LEGAL UPDATES
STATUTORY UPDATES
The Government of Maharashtra has notified Industrial Courts as Appellate Authority under the Sexual Harassment of Women (Prevention, Prohibition and Redressal), Act, 2013
The Government of Maharashtra, vide a notification dated March 31, 2021, has appointed Industrial Courts constituted under Section 10 of the Maharashtra Industrial Relations Act, 1947 as the Appellate Authority under the Sexual Harassment of Women (Prevention, Prohibition and Redressal), Act, 2013 ("POSH Act"). The Maharashtra Government has appointed 20 such Industrial Courts to act as the Appellate Authority under the POSH Act for the State of Maharashtra. Prior to this, the Government had not appointed any Appellate Authority under the POSH Act.
As per Rule 11 of the Sexual Harassment of Women at Workplace Rules, 2013, a woman can appeal to the Appellate Authority under Section 2 (a) of the Industrial Employment (Standing Orders) Act, 1946 if she is not satisfied with the decision of the investigation conducted by the Complaints Committee as established under the POSH Act.
The Central Government has increased the benefits provided under the EDLI Scheme
In light of the current pandemic situation in the country, the Central Government, vide a notification dated April 28, 2021, has amended the Employee Deposit Linked Insurance Scheme, thereby increasing the maximum assurance benefits payable to employees from INR 6,00,000 to INR 7,00,000 and fixing the minimum assurance benefits at INR 2,50,000. These amendments will be valid for a period of 3 years.
Extension of working hours for factory workers in Himachal Pradesh and Maharashtra
Himachal Pradesh: The Government of Himachal Pradesh vide a notification dated May 06, 2021 has exempted factories registered under Factories Act, 1948 for a period of 3 months, from Section 51 (weekly hours), Section 54 (daily hours), Section 55 (intervals of rest) and Section 56 (spread over) of the Factories Act, 1948, subject to the following changes: (i) the maximum permissible working hours for an adult worker has been amended to 72 hours from 48 hours and to 12 hours in a day from 9 hours, (ii) no worker shall work for more than 6 hours before he/she had an interval for rest of at least 30 minutes. Earlier, the maximum period of work allowed without an interval for rest was 5 hours. The wages in respect of increased working hours as a result of the above-mentioned changes made shall be in proportion to existing minimum wages fixed by Government of Himachal Pradesh under the Minimum Wages Act, 1948.
Maharashtra: The Government of Maharashtra vide a notification dated May 24, 2021 has exempted factories registered under the Factories Act, 1948 for the period up to June 30, 2021 from Section 51 (weekly hours of work), Section 52 (weekly hour), Section 54 (daily hours) and Section 56 (spread over) of the Factories Act, 1948, subject to the following terms: (i) overtime wages should be paid to the factory workers at twice the rate of normal wage, (ii) the occupier of the factory should ensure that the change in working hours of the factory workers do not affect their safety, (iii) the working hours in a day should not exceed 12 hours, (iv) working hours in a day should not exceed 13 hours including time of rest, (v) no worker should be made to work overtime for a continuous period of 7 days. Additionally, overtime working hours in a quarter should not exceed 115 hours and the occupier should implement adequate safety measures to prevent the spread of Covid-19 infection.
The Government of Uttar Pradesh announced 28 days paid leave for Covid-19 affected employees
The Government of Uttar Pradesh has announced 28 days paid leave to Covid-19 affected employees. Such paid leaves will be allowed to affected employees subject to provision of a medical certificate at the time of resuming work after recovering from Covid-19.
The notification also stipulates that the employees of shops, commercial establishments, and factories (employing 10 or more employees) which are temporarily closed due to the orders of the concerned District Magistrates shall be provided with paid leaves for such period of closure. The notification has been issued in the backdrop of a similar notification issued by the Governor of Uttar Pradesh on March 20, 2020.
The Government of Telangana ordered employers to pay salaries to employees affected by lockdown restrictions
The Government of Telangana vide an order dated May 11, 2021 ordered all government and private establishments to make full payment of wages or salaries to their employees (including contract workers) for the entire period of lockdown imposed in the State of Telangana from May 12, 2021 to May 22, 2012.
Principal employers in Delhi engaging interstate migrant workers instructed to obtain registration
The Government of Delhi vide a circular dated May 14, 2021, has instructed all principal employers engaging inter-state migrant workers through contractors to mandatorily register with the Labour Department through the Government of Delhi's online portal (https://edistrict. delhigovt.nic.in). Further, contractors are required to issue passbooks to inter-state migrant workers which should have their details of employment. Further, the circular states that every inter-state migrant workman shall be provided all applicable benefits under the InterState Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
Certificate of disability now to be issued online
The Ministry of Social Justice and Empowerment vide a notification dated May 05, 2021, has mandated the issue of certificate of disability through online mode using the Unique Disability Identity Card Portal (http:// www.swavlambancard.gov.in) with effect from June 01, 2021. The said certificate will be issued to persons with disability by competent medical authorities as notified by the States and Union Territories.
The certificate of disability is granted to ensure that the concerned person can avail the benefits provided to persons with disabilities under various government schemes.
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