Labour And Employment Law Updates [May And Early June, 2021]

The following updates are in relation to the central notification, circulars and press release and does not include state wise updates except for the NCT Delhi. 1. Draft Code On Social Security (Employee' s Compensation) (Central) Rules, 2021 (3rd June ,2021) Applicability-: It extends to the whole of India and shall come into force after the date if their final publication in the official Gazette. Ministry of Labour vide notification no G.S.R. 385( E) has notified the draft Code On Social Security (Employee' s Compensation) (Central) Rules, 2021 for providing compensation to workers under the Code on Social Security, 2020. The proposed draft Rules will supersede the Employee's Compensation Rules, 1924, the Employee's Compensation (Transfer of Money) Rules, 1935 and the Employee's Compensation (Venue of Proceedings) Rules, 1996 under the erstwhile Employee's Compensation Act, 1923. Section 164 of the stated Code on Social Security, 2020, enacted by Parliament in September 2020, repealed the Act. According to the new rules, if the amount of compensation payable under sub-section (3) of section 77 is not paid by the employer within thirty days, the employer must pay simple interest at the rate of 12% per annum or any other rate notified by the Central Government from time to time from the date on which the compensation became payable to the date on which it is paid. It further notified rules to put into effect agreements with foreign nations for the transfer of money paid as compensation under section 159 of the Code. The costs of transmission may be deducted from any sum transmitted by any authority in India to any other authority in line with these regulations, and such money shall be communicated by remittance transfer receipt or money order. It also stated that when the entire or a portion of a lump sum deposited with a competent authority for payment as compensation under the Code is payable to any person or persons residing or about to reside in another country, the competent authority may order the sum to be transferred to that country. 2. ESIC COVID-19 Relief Scheme (3rd June,2021)Applicability-: It is applicable for employees covered under section 2(9) of the ESI act,1948 and extends to whole of India except the states of Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh and Mizoram. The ESIC vide notification no. P-11/14/11/ COVID-19 Relief Scheme/2021-Bft- II has approved ESIC COVID-19 Relief Scheme to provide help to the families of the Insured Persons who died due to Covid-19. The dependent of insured person are entitled to receive 90% of the Average Daily Wages of the Insured persons during their life and will be paid periodically. The insured person must have been enrolled on the ESIC portal at least 3 months previous to the diagnosis of COVID that resulted in death for the dependents to receive payments. In addition, the insured person must have been engaged for wages, and 78 days of contribution must have been paid or payable in respect of the deceased covered person during the year before to death. The scheme shall be effective for a period of two years w.e.f. 24.03.2020. 3. Seeding Of Aadhaar Number For Filing Of ECR (1st June 2021)Applicability-: It is applicable to all states and union territories. Employees' Provident Fund Organization vide notification no. BKG-27/7/2020-G/Pt. file, has directed that the employers shall be allowed to file the ECR only for the UANs seeded with Aadhaar w.e.f. 1st June 2021. Employers are asked to ensure that all contributory members have their Aadhaar numbers seeded in order for them to continue to receive EPFO services without interruption and to avoid any inconvenience. 4. EPFO Allows Its Members To Avail Second COVID-19 Advance (31st May,2021)Applicabilty-: EPFO members from all over India. In a press release dated May 31, 2021, the Ministry of Labour and Employments announced that EPFO members can apply for a second non-refundable COVID-19 advance to help subscribers cope with the pandemic's second wave. In March 2020, the Pradhan Mantri Garib Kalyan Yojana (PMGKY) introduced a non-refundable withdrawal to the extent of the basic wages and dearness allowances for three months or up to 75 percent of the amount standing to member's credit in the EPF account, whichever is less, to meet the financial need of members during a pandemic. EPFO has also implemented a system-driven auto claim settlement mechanism for all members whose KYC requirements are met in every respect. EPFO can decrease the claim cycle to three days using auto-mode settlement, as opposed to the statutory requirement of twenty days. 5. Registration Of Establishment Under Delhi Shops & Establishments Act Integrated With Ministry Of Corporate Affairs. (Delhi Specific) (28th May,2021)Applicability-: It is applicable to all the new companies seeking registration under the act. The Delhi...

Labour And Employment Law Updates [May And Early June, 2021]

Arunabh Rajan

Tags