Compliance Calendar for July 2014

Accident compensation for a driver

suffering with chest pain...
Declaration of lock out justified when the
workers
Transfer of an Employee cannot be
stalled
Inspection scheme of Employees
Provident Fund Organization
Inspection scheme for Employee State
Insurance Corporation
Proposed amendments to the
apprentices Act
Employee survey high among indians
TABLE OF CONTENTS EDITORS NOTE
Hello Readers,
The Compliance Calendar Highlights for July
include Professional Taxes and Labour
Welfare remittances in several states.
In important judgements, The Honourable
Delhi High Court has held that accident
compensation for a driver suffering with chest
pain after long drive is justified. The
Honourable Kerala High Court, in a landmark
judgement has opined that the owner of a
hotel and a principle employer can also be
treated as employee under the ESI Act. The
Honourable Delhi High Court has held that
mere negligence of an employee will not
debar him from accident compensation. The
Honourable Guwahati High Court has ruled
that the declaration of lock out is justified when
the workers have damaged property and
assaulted the Manager. The Honourable
Madhya Pradesh High Court has held that the
transfer of an employee cannot be stalled
merely because the employee will not be able
to avail of medical facilities.
In news to note, EPFO has announced the
criteria for the upcoming Inspection Scheme
to simplify business regulations and bring in
transparency and accountability in labour
inspections. Towards the same objectives, an
Inspection scheme for Employee State
Insurance Corporation has also been
announced. There are important amendments
proposed to
Apprentices Act, 1961. And across the APAC
region, the most engaged employees are from
India and Indonesia
We hope you find the contents of this
newsletter relevant and useful. We welcome
your suggestions and inputs for enriching the
content of this newsletter. Please write to:
contactadp@adp.com
STRICTLY STATUTES
A Newsletter from ADP India
JULY
2014
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STRICTLY STATUTES
A Newsletter from ADP India
Due Date Scope Due Under Mode
Compliance Calendar for July 2014
Professional Tax Remittances
10
th
July 14
30
th
Aug 13
Andhra Pradesh & Madhya Pradesh
Maharashtra, Assam & Orissa
State-wise regulations
State Wise regulations
By Challan
By Challan
Labour Welfare Fund Remittances
PF
15
th
July 14
Central - Remittance of Contribution EPF & MP Act 1952 By Challan
15
th
July 14
Central - International worker with wages
and nationality
Statement in IW 1 EPF & MP Act 1952
ESI
21
st
July 14
Main Code & Sub Codes - Remittance of
Contribution
ESIC Act 1948 By Challan
15
th
July 14 Gujarat Gujarat PT regulations By Challan
Page 02
20
th
July 14
21
st
July 14
Karnataka
West Bengal
Karnataka PT regulations
WB PT regulations
By Challan
By Challan
31
st
July 14
Maharashtra, Assam & Orissa State-wise regulations By Challan
15
th
July 14
Delhi
Delhi Labour
Welfare Fund
By Challan
20
th
July 14
Kerala
Kerala Labour
Welfare Fund
By Challan
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In a case of Oriental Insurance Corporation Limited Vs Pushpa Devi & others , the honourable Delhi high court
through its bench comprising honourable justices Mr. Valmiki and Mr. Mehta pronounced that the high court would
not interfere on the compensation awarded by the Compensation Commissioner, when death of the driver has
occurred due to chest pain because of driving for a long distance and reaching the consignment on time at the
required destination.
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Accident compensation for a driver suffering with chest pain after long
drive is justified
Important Judgements
In an extraordinary case of F. Fasheer, Sapna,
Thiruvananthapuram Vs The Regional Director, ESI Corporation
and another, the honourable Kerala High Court under the
honourable justice S.S. Satheesachandran pronounced that when
the name of owner/employer of the hotel is included in the list of
employees of the hotel, duly submitted by the cashier of the
employer, treating the owner/employer as an employee for the
coverage of the hotel under the ESI Act, 1948, is justified.
Principle employer can have dual capacity as an employee also as
per settled position of law by the apex court in the case of ESIC V. Apepx Engineering Pvt Ltd (1998) 1 scc 86
considering that ESI scheme is intended for welfare of the working class AND there is no bar under the act
prohibiting the principle employer to be considered as an employee for the purpose of the Act
Owner of a hotel and a principle employer can also be treated as
employee under ESI Act
In a case of New India Assurance Corporation Limited Vs Virender Singh & Another, the honourable Delhi high court
through its bench comprising honourable justices Mr. Valmiki and Mr. Mehta pronounced that the liability of insurer
arises under the Employees Compensation Act, 1923, if the accident arises out of and in the course of employment.
Liability to pay compensation can be denied by the employer as well as the insurer only when it is proved that the
employee, while preforming duty, was under the influence of liquor or drugs or had willfully disobeyed the express
order of the employer. When due to accident an employee is not capable of doing the work which he was doing before
the accident, there would be total disablement of the employee entitling him compensation by applying 100% factor
irrespective of his medical disability of lesser percentage.
Mere negligence of employee, will not debar him from accident compensation
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Page 04
In a peculiar case of Management of Cossipore Tea Estate Vs
Bagan Panchayat of Cossipore Tea Estate the honourable
Guwahati under honourable justice Mr. Hrishkesh Roy
pronounced that the lockout notified by the management is
justified and legal when it is proved on record that the workman
had damaged the properties of the management, caused
assault to the manager and other staff by gherohing them and
not allowing the willing workers to resume duties, resulting in
stoppage of production activities.
Declaration of lock out justified when the workers Damaged the properties
and assaulted the Manager
In case of Sunil Kumar Johari Vs M.P. Housing Board and
others the honourable Madhya Pradesh High Court under
honourable Justice Ms. Sheel Nagu pronounced that the
transfer of an employee form Guna to Bhopal would not be
interfered by the high court in a writ petition since the
transfer has been made just because of administrative
reason and the petitioner having worked for one month at Guna, there have been no frequent transfers, it could not
be construed as mala fide.
The plea of the petitioner in stalling the transfer that he is suffering from ailment would not be believed as he will
have better treatment at Bhopal than Guna and, as such, the transfer would not be stayed by the high court.
Transfer of an Employee cannot be
stalled merely that the employee will
Not be able to get Medical Facilities
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A Newsletter from ADP India
Page 05
News to note
With an objective to simplify business regulations and bring in transparency and accountability in labour
inspections, the Employees Provident Fund Organization announced for Inspection Schemes. It envisages
objective criteria for selection of units for inspection.
Inspection scheme of Employees Provident Fund Organization
Criteria For Inspection
Mandatory inspections for:-
All new coverages
All establishments registered on ECR portal,
not marked as closed and not complying.
Establishments reported for closure
Optional inspections for:-
Remittance drop in excess of Rs.10000/- and
15% (weightage of 1:1)[40%]
Membership drop in excess of 50 members
and 15% (weightage of 1:1)[40%]
All other Units [20%]
Normally not to be repeated in the same year as far as possible.
With an objective to simplify business regulations and bring in transparency and accountability in labour
inspections, the Employees Provident Fund Organization announced for Inspection Schemes. It envisages
objective criteria for selection of units for inspection.
Inspection scheme for Employee State Insurance Corporation
Criteria For Inspection
Mandatory inspections for:-
All new covered/registered units
Units which have been defaulters for six
months
Units for which closure request has been
received
Units where no inspection was carried out in
last 3 years (as ESIC has timebar of 5 years for
claiming dues)
Optional inspections for:-
Drop in contribution by 30% and above
compared to previous contribution period
(over a period of six months)[30%]
Drop in number of covered employees by 30%
and above compared to previous contribution
period (over a period of six months)[30%]
Security/manpower agencies employing more
than 250 employees[30%]
Any other not falling in above categories [10%]
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A Newsletter from ADP India
PROPOSED AMENDMENTS TO THE APPRENTICES ACT, 1961
The Apprentices Act, 1961 was enacted with the objective of regulating the program of training of apprentices in
the industry by utilizing the facilities available therein for imparting on-the-job training. The Act makes it
obligatory for employers to engage apprentices in designated trades to impart apprenticeship training on the job
in industry to school leavers and ITI pass outs, Graduates engineer, Diploma holder and Certificate in 10+2
vocational stream to develop skilled manpower.
There are four categories of apprentices namely; Trade Apprentices (ITI pass outs, 8thth th , 10& 12pass outs),
Graduates engineer apprentices, Technician apprentices (Diploma level) and Technician (Vocational) apprentices
(Certificate in 10+2 vocational courses).
Comparing the size and rate of growth of economy of India, the performance of Apprenticeship Training Scheme
(ATS) is not satisfactory and a large number of training facilities available in the industry going unutilized
depriving unemployed youth to avail the benefits of the ATS. To improve the participation of industry and youth in
ATS in a large number, Office of the Prime Ministers National Council on Skill Development (PMs NCSD),
Central Apprenticeship Council (CAC), National Commission on Labour (NCL), Indian Labour Conference (ILC),
Confederation of Indian Industry (CII) and National Skill Development Agency (NSDA) have given a slew of
recommendations to make changes in the Apprentices Act, 1961 to make it more responsive to industry and
youth. Apart from above, a Working Group constituted by DGE&T, Ministry of Labour & Employment in November,
2013 for revamping all the Schemes run by DGE&T has also given its recommendations in respect of Apprentices
Act. 1961.
An Inter-Ministerial Group (IMG) was constituted comprising representatives from Ministry of Railways, Ministry
of Micro Small Medium Enterprises, Ministry of Power, Ministry of Defense, Planning Commission, NSDA &
DGE&T for discussion on the suggestions received from PMs NCSD, CAC , NCL, ILC, CII, NSDA and WG. Three
meetings of the IMG were held under the Chairmanship of DG/JS and IMG has submitted recommendations.
Based on the recommendations of IMG, proposals to amend the Act are being uploaded for public consultations
along with the summary of the suggestions received from various sources and the Minutes of the meetings of the
IMG.
EMPLOYEE SURVEY HIGH AMONG INDIANS
About half Indian Workers in a survey have said that they felt fully committed or engaged with their current
employer.
A total of 41% of the respondents in the country said they were totally committed to their current employer,
according to the latest results from Kelly Global Workforce Index titled Engaging Active and passive job seekers
Across APAC, the most engaged employees are in India and Indonesia, with lowest being in Thailand and
Singapore, it said.
The survey also highlighted that among the many reasons for an organisation to be an attractive employer in India
are salary, financial compensations, compensation and benefits at 26%, followed by work life balance at 74%
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STRICTLY STATUTES
A Newsletter from ADP India