The Government of Tamil Nadu issued amendments to the Tamil Nadu Shops and Establishments Rules, 1948
The Government of Tamil Nadu, vide notification dated July 2, 2024, issued amendments to the Tamil Nadu Shops and Establishments Rules, 1948. These amendments lay down inter alia the process and relevant forms required for application and registration of eligible establishments, amendments to the registration certificate and intimation requirements for existing establishments. Interestingly, for amendments to existing registration certificates, fresh registration certificates will be issued online by the concerned inspector in Form Z within 24 (twenty-four) hours from the time of making the application.
The Government of Assam issued rules for regulating private placement agencies for recruitment of workers
The Government of Assam, vide notification dated July 2, 2024, issued the Assam Private Placement Agencies for Recruitment of Workers (Regulation) Rules, 2024, under Section 15(1) of the Assam Private Placement Agencies for Recruitment of Workers (Regulation) Act, 2019. These rules are designed to regulate private placement agencies involved in the recruitment process within the State, with the primary objective to protect the general public and workers by ensuring accountability and transparency in hiring process. The rules mandate applicable agencies to submit extensive supporting documents, including character references and background checks on their principals, in order to obtain a license. Applications would be reviewed by the superintendent of police and the controlling authority, who will assess the agency's history and evaluate any potential threats to public order or national security.
The Government of Haryana issued notification regarding monthly deposit of labour welfare fund
The Government of Haryana, vide notification dated July 9, 2024, announced that contributions to the labour welfare fund under the Punjab Labour Welfare Fund Act, 1965 (as amended in the State of Haryana) must be deposited on a monthly basis via established online portal. Similar to the procedures for employee provident fund and employee state insurance contributions, labour welfare fund contributions will be deposited online on a monthly basis.
The Employees Provident Fund Organisation launched a promotion campaign for adoption of facial authentication technology for digital life certificate submission
The Employees Provident Fund Organisation ("EPFO"), vide notification dated July 11, 2024, launched a targeted campaign to increase the usage of facial authentication technology for Digital Life Certificate ("DLC") submission. This initiative demonstrates EPFO's dedication to using technology to facilitate effective pension disbursement and provide pensioners with simple, convenient DLC submission options.
EPFO issued format essential for third-party audits in exempted establishments
EPFO, vide circular dated July 11, 2024, issued a notification to all zonal and/or regional offices highlighting the finalised format of Form RM-6, essential for third-party audits as per the Standard Operating Procedure ("SOP") for the management and regulation of exempted establishments issued vide notification dated October 10, 2023. Form RM-6 is a critical tool in the audit process, providing comprehensive information about the financial status and management practices of these establishments. Auditors are required to verify the accuracy of financial statements and ensure compliance with provident fund regulations. The audit report must also include detailed information on the establishment's financial records, ownership structure, trustee board composition and adherence to legal amendments that benefit employees.
The Government of India presented Budget 2024-2025 placing significant focus on employment opportunities and skill development
On July 23, 2024, the Hon'ble Finance Minister, Ms. Nirmala Sitaraman, presented the Budget 2024-2025 ("Budget") for the financial year 2024-2025. The Budget for the first time has placed significant focus on employment-linked incentives and skill development. It envisages an allocation of INR 2 lakh crore (Indian Rupees two lakh crore) for employment, skilling and education.
The Government of India is tasked with implementing the following 5 (five) major schemes aimed at providing financial support to new employees and offering various incentives to employers to hire more employees, based on their enrolment with the EPFO: (a) provide 1 (one) month's wage as subsidy in 3 (three) instalments, with a maximum of INR 15,000 (Indian Rupees fifteen thousand) for freshers (with a salary less than INR 1,00,000 (Indian Rupees one lakh)), irrespective of the sector; (b) offer fixed rate incentives to both employees and employer with respect to their EPFO contribution during the first 4 (four) years of work in manufacturing sector; (c) provide eligible employers with a reimbursement of up to INR 3,000 (Indian Rupees three thousand) per month for EPFO contributions for each additional employee hired over the next 2 (two) years; (d) upgrade 1,000 (one thousand) industrial training institutes to meet the industry skill needs; and (e) offer internship opportunities at 500 (five hundred) top Indian companies with a monthly allowance of INR 5,000 (Indian Rupees five thousand) during the internship tenure, and a one-time assistance of INR 6,000 (Indian Rupees six thousand) to support their needs. In addition to the employment-linked schemes, the Government of India has further promised: (a) to revamp the Shram Suvidha and Samadhan portal to enhance ease of compliance for industry and trade; (b) a comprehensive integration of the e-shram portal with other portals to facilitate a one-stop solution; and (c) to set up women's hostels and creches to facilitate higher participation of women in workforce.
EPFO issued new SOP for handling transaction-less and inoperative accounts
EPFO, vide notification dated August 2, 2024, updated its procedures for managing transaction-less and inoperative accounts. The new SOP announced focuses on the generation of Universal Account Number ("UAN"), Know Your Customer ("KYC") seeding, and account unblocking. For transaction-less accounts, UAN generation and linking will require physical verification at field offices or NAN 2.0 camps, with appointments available through the EPFiGMS portal and home visits for disabled members. KYC seeding will follow distinct protocols based on the status of establishment. The unblocking process will involve thorough verification, including potential crowdsourcing to ensure accuracy and prevent fraud, enhancing overall security and service efficiency.
The Government of Kerala issued Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Kerala Rules, 2024
The Government of Kerala, vide notification dated August 6, 2024, issued the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Kerala Rules, 2024, amending the existing 1998 rules. The amendment introduces a new proviso to Rule 284 (2), stating: 'Provided that, if a beneficiary commits default in the payment of contribution for more than three years, the membership shall not be resumed.' This change clarifies that beneficiaries who fail to pay contributions for over 3 (three) years will not have their membership reinstated.
The Government of Madhya Pradesh introduced Madhya Pradesh Private Security Agencies (Regulation) Rules, 2024
The Government of Madhya Pradesh, vide notification dated August 7, 2024, issued the Madhya Pradesh Private Security Agencies (Regulation) Rules, 2024, replacing the Madhya Pradesh Private Security Agencies Rules, 2012. These new rules come into effect on the same day and aim to update and enhance the regulatory framework governing private security agencies in the State. The new rules aim to streamline the registration, operation and compliance requirements for these agencies, enhancing oversight and standards within the sector. They mandate specific requirements for licensing, operational procedures, training and equipment. The rules also introduce stringent inspection and enforcement measures, including penalties for non-compliance, to ensure higher professionalism and accountability within the private security sector. Existing agencies are given a timeframe to align with these new rules.
The Government of Kerala enhances and streamlines factory inspection protocols in Kerala
The Government of Kerala, vide notification dated August 12, 2024, introduced amendments to the existing notification under the Factories Act, 1948, to improve transparency, accountability, and simplicity in factory inspections. Key changes include redefined jurisdictional powers for Inspectors of Factories and Boilers: Grade I Inspectors will now oversee all factories within their areas and serve as controlling officers for Grade II Inspectors, who will in turn supervise additional inspectors in their jurisdictions. Additionally, same inspector is prohibited from conducting consecutive inspections of the same factory. These updates are part of the centralised inspection system under the business reform action plan, reflecting the government's commitment to enhancing governance and ease of doing business in the State.
The Government of Rajasthan launched new online dashboard for enhanced transparency and efficiency in compliance with Business Reforms Action Plan 2024
The Government of Rajasthan, vide office order dated August 14, 2024, launched a new online dashboard to enhance ease of doing business, in line with the Business Reforms Action Plan 2024 reforms. Accessible via the department's website, the dashboard provides real-time or regularly updated information on the status of applications and compliance inspections, including details on processing times, fees and the workload. It covers key labour regulations including the Contract Labour (Regulation and Abolition) Act, 1970, aiming to improve transparency and efficiency.
The Government of Puducherry introduces draft Puducherry Transgender Persons (Protection of Rights) Rules, 2024
On August 20, 2024, the Government of Puducherry formalised the Puducherry Transgender Persons (Protection of Rights) Rules, 2024, to support transgenders. The new rules establish the process for obtaining a certificate of identity crucial for legal gender recognition. Applicants must submit Form I to the District Magistrate in person, by post, or online at socwel.pon@nic.in, along with an affidavit confirming their gender identity. Those with prior legal recognition of gender may choose to apply for a new certificate. The District Magistrate will issue the certificate of identity within 30 (thirty) days, enabling updates to official documents and issuance of a transgender identity card.
National Pension System Contributions via Bharat Bill Payment System
On August 28, 2024, the Pension Fund Regulatory and Development Authority announced a new facility allowing National Pension System contributions through the Bharat Bill Payment System ("BBPS"). This addition aims to simplify the contribution process, enabling payments via various applications like BHIM and PhonePe. Trail commissions will be applicable to points of presence for contributions made through BBPS under the 'All-Citizen Model', with charges displayed and collected upfront. Initially, BBPS will handle lump sum contributions settled on a T+1 basis, with refunds for failed transactions processed within 5 (five) working days. Systematic investment plan mandates via BBPS will be introduced in the future.
The Ministry of Commerce and Industry issues circular in relation to minimum wages applicable to workers/employees in SEEPZ (Electronics) and Gems and Jewellery sectors
On August 30, 2024, the Deputy Development Commissioner, vide circular no./LAB/22/2024, specified the minimum wages including basic wage, special allowance, HRA (5%) applicable to skilled, semi-skilled and unskilled workers in gems and jewellery units and shops and establishment and SEEPZ (Electronics). The special allowance is revised twice in a year by the labour department under the Government of Maharashtra. All units are to ensure that no employee is deprived of the minimum wages at any point of time. The zone administration will be regularly verifying the records and registers to ensure payment of minimum wages by employers, by obtaining photocopies of payment register for specified period.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
