). The Owner, Agent, or Manager of a mine or any person responsible for the supervision and control of the establishment is also included.

Contractor

The Contractor refers to any person who supplies contract labour for any work to any establishment. This could also include the sub-contractor. A contractor to whom the Act applies has to take a license under the Act.

Establishment and Composition of the Advisory Boards

The Contract Labour (Regulation and Abolition) Act, 1970 provides for the establishment of Central and State Advisory Boards. The Boards are established to advise the Central and State governments respectively on matters concerning the administration of the Act and to carry out the functions assigned under the Act.

The Central Advisory Board

The Central Government constitutes the Central Advisory Board with representation from the Government, the Railways, the coal industry, the mining sector, the contractors, the workmen, and any other sector that is deemed fit by the government. The Central Government may nominate eleven to seventeen members to the Advisory Board.  The Number of members nominated from the workmen’s side should not be less that the number of members representing the principal employer and contractors. Apart from these members, the Board consists of a Chairman appointed by the Central Government and the Chief Labour Commissioner.

The State Advisory Board

The State Advisory Board is constituted by the respective State Governments and consists of a Chairman appointed by the government, the Labour Commissioner of that State and in their absence the State Government will appoint any other officer.

Apart from these members, the State government may nominate nine to eleven members to represent the government, industry, contractors, workmen, and other members from any other sector that the State government decides. The number of members nominated to represent the workmen shall not be less than the members nominated to represent the principal employer and the contractors.

The Central and State Advisory Boards have the power to form committees under the Act as they deem fit. The committee will discharge their duties and responsibilities in accordance with the provisions of the Act.

Registrations of Establishments hiring contract labour

Every establishment that proposes to hire contract labour is required to obtain a certificate of registration from the respective government. The registration procedure is as follows:

  • The Establishment should submit the application in Form No.1 to the Registration Authority along with the receipt of payment of the prescribed registration fee.
  • If the application is found correct in all respects, the Registering authority can register the establishment and issue a copy of the registration certificate in Form II.
  • The Certificate of Registration will contain the name and address of the establishment, the maximum number of workers to be hired as contract labour, the type of business, and any other important particulars.
The Responsibilities of the Employer

The employer has to fulfill the following responsibilities:

  • Register the Establishment.
  • Engage contract labour only through licensed contractors.
  • Display a notice showing the name and address of the Inspector in English and the local language along with details of wages and date of payment of wages.
  • Should ensure that the contractor pays the wages as per the wages fixed by the government or as fixed by the Commissioner of Labour or in their absence pay fair wages.
Licensing of Contractors

Every Contractor who wishes to undertake or execute any work through contract labour is required to obtain a license from the Licensing Authority. This condition applies to a contractor who has employed twenty or more workers during any day of the month.

The Procedure for obtaining a License

The licensing authority issues the license under Sec.12 of the Act.

  • The contractor has to make an official request to the Licensing Authority along with the application form.
  • Deposit the appropriate security deposit.
  • The license will include such conditions as the hours of work, fixation of wages, and other amenities due to contract labour.
  • The application in the prescribed form should contain the particulars regarding the location of the establishment, the nature of the process, operation, or work for which contract labour is to be employed, and such other details.
  • The license is valid for the period mentioned therein and may be renewed from time to time for such a period. The relevant fee has to be paid.

Provide the following facilities:

  • A canteen to the contract labour when they employ 100 or more workers and the work is performed for 6 months or more.
  • Provide adequate urinals for men and women separately.
  • Provide drinking water, washing facility, first aid, crèche, etc.
  • Properly maintain the various registers and records
  • Maintain a separate register of Contractors in Form XII
  • File the required returns (Annual) to the licensing authority by 15th February of the year.

Responsibilities of the Contractor

The Contractor has the following responsibilities:

  • Has to get approval from the Principal Employer.
  • Has to obtain a license from the Licensing Authority.
  • Raise monthly Bills for payment to the contract labour.
  • Maintain all relevant Registers likeMuster Roll, Wage register, etc.
  • Has to pay the wages on or before the 7th of each month.
  • Disburse the wages in the presence of the representative of the employer.
  • Have to distribute employment cards to all the workers three days before the commencement of work.
  • Have to file the half-yearly return in Form XXIV after 30 days from the close of the half-year, i.e. June and December.

Penalties

Anyone who violates any clause of the Act or any of the rules under the Act will be liable to imprisonment to the extent of 3 months or with a penalty of One thousand rupees or both. If the violation continues then an additional fine of one hundred rupees per day for every day of contravention will be imposed.

Shortcomings in the Act that need change

The Contract Labour (Regulation and Abolition) Act, 1970 has several drawbacks that need to be addressed by the legislature for better implementation.

  • The Act does not differentiate between core and peripheral activities and this has led to non-implementation.
  • The Act applies to establishments employing 20 or more contract labourers. Establishments and contractors avoid this responsibility by employing less than 20 labourers.
  • Establishments misuse the provision by taking licenses under different names, a single-window system should be adopted for issuing the registration and there should be a licensing authority to handle the issue in every state.
  • The penal provisions of the Act are not deterrent enough and, therefore, principal employers prefer to pay the penalty rather than follow the provisions of the Act.
  • There is a need to extend the education scheme to contract labour as most of them are unskilled, illiterate, and ignorant of their rights.
  • As there are no direct or independent provisions under the Act to file for claims etc., these claims are filed under the Payment of Wages Act or Minimum Wages Act. This has to be included in the Act itself.

Conclusion

The Central Government enacted the Contract Labour (Regulation and Abolition) Act, 1970 to prevent exploitation of the contract labour by both employers and contractors. The Act provides them with certain rights as contract labour and gives them a legal provision to demand their just dues. However, the shortcomings have to be addressed and must be legislated so that necessary changes can be made to strengthen the provisions. There is also a need to make the Act less complicated for the principal employers and contractors and with provisions for better safeguards and amenities to contract labourers.

GetifyHR, with its years of experience in handlingPayroll and all Statutory Compliance rules and regulations, have assisted clients in handling their requirements of contract labour. We expertly handle all issues pertaining to the employment of contract labour, and establishments have gained from our expertise in the eficient handling of contract labour.  Our high-end, cloud based Payroll module is capable of handling these issues in a seamless manner, making it easier for organizations to have the relevant details at the click of a button, as and when they require it.

 

Labour Welfare Fund

Tamil Nadu Labour Welfare Fund New Amendment


The Tamil Nadu Legislative Assembly introduced a Bill in the Legislative Assembly of the State on 6th September 2021, called the Tamil Nadu Labour Welfare Fund (Amendment) Act, 2021. The Act amends the Tamil Nadu Labour Welfare Fund Act, 1972 with regard to the contribution towards the TNLWF. By this amendment, changes were made in the contribution towards the fund from the employee, employer and the government.

However, by the Notification issued by the Government of Tamil Nadu vide G.O. Ms. No.160 dated 2nd December 2022, the amount of contribution has been further substituted as follows:

1. The employee contribution has been substituted from the earlier sum not exceeding ₹ 10 per year to a sum not exceeding ₹ 20 per year.

2. The employer contribution has been substituted from the earlier sum not exceeding ₹ 20 per year to a sum not exceeding ₹ 40 per year.

3. The Government contribution has been substituted from the earlier sum not exceeding ₹ 10 per year to a sum not exceeding ₹ 20 per year.

G.O Copy link


Changes have been introduced in various labour laws across the country and most companies are hard-pressed to keep track of these changes. GetifyHR has been providing highly efficient service to companies to handle Payroll Processing, Leave and Attendance, Statutory Compliance requirements, etc. Importantly, GetifyHr has enabled companies to be fully updated of all the frequent changes in the different labour laws in operation across the country. With our high-end, cloud-based payroll module we have been able to keep our clients fully compliant of all the statutory rules and regulations.
PF and ESI Inspections

EPF and ESI Inspection criteria and the documents to be produced before the Inspectors!

The need to ensure social-economic justice for the people and establish a Welfare state is enshrined in the Constitution of India. Employees, especially in the private sector found themselves in trouble once they retired.

To alleviate this problem the government introduced a long-term savings scheme that would support them in retirement or superannuation. This legislation is the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (EPF and MP Act).

Similarly, there was a need to safeguard the lives of employees against the effect of sickness, physical disability, and death due to the nature of work. The Employees’ State Insurance Act, 1948 was legislated by the government to take care of this aspect. This Act supports them during such eventualities.

Inspection Policy for EPF and ESI

Both these Acts have proper guidelines on the inspection of the registered entities under the Act. In this article, we shall delve into the criteria for inspection and the documents that are required to be produced during such inspections.

EPF Inspection criteria

Inspection guidelines have been passed to achieve the objectives of simplifying business regulation and bring in transparency and accountability to labour inspections.

The inspections can be either mandatory or optional.

Mandatory Inspections

Inspections are mandatory under these conditions:

  1. All new covered/registered establishments are prone to mandatory inspections.
  2. All establishments registered on the Electronic Challan cum Return Portal (ECR) that are not marked as closed and are not complying.
  3. All establishments that have sent in a closure request.
Optional Inspections

Optional Inspections are undertaken under the following conditions:

  1. When the remittances towards EPF drop in excess of Rs:10,000
  2. Membership drops in excess of 50 members
  3. All other units where there is a weightage drop of 20%.
Inspection procedure

Normally the establishment is informed about the inspection and these are carried out during normal working hours. At the time of inspection the following documents have to be produced:

A 100-page notebook that is generally available in Labour Law Stationery Book stores should be kept ready for the Inspector to note his/her remarks. All other records/registers in respect of EPF have to be submitted for inspection and they are:

  1. Attendance Register or Muster Roll
  2. Wage/Salary Register
  3. Bank Statement
  4. Ledger/Cash Book/Vouchers
  5. Copies of the Audited Balance Sheet
  6. Challan Copies
  7. EPF Code Allotment Letter & Form 5A
  8. Bonus Register
  9. Overtime Register
  10. Active UAN List
  11. List of Contractors, nature of work, and compliance made by the

The Inspector, after the inspection, has to note down his/her remarks in the Inspection Book and sign the same.

ESI Inspection criteria

ESI Inspections also follow the same pattern as EPF.

  1. All new units that are covered/registered.
  2. All establishments that have defaulted for a period of 6 months
  3. Units that have made closure requests.
  4. Units where no inspection has been carried out in the last 3 years.
  5. Whenever such inspection is required by Central Data Analysis Unit (CDAU).
  6. When there is a 30% drop in the contribution when compared to the previous contribution period. The top 30% of such units will be inspected.
  7. When there is a drop in the number of employees by 30% and above when compared to the previous contribution period (over a period of 6 months). The top 30% of such units are to be inspected.
  8. Security/Manpower agencies that employ more than 250 employees where inspection has not been conducted in the last 2 years. The top 30% of such units are to be inspected.
  9. Any other units that do not fall into any of the above categories. The top 10% of such units are inspected.
 Inspection procedure

Normally the units are informed about the inspection and these are carried out during normal working hours. At the time of inspection the following documents have to be produced:

  1. Attendance Register
  2. Wages or Salary Register
  3. Bank Statement
  4. Ledger/Cash Book/Vouchers
  5. Copies of the Audited Balance Sheet
  6. Challan copies
  7. ESIC Form 32 register
  8. Accident Book under Rule 66
  9. All other documents related to payments made to employees
  10. List of Contractors, nature of work, and compliance made by them.
Conclusion

The Inspection procedure for both EPF and ESIC are very similar. The Registered units have to be fully prepared with all the relevant records/registers during the time of inspection. Non-availability of such records or registers will be viewed seriously and the authorities are empowered to take strict action against such units.

GetifyHR, which has years of experience in handling these matters can provide the ideal solution for companies to go through these procedures without any stress. Our Payroll and HR module can provide all the required inputs to the authorities as and when required and in the process keep the company fully compliant at all times.