Compliance

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FACTORIES ACT, 1948

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The Building and Other Constructions Act,1996

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Applicability:

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Employees' Provident Funds & Misc. Provisions Act & the Schemes, 1952

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Applicability

Eligibility

Every employee including part time worker and those employed by or through contractor is entitled to become member of the scheme from the date of joining the establishment.

With effect from 01/09/1997 an employee is eligible for membership from the very first date of joining the establishment.

Employee Definition

As defined in Section 2(f) of the Act, means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment.

Excluded Employee

Exempted employee means an employee to whom a Scheme or the Insurance Scheme, as the case may be, would, but for the exemption granted under section 17, have applied. However, if the wage of an employee as covered under the Act, exceeds the prescribed ceiling he will be continue to remain covered up to prescribed ceiling. Similarly, if a new employee is drawing more than the prescribed wages but he will not be coverable but if he has never been member of Fund, he will be covered up to the prescribe wage ceiling.Now present wage ceiling of Rs.15000/ basic.

The Employees pension scheme membership will cease from the member attains 58 years of age.However he will continue to be member of Employees provident fund till he leave the services and withdraws the PF accumulations.

Basic Wages

"Basic Wages" means emoluments which are earned by employee while on duty or on leave or holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash, but does not include:

a. The cash value of any food concession;

b. Any cash payment, by whatever named called, paid to an employee on account of a rise in the cost of living, House rent Allowance, Overtime Allowance, Bonus, Commission or any other allowance payable to the employee in respect of employment or of work done in such employment.

Default in payment

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Benefits of Social Security-PF

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1. Whatever amount (12%) is deducted from the salary of an employee , an equivalent matching amount is deposited by the company with PF Account A/c No.of an employee.

2. Interest is accrue @ 8.65% on the monthly basis on balance amount of PF of an employee

3. After becoming member of PF , UAN No of employee is taken which is a universal Number across the country and wherever employee join their service, the same UAN No is      used to deposit amount of PF

4. Registration of Aadhar No and Mobile No. are mandatory.Employee can get SMS on his mobile

5. Employee can access by using his PF Account No. to see the statement of his PF accumulations.

6. If employee change his employment in that case also, employee can continue to deposit the PF amount in the same PF Account No.

7. After leaving the services , if employee do not join another establishment , then in that case after two months of leaving service, he can withdraw the entire accumulation of      his PF along with Employer’s contributions.
8. After five years of becoming member of PF ,an employee can withdraw the Advance from his PF accumulations for purchase of house,repairing of house or marriage of           children, or education of children
9. After becoming member of PF , if unfortunately employee dies due to sickness or in accident ,his legal heir will get monthly minimum pension of Rs.1000/pm though he has      contributed of PF only for one month.If diseased member contributed for long period then amount of monthly pension will be increased automatically.
10. If employee has contributed of PF for 10(ten) years , then he will get pension attaining the age of 58 years and it will continue till he or his wife alive.
12. PF amount accumulated/deposited is tax free amount as per section 80 of IT Act

13. Now PF deptt is becoming totally digitization and therefore employee can withdraw his PF Amount through online application ,without the signature of his Employer
      Government has made it mandatory for all employees whose salary is up to Rs.15000/ pm to become a member of PF and accordingly 12% contribution is deducted from         the salary of an employee and company is adding the same amount of PF and deposit with PF Account of an employee.
15. EDLI Insurance benefits(New):

New Calculation of EDLI w.e.f.15/02/2018 in case of death of PF member as follows:- The average monthly wages drawn (subject to a maximum of 15000.00), during the 12 months preceding the month in which he died, multiplied by 30 times plus 50% of the average balance in the account of the deceased in the Fund whichever is less subject to a ceiling of 1,50,000/-: Provided that the assurance benefit shall not be less than 2.5 lac rupees: Provided further that the assurance benefit shall not exceed 06 lac rupees: Example: Employee DOJ: 01/01/2018, DOD: 20/02/2018, PF salary:10,000/- EPF Deduction: 10,000 / 26(working days) x 18 Present Days = 6923.00, PF contribution @12% 831.00 + Employer share towards EPF @3.67% =254.00 + EPS @8.33% = 577.00 , Total EPF Balance = 1085 + Int. EDLI calcultaion: 10,000 x 30 = 03 Lacs + 50% of EPF balance i.e.543.00. EDLI Benefits would be 3,00,543.00 + Pension to widow and child up to 02 children of age up to 25 years + EPF balance.

The said provision shall be in force for first 02 years from 15/02/2018

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Employee Pension scheme 1995

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Consequence of Non-compliance

The employer has the primary liability to deduct contribution from the wages of workmen and deposit the same at the PF department along with matching contribution in a prescribed form. Upon non-compliance, the same can be recovered in a manner provided in Section 8B & 8F of the EPF Act, 1952. Moreover, the employer may face penal action for such non-compliance. Thus, there is no escape from complying with the provisions of the Act except to the persons engaged as ‘consultants’.

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Employees' State Insurance Act & The Scheme, 1948

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Applicability

Eligibility

Effective 01/01/2017 ,employee receiving wage of Rs.21000/ pm to enroll under ESIC.

However,there is no wage ceiling for coverage of an employee with 'disability' 01.04.2016.

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Contribution Period

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Benefit Period

If the person joined insurable employment for the first time, say on 5th January, his first contribution period will be from 5th January to 31st March and his corresponding first benefit will be from 5th October to 31st December i.e after 9 months.

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Membership

If an insured person's wages/salary becomes more than 21,000/- per month, even then he/she remains covered till the end of a Contribution Period which is either April to September & October to March.

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RATE OF CONTRIBUTION

Employer's Share: 4.75% of wages/salary.

Employee's Share: 1.75% of wages/salary.

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Wages/Salary

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Not As Wages/Salary

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Manner And Time Limit for making payment of contribution

The total amount of contribution (employee's share and employer's share) is to be deposited with the authorized bank through a challan in the prescribed form in quadruplicate on or before 15th of month following the calendar month in which the wages fall due.

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Benefits

SUPER SPECIALITY PROCEDURE

When ESI hospitals are not having the requisite facilities -super specialty treatment

The State Medical Commissioner/Medical Superintendents of ESIC Hospitals/Director, ESI (Medical) Services, have entered into tie-up arrangements with recognized medical institutions to provide cashless treatment to insured persons and their family members for treatment that are not available in ESI/ESIC institutions to ensure that the ESI beneficiaries are provided full medical care. In order to avail treatment in such hospitals, the insured persons are required to obtain eligibility certificate from the concerned Insurance Medical Officer of ESI/ESIC hospital, referring the insured person or his dependents to such hospitals.

The eligibility conditions for super specialty treatment are as follows:

An insured person who is eligible for medical treatment is entitled to avail Super Specialty treatment, for self and his/her family.

A newly registered employee is entitled to avail super specialty treatment for self, on completion of three months of service in insurable employment and contribution should have been paid/payable for not less than 39 days during that period.

A newly registered employee ‘s dependents are entitled to super specialty treatment on completion of six months of service in insurable employment and contribution should have been paid/payable for not less than 78 days during that period.

The concepts of contribution period and benefit period will not apply while deciding the eligibility of an IP for Super specialty treatment.

The beneficiary can avail the super specialty treatment in a state different from that of the state in which the IP is registered by following the procedure

The referring hospital/dispensary shall send a copy of the reference slip to the SSMC/SMC of the referring and the referred state from where the patient wants to avail, the required super-specialty treatment.

SSMC/SMC of the state from where the patient wants to take treatment, shall intimate the network/tie-up hospital for providing necessary/required treatment. Thereafter, the bill for payment may be sent to the SSMC/SMC of the state from where he was referred on completion of treatment.

The eligibility for super-specialty treatment is 3 months (with contribution paid for at least 39 days) of insurable employment for insured person (for self) and 6 months (with contribution paid for at least 78 days) of insurable employment by Insured Person for their family members. Such tertiary care (super-specialty treatment) is provided through in-house super specialty facilities available in some of ESI Hospitals or ESI-PGIMSRs or through large no. of advanced empanelled medical institutions on referral basis through tie-up arrangements. About 750 private hospitals in all over India are now empanelled as tie-up Hospitals for ESIC.

From April 1, the Employees State Insurance Corporation (ESIC) plans to provide super specialty treatment to retired insured persons (IPs), with a ceiling of ₹10 lac a year.

The ESIC said the “option to join shall be one time on retirement (under Rule 61). No enrolment shall be allowed thereafter.” The“ceiling of expenditure on SST/all referrals to tie-up hospitals in a financial year may be restricted to ₹10,00,000.”

Under the norms, only the IP and his/her spouse shall be eligible for treatment; a retired IP who has opted out at any time after retirement shall not be eligible to rejoin on any subsequent date; IPs already retired but not enrolled so far may be given a one time opportunity to join the scheme within three months.

However, they shall be eligible for SST only after six months.

Medical Benefit

For super specialty treatment such as open heart surgery, neuro surgery, bone marrow transplant, kidney transplant or specialized investigations like CAT scan, MRI angiography etc. referral arrangements are available with the reputed hospitals of the country. The total cost of such treatment, diagnostic facilities or surgical intervention is borne by the ESI Scheme.

Family of a deceased insured person, who is not entitled for sickness benefit at the time of death, is not eligible for specialty / super specialty treatment.

Procedure to be followed by the ESI beneficiaries to avail Super specialty medical treatment

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Medical Benefits

ESIC provides reasonable Medical Care for self and family from day one of entering into insurable employment.

Medical benefit means the medical attendance and treatment to the insured persons covered under the Act and their families as and when needed. This is the only benefit provided in kind through the State Governments including Model Hospitals run by ESI Corporation (except in Delhi), and uniformly to all as per their requirement without linking it to their wages and contributions.

Full range of Medical, surgical & obstetric treatment consisting of out-door treatment, in-patient treatment, supply of all drugs and dressings, pathological and radiological investigations, prenatal and post-natal care, super specialty consultation & treatment, ambulance services, provision of artificial appliances etc.

The insured person and his family are entitled to the Medical Benefit from the very first day of his/her joining the insurable employment. A person who is just covered under the scheme for the first time is eligible for primary and secondary medical care for self and family for three months. If he/she continues in insurable employment for three months or more, the benefit is admissible till the beginning of the corresponding benefit period. If the insured person is in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days and IP is eligible for Sickness Benefit in any one of the contribution period and is suffering from any of the 34 specified long term diseases, the medical benefit is admissible till the incapacity lasts or up to 730 days during a period of 3 years for self and family.

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Sickness Benefit

ESIC provides 70% of average daily wages in cash during medical leave, up to 91 days in two consecutive benefit periods.

If an insured person requires medical treatment and attendance and needs abstention from work on medical grounds, Sickness benefit is paid for the period of abstention duly certified by the Authorized Medical Officer, for a period not exceeding 91 days in two consecutive benefit periods (say one year) @ 70% of standard benefit rate, subject to payment of contribution for not less than 78 days in the corresponding contribution periods.

If an insured person who has completed two years of insurable employment and contributed for not less than 156 days during this period is entitled to extended sickness benefit for a period of 309 days for the 34 specified long term diseases. This period can be extended up to 730 days or till the insured person attains the age of 60 years whichever is earlier. The insured person and his family are also entitled to Medical Benefit during this extended period. The daily rate of extended sickness benefit shall be equal to eighty percent of the standard benefit rate.

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Maternity Benefit

ESIC provides 100% of average daily wages in cash up to 26 weeks in confinement and 6 week in case of miscarriage, during maternity leave and 12 weeks for commissioning mother and adopting mother.

Maternity benefit is periodical payment(s) to an insured woman for specified period of abstention from work, due to confinement, miscarriage or sickness arising out of pregnancy, pre-mature birth of child or miscarriage or confinement. The rate of maternity benefit shall be equal to the standard benefit rate. W.e.f.20.1.2017

Confinement Expenses is lump sum payment made to an insured woman or an insured person in respect of his wife if the confinement occurs at a place where necessary facilities under the ESI Scheme are not available. At present the confinement expenses paid is Rs. 5000/- w.e.f. 1.10.2013 per confinement. It is admissible for two confinements only.

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Dependants' Benefit

ESIC provides monthly payment apportioned among dependants in case of death due to employment injury.

Dependants' Benefit is a monthly pension payable to the eligible dependants of an insured person who dies as a result of an employment injury or occupational disease. The first benefit payment is made from the Branch Office. Subsequent periodical payments are made through direct bank transfer (DBT) to the beneficiaries.

The rate of dependants' benefit is 90% of standard benefit rate of the wages of the deceased insured person. It is apportioned among the dependants as follows:

1) Widow: Till death or remarriage at 3/5th of the full rate.

2) Widowed mother till death @2/5th of the full rate,

3) To each child @ 2/5th of the full rate each till he attains the age of twenty –five years.

4) Unmarried daughters @2/5th of the full rate till they get married.

5) If the son or daughter is infirm and wholly dependent on the earnings of the insured person at the time of his death, they continue to receive the benefit even after attaining the age of 25 years/ marriage as the case may be. If the total dependants' benefit for all the dependents worked out as above exceeds at any time, the full rate, the share of each of the dependents shall be proportionately reduced, so that the total amount payable to them does not exceed the amount at full rate. In case deceased Insured person does not leave behind any of the dependents referred above, then his parents will get 3/10 share or if no parent is alive then alive his paternal grant parent will get 3/10 share of Full rate of dependent benefit.

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Disablement Benefit

ESIC provides continuous monthly payment till injury lasts for temporary disablement and for whole life for permanent disablement.

Disablement is a condition resulting from employment injury, which may render the insured person temporarily incapable of doing his work and necessitating medical treatment (temporary disablement). It may reduce his earning capacity (permanent partial disability) or it may totally deprive the insured person from the capacity of doing any work (permanent total disability).

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Employment Injury

It is a personal injury to an employee caused by an accident or occupational disease arising out of and in the course of his insurable employment within or outside territorial limits of India.

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Temporary Disablement Benefit

It is a periodical payment to an insured person suffering from Disablement as a result of 'Employment injury' for the period of abstention from work duly certified by an Authorized Medical Officer. This is paid @ 90% of standard benefit rate till the temporary disability lasts and the employee is able to resume his normal duties.

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Permanent Disablement Benefit

If there is any residual disability of permanent nature due to employment injury, the insured person is examined by a Medical Board to assess the loss of his earning capacity, if any, and its percentage. The insured person is paid monthly periodical payments of permanent disablement for life from the date following the date of termination of temporary disablement at that percentage out of full daily rate of disablement benefit. Periodical increase in the benefit is also granted due to erosion in the cost of living. The benefit can be paid through ECS in the bank Account of IP or by Money Order at the cost of the Corporation. The insured person can also opt for the payment in lump sum if his daily rate of PDB does not exceed rupees ten or even if it exceeds ten per day, and the commuted value does not exceed Rupees 60000.

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BENEFITS AFTER RETIREMENT

An Insured person who superannuates or retires under a voluntary Retirement Scheme or takes premature retirement, after being an insured person for not less than 5 years, shall be eligible to receive medical benefit for himself and his spouse subject to production of proof thereof, and payment of a nominal contribution of rupees one hundred and twenty for one year. In case the insured person expires his spouse shall continue to receive medical benefit under Rule 61 on payment of contribution as mentioned above.

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Funeral Expenses

On production of a death certificate by the eldest surviving member/ dependents/any person who actually incurs the expenditure on funeral One time payment defraying expenses on funeral of an Insured person.Maximum Rs.10,000/-only.

If the Insured Person did not have family or was not residing with his family at the time of death, funeral expenses are paid to the person who actually performs the funeral.

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Penal Provision

Different punishments have been prescribed for different types of offences in terms of

Section 85 (i) Six months imprisonment and fine Rs. 5,000, and(ii) One year imprisonment and fine,

Section 85-A :(five years imprisonment and not less to 2 years)

Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

THE EMPLOYEES(WORKMEN’S) COMPENSATION ACT,1923

The Employees’ Compensation Act, 1923 is a kind of social security scheme for the employees of this country. It enables an employee, and in case of death of an employee, his dependents, to get, at the cost of his employer compensation for employment injury.

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Objectives

The Object of the Act is to provide for the payment of compensation by employers to their employees for injury caused to them by accident while in employment. If an employee contracts an occupational disease while in employment, it is also treated under the Act as injury caused by accident.

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Applicability

It applies all employees irrespective of categories of employees

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Every Employer is liable to pay compensation under the Act.

Under the Act injuries are broadly classified into four groups as those resulting in:-
Death,
Permanent Total Disablement,
Permanent partial disablement &
Temporary disablement whether total or partial
Contracted occupational diseases.
The Act provides for different scales of compensation for different kinds of injuries.

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Conditions for Receiving Compensation

An employee to whom personal injury is caused by accident is entitled to receive compensation under the Act if the accident arise out of and in the course of his employment. That means the accident must occur while the employee is in employment and it must also be connected with his employment.

The employer is not liable to pay compensation for injury to an employee on following circumstances:-

If the injury does not result in total or partial disablement of the employee for a period exceeding three days;

If the injury does not result in death of the employee and is caused by an accident which is directly attributable to:-

If an employee have been at the time thereof under the influence of drink or drugs

The disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workman, or

The willful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employee.

Payment of Gratuity Act, 1972

Applicability

It is applicable to every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more persons,

Coverage

All employees irrespective of status of an employee or salary shall be covered under this Act.

Eligibility

Gratuity shall be payable to an employee on separation from employment due to any of the following reasons, after he has rendered continuous service* for not less than five years:

Apprentices Act, 1961

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Objective

Applicability

According to Rule 7B(1) ,Establishment having more than 40 employees,the implementation of Apprenticeship scheme is mandatory.As per the provisions of section 8 read with Rule 7-B of the Act,Employer is required to engage apprentices in the preferred trade in the band of 2.5% to 10% of total manpower including contractual.

To incentivize engagement of apprentices by the Establishment/Enterprise,Govt of India has launched “ National Apprentice Promotion Scheme(NAPS) and has decided to reimburse 25% of prescribed stipend subject to maximum of Rs.1500/pm-per apprentice to the Employer.The Govt.of Gujarat has also declared “ Mukhya Mantri Apprentice Yojana” for engagement of Apprentices by the Employer.

Restrictions on deployment of apprentices from outside the state have been removed and Apprentices now allowed to seek apprenticeship in any Unit anywhere in India.

National Apprenticeship Promotion Scheme( NAPS)

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Objective

1.Sharing of stipend with Employer to a maximum limit of Rs.1500 per month per Apprentice.

2.Sharing of Basic Training Cost with Basic Training Providers to a maximum limit of Rs.7500/ for 500 hours/3 months per apprentice

Eligibility and Requirements for Employers

1.Employer validation through TIN/TAN and EPFO/ESIC/LIN/Any other identifier decided by Govt

2.Aadhar linked Bank Account

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Contract Labour (Regulation & Abolition) Act, 1970

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Object of the Act

To regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Applicability

Every establishment in which 10 or more workmen are employed or were employed on any of the preceding 12 months as contract labour – Gujarat state rule

Every contractor who employs or who employed on any day of the preceding twelve months 10 or more workmen.

Registration

Principal employer employing 10 or more workers through the contractor or the contractor(s), needs to register its establishment under the Act, on deposit of required fee in Form1.

License

Prohibition of Employment of Contract Labour

The Appropriate Government through issue of notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labour.

Welfare facilities to be provided by the Contractor

Contractor shall provide Canteens if applicable,First Aid facilities,Drinking water,Latrines,Washing facilities