LABOUR REGULATORY UPDATES
ACTS/RULES:
The Tamil Nadu Safety Officers (Duties, Qualifications and Conditions of Service) Rules, 2005
REFERENCE:
The Government of Tamil Nadu vide Notification G.O. Ms. No. 150 dated 15th September, 2023 issued a notification regarding new amendments to the Tamil Nadu Safety Officers (Duties, Qualifications and Conditions of Service) Rules, 2005.
QUICK OVERVIEW:
Amendments to the Tamil Nadu Safety Officers (Duties, Qualifications and Conditions of Service) Rule:
- A person shall not be eligible appointment as a Safety Officer unless, he possesses a full time degree or a full time Diploma in Industrial Safety and duration of not less than one year awarded by any University incorporated under the Central or State Acts or Department of Technical Education or Board of Technical Education of any State / Union Territories / Government of India.
- The occupier shall ensure that the Safety Officer appointed in the factory acquires adequate knowledge of the language spoken by majority of the workers in the factory within one year from the date of such appointment.
- When the post is proposed to be filled by transfer or promotion from among the members of staff in the factory or group of factories belonging to the same Occupier, the Central or State Government Public Sector Undertakings or Government Establishment or Quasi – Government Establishment, the vacancy shall be widely published among the prospective staff by suitable methods.
- Selection for appointment to the post of Safety Officer by direct recruitment or by transfer or promotion or nomination shall be made from among the candidates applying for the post, through a Selection Committee appointed by the Occupier of the factory.
REFERENCE:
The Government of Bihar issued vide notification No.3/H-01/2022-16819/G.A dated 04/09/2023, according to Khanquah Mujeebia & Phulwari Sharif letter No. KMP/606/192/23 29/08/2023 regarding sighting of moon, holiday declared on the occasion of Chehallum dated on 07/09/2023 instead of 06/09/2023 in the state of Bihar.
QUICK OVERVIEW:
The vide notification no. 03/H-01/2022G.A-15471 dated 31/08/2022 issued by the General Administration Department on the occasion of Chehallum declared holiday on 06/09/2023 (Wednesday). As per the executive order with above reference the holiday is declared now for Chehallum dated on 07/09/2023 instead of 06/09/2023 in the state of Bihar.
REFERENCE:
The Government of India issued the notification No. CAIU/SOP/2022/40 dated 04 September, 2023 Notification regarding Periodic desk review of establishment and regulation of inspection on (SOP).
QUICK OVERVIEW:
The EPFO Additional Central PF Commissioner issued vide circular to all ACC(HQ)/ACC (Zones) and All RPFC-I/RPFC-II/APFC In-charge of Field Offices regarding Periodic desk review of establishment and regulation of inspection on Shram Suvidha Portal (SSP). And instructed for implementation of standard operating procedure (SOP) for inspection of establishment with existing IT tools.
- In continuation of the instructions issued, further guidelines are as under:
PERIODIC DESK REVIEW:
- Fortnightly nudging of the Establishment by the regional/district office via sms/email/letters for a continuous period of 3 month.
- The content of the sms/email/letter to be sent the establishment /employer shall clearly mentioned the observation/ discrepancies during the periodic desk review.
- If any reply/ records furnished by the establishment during nudging process that shall be recorded in e-file if any necessary action.
- In case of any reply furnished by the establishment is satisfactory, the same shall be recorded in e-file and establishment shall be informed accordingly.
- In case of no reply or unsatisfactory reply during the nudging period of three months request for physical inspection shall be uploaded the optional inspection dashboard CAIU (Central Analysis and Intelligence Unit) portal.
- In respect of permission accorded by the Zonal office the regional head has to assign the inspection to inspector on Shram Suvidha Portal.
ESTABLISHMENT REPORTED FOR CLOSURE:
In respect of cases where the establishment has reported closure and furnished relevant proof of closure, the establishment shall be marked “Closed” in unified portal after verifying the enclosed Proof and ensuring the following:
- Date of exit in respect of all employees should be marked by employer in the portal in accordance with para 36(2) of the EPF Scheme, 1952.
- Contribution/NCP days up to the “Date of Exit” should be updated by employer in the portal.
URGENT/EMERGENCY PHYSICAL INSPECTION:
There may be cases where immediate inspection are required for processing/ redressal of the issue. Below are the summarized as under:
- Establishment undergoing process of liquidation/resolution under the NCLT.
- Occurrence of an Industrial accident involving an establishment or its employees.
PHYSICAL INSPECTION:
The inspection assigned must be completed the within five working days from the date of start of inspection and report should be uploaded on SSP within 48 hours after the inspection is concluded. Pending inspection that should be completed the within seven days.
ACT/RULES/SCHEME:
Employees State Insurance Act, 1948
SUBJECT:
Extension of Atal Beemit Vyakti Kalyan Yojana for a period from 01.07.2022 to 30.06.2024
QUICK OVERVIEW:
Employees’ State Insurance Corporation Vide Notification No. (N-12011/01/2023-P&D) issued on dated 1st September 2023 whereas the Atal Beemit Vyakti Kalyan Yojana was previously extended for a period 01.07.2021 to 30.06.2022 hereby further extended the Atal Beemit Vyakti Kalyan Yojana for a period 01.07.2022 to 30.06.2024 with relaxed eligibility condition and enhanced rate of relief notified in Gazette of India (Extraordinary) Part III Section – 4 (Sl. No. 436) dated 16.10.2020, Sl. No. 15 dated 11.01.2021 and Sl. No. 58 dated 27.01.2022 was published in the Gazette of India, (Extraordinary), Part III – Section – 4 (Sl. No. 510) dated 20.07.2023.
LABOUR CODES UPDATE
Team Lease’s Opinion
There has not been any major movement or discussion towards the implementation of the four Labour Codes due to central election which shall take place in the next year i.e 2024 and number of states are yet to notify these Codes rules while some continue to have some reservations.
The ministry of labour and employment late last fiscal year held a series of discussions with stakeholders including industry representatives and trade union leaders to build consensus on the implementation date, but these efforts did not fructify, wherein certain Trade unions are opposed to them and a consensus with them had not been reached
The status of publication of Draft State Rules , remains unchanged, with the following count of each Labour Codes:
- Count of the Draft Wages Rules – 31 States / UT’s
- Count of the Draft Occupational Safety, Health and Working Conditions Rules –
25 States / UT’s
- Count of the Draft Industrial Relations Rules – 27 States / UT’s
- Count of the Draft Social Security Rules – 28 States / UT’S
“You can not push anyone up the ladder unless they are willing to climb”
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THE CONTRIBUTORS TO THIS EDITION OF THE E-BULLETIN IS – SHANMUGA SUNDARAM (SUBJECT-MATTER EXPERTS), TEAMLEASE SERVICES LIMITED (HR Tech)