THE MINISTRY OF LABOUR AND EMPLOYMENT AMENDS SCHEMES UNDER THE EMPLOYEES’ PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952 TO REDUCE THE DAMAGES
The Ministry of Labour and Employment issued notification bearing G.S.R. 329(E), G.S.R. 327(E) and G.S.R 330(E) dated 14the June 2024 to amend Paragraph 32A of The Employees’ Provident Funds Scheme, 1952, Paragraph 5 (1) of the Employees’ Pension Scheme, 1995 and paragraph 8A of The Employees’ Deposit Linked Insurance Scheme, 1976 to reduce the damages recovered from the employer in case of non-payment of contribution to 1% of the arrears of contribution per month or part thereof.
THE RAJASTHAN GOVERNMENT PROVIDES EXEMPTION FOR EMPLOYMENT OF WOMEN DURING NIGHT SHIFT
The state government vide circular no. F.14(11) (1)Labour/law/2017/4863607 dated 20th June 2024 released exemption for a period of 3 years for employment of women during night shift in Rajasthan subject to following conditions among others: 1. It is the responsibility of Employers to ensure safety of women during night shifts. Safe transportation arrangements must be provided by employer to women working in night shifts. 2. There must be separate restrooms and lockers for women employees at the workplace. 3. Pregnant women must not be called for work at night 3 months prior to her delivery and 3 months postdelivery. 4. The employer is required to obtain the consent of women employee to deploy her at work during night.
The state government vide circular no. F.14(11) (1)Labour/law/2017/4863577 dated 20th June 2024 released exemption for a period of 3 years for the registered shops and establishment from closing one day in a week subject to the following conditions among others: 1.All the employees employed in the shops and establishment are entitled to one day weekly holiday on a rotational basis. 2. Employees must be made to work only for a period of 9 hours in a day and 48 hours in a week. Employers should maintain separate record for overtime work and overtime wages must be paid to employees. 3. Appointment letters must be given to the employees by the employer and a copy of the appointment letters must be sent to the area inspect
THE RAJASTHAN GOVERNMENT EXEMPTS SHOPS AND ESTABLISHMENTS FROM CLOSING ONE DAY A WEEK THE LABOUR DEPARTMENT OF KARNATAKA RELEASES KARNATAKA PLATFORM BASED GIG WORKERS (SOCIAL SECURITY AND WELFARE) BILL, 2024 TO INVITE OBJECTIONS/SUGGESTIONS
The bill provides for social security, occupational health and safety, transparency in automated monitoring and decision making systems, to provide dispute resolution mechanisms, to establish a welfare board and create a welfare fund for platform based gig workers and aggregators in the state. Gig workers under the bill include the workers involved in scheduled services. They include ride sharing services, food and grocery delivery services, logistics services, etc. Aggregators are the digital intermediary for a buyer of goods or user of services to connect with the seller or service provider. Aggregators registration is compulsory under the bill. The bill mentions rights of platform based gig workers. Rights such as registration with the state government and be provided with unique ID, access to general and specific social security schemes, grievance redressal mechanisms and other such rights. The government has attempted to regulate and impart job security to gig workers by fixing income and providing reasonable working conditions. The grounds for termination must be set forth in the contract.
THE GOVERNMENT OF MAHARASHTRA HAS NOTIFIED AMENDMENT OF FACTORIES (SAFETY AUDIT) RULES 8
The government of Maharashtra in its Notification No. FAC-2023/CR.No.52(Part-2)/Labour – 4 dated 19th June 2024 has released Maharashtra Factories (Safety Audit)(Amendment) Rules, 2024. Applicability is changed from factories employing 250 workers to factories employing 50 workers. Some other changes include informing electronically of the commencement of safety audit to Directorate of Industrial Safety and Health within 7 days for the earlier 15 days, changes in proforma of safety audit, non-eligibility for renewal of certificate of recognition as a safety auditor, etc.
CHANDIGARH LABOUR DEPARTMENT NOTIFIES EXEMPTION TO SHOPS AND ESTABLISHMENT
The Chandigarh administration labour department has released notification no. 12/2/149-HII(2)/2024/97898 dated 25th June 2027 exempting shops and establishments from operation of provisions containing opening and closing hours[Sec. 9 of the Punjab Shops and Commercial Establishments Act, 1958 (“Act”)], close day (Sec. 10(1) of the Act) and condition of employment of women (Sec. 30 of the Act) subject to following conditions among others: 1.The Shops and Commercial Establishments registered under this Act in the Union Territory of Chandigarh are permitted to keep open on all 365 days and operate 24 hours. 2. The exemptions are granted for a period of 1 year. 3. No employee shall be required to work for more than 9 hours in day or 48 hours in a week. 4. If any shop or establishment remains open after 10.00 pm on any day, adequate safety and security arrangements shall be ensured for all employees and visitors by the management. 5. The employees shall be provided with all the facilities mentioned in the relevant Labour Laws. 6. The CCTV Camera with minimum 15 days recording backup shall be installed on the Shop/Commercial Establishment premises for safety purpose. 7. That the female employees shall be provided separate locker, security and restrooms at the workplace. Certain Conditions among others to be ensured by employer for female employees working at night: 1.To obtain consent of women in writing. 2. To ensure compliance under the POSH Act. 3. The management will provide adequate security and proper transport facilities to the women workers including women employees of contractors during the evening/night shifts. 4. The management will ensure that women employees will board the vehicle in the presence of security guard on duty. 5. The management will ensure that emergency call numbers are prominently displayed inside the vehicle. 6. The management will ensure that there is an annual self-defence workshop/training for women employees, etc.
DISTRICT MAGISTRATE'S OFFICE IN GURUGRAM DIRECTS FACILITIES TO BE ADADEQUATE TO EMPLOYEES DUE TO THE OUTBREAK OF A SERIOUS HEATWAVE
In light of the extreme heat wave that has been plaguing the region, the region Magistrate of Gurugram has issued an order dated May 31, 2024 Ends No. 67/FRA. requesting that the RWA societies, employers, and contractors of these laborers set up the following amenities for their workers: 1. The availability of potable water. 2. Water coolers, ventilation, and shade arrangements at work. 3. Giving employees ORS, glucose kits, Shikanji, Nimbu panis, water bottles, and ice packs. 4. Setting aside the hourly minimum for outside labor from 12 to 4 p.m. 5. Paying for the medical expenses of employees who suffer from illnesses linked to heatwaves. 6. Steer clear of phoning domestic maids or house assistants in the afternoon.
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