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1Authored by : Murugavel B

Name of Act/Rule The Employee's Deposit Linked Insurance Amendment Scheme, 2018

G.O. Reference G.S.R 170(E), Ministry of Labour and Employment, 14th February 2018

Effective Date 14.02.2018

Title22.Scales of assurance benefit and the minimum average balance to be maintained by an employee.

Nature of Change

Substituted Omitted Inserted Remarks

●Sec(Sub-Sec) Rule (Sub-

Rule)Para/Sub para

Regulation Clause Schedule Title Others

22(3) (i)

BEFORE AFTER

“(i) the average monthly wages drawn (subject to a maximumof fifteen thousand rupees), during the twelve monthspreceding the month in which he died, multiplied by thirty

“(i) the average monthly wages drawn (subject to a maximum offifteen thousand rupees), during the twelve months preceding themonth in which he died, multiplied by thirty times plus fifty

Authored by : Murugavel B2

preceding the month in which he died, multiplied by thirtytimes plus fifty per cent. of the average balance in theaccount of the deceased in the Fund or of a provident fundexempted under section 17 of the Act or under paragraph 27or 27A of the Employees’ Provident Funds Scheme,1952, asthe case may be, during the preceding twelve months orduring the period of his membership, whichever is lesssubject to a ceiling of one lakh and fifty thousand rupees,subject to a total ceiling of six lakh rupees.

month in which he died, multiplied by thirty times plus fiftyper cent. of the average balance in the account of thedeceased in the Fund or of a provident fund exempted undersection 17 of the Act or under paragraph 27 or 27A of theEmployees’ Provident Funds Scheme,1952, as the case may be,during the preceding twelve months or during the period ofhis membership, whichever is less subject to a ceiling of one lakhand fifty thousand rupees:

G.S.R 543(E), Ministry of Labour and Employment, 24th May 2016

Provided that the assurance benefit shall not be less than two lakh and fifty thousand rupees:

Provided further that the assurance benefit shall not exceed six lakh rupees.The provisions of the first proviso of clause (i) of sub-paragraph (3) of paragraph 22 shall be in force for a period of two years from the date of publication of this Scheme in the Official Gazette.”

EDLI Assurance Benefit 15.02.2018.pdf

Case # 1 Case # 2 15,000 Case # 3 Cap limit

Fixed Gross Wages 10,000 Fixed Gross Wages 60,000 Fixed Gross Wages 60,000

HRA (30% of Gross Wages) 3,000 HRA (30% of Gross Wages) 18,000 HRA (30% of Gross Wages) 18,000

EPF Wages 7,000 EPF Wages 42,000 EPF Wages 42,000 <15000>

EPF @(12%+3.67%) 1,097 EPF @(12%+3.67%) 2,351 EPF @(12%+3.67%)+Excess 10,321

EPF Amount (5 Years) 65,814 EPF Amount (5 Years) 141,030 EPF Amount (5 Years) 619,284

Average Wages 30 times (A) 300,000 Average Wages 30 times (A) 450,000 Average Wages 30 times (A) 450,000 15000

50% of EPF Amount (B) 32,907 50% of EPF Amount (B) 70,515 50% of EPF Amount (B) 309,642 150000

Assurance Benefit (A+B) 332,907 Assurance Benefit (A+B) 520,515 Assurance Benefit (A+B) 600,000

Authored by : Murugavel B 3

Case # 1 Case # 2 15,000 Case # 3

Fixed Gross Wages 10,000 Fixed Gross Wages 60,000 Fixed Gross Wages 60,000

HRA (30% of Gross Wages) 3,000 HRA (30% of Gross Wages) 18,000 HRA (30% of Gross Wages) 18,000

EPF Wages 7,000 EPF Wages 42,000 EPF Wages 42,000 <15000>

EPF @(12%+3.67%) 1,097 EPF @(12%+3.67%) 2,351 EPF @(12%+3.67%)+ Excess 10,321

EPF Amount (3 Months) 3,291 EPF Amount (3 Months) 7,052 EPF Amount (3 Months) 30,964

Average Wages 30 times (A) 300,000 Average Wages 30 times (A) 450,000 Average Wages 30 times (A) 450,000 15000

50% of EPF Amount (B) 1,645 50% of EPF Amount (B) 3,526 50% of EPF Amount (B) 15,482

Assurance Benefit (A+B) 301,645 Assurance Benefit (A+B) 453,526 Assurance Benefit (A+B) 465,482

Assurance Benefit (Min. = 250000) Assurance Benefit (Max. = 600000)

Name of Act/Rule Contract Labour (Regulation & Abolition) Central Amendment Rules, 2018

G.O. Reference G.O.Ms.No. 12, Labour and Employment (H1), 25th January 2018


Title 17. Manner of making application for registration of establishments.

Nature of Change


● ●Sec(Sub-Sec) Rule (Sub-

Rule)

Para/Sub

para


�� Contract Labour (Regulation & Abolition) Rules


17(2),(3)

BEFORE AFTER

(2) The application referred to sub-rule (1) shall be accompanied by a treasury receipt showing payment of the fees for the registration of the establishment.

(2) The application referred to sub-rule (1) shall be accompanied by a treasury receipt or online payment through online portal of DISH showing payment of the fees for the registration of the establishment.

(3) Every application referred to in sub-rule(1) shall be either personally delivered to the Registering Officer or sent to him by registered post.

(3) Every application referred to in sub-rule (1) shall be made through online portal of DISH or personally delivered to the Registering Officer or sent to him by registered post.


G.O. Reference G.O.Ms.No. 12, Labour and Employment (H1), 25th January 2018


Title 29. Renewal of licence.

Nature of Change


●Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para




Rule)

29(2A)

BEFORE AFTER

"(2A) Every application referred to in sub-rule (2) shall be made through online portal of Directorate of Industrial Safety and Health or personally delivered to the licensing officer or sent to him by registered post:

Provided that such application shall be accompanied by a treasury receipt or online payment through online portal of Directorate of Industrial Safety and Health, evidencing the payment of appropriate fee,".


G.O. Reference G.O.Ms.No. 13, Labour and Employment (H1), 31st January 2018


Title 27. Validity of the Licence.

Nature of Change


●Sec(Sub-Sec) Rule Para/Sub Regulation Clause Schedule Title Others



Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


27(1)

BEFORE AFTER

(1) Every license granted under rule 23 or renewed under rule 29 shall remain in force upto and inclusive of the 31st of December of the year for which the licence is granted or renewed.

(1) Every license granted under rule 23 or renewed under rule 29 shall remain in force for a period of two consecutive calendar years commencing from the year in which the licence is granted or renewed.

TN_CLRA_Rules _21022018.pdf

�� Circulars – EPF

Name of Act/Rule The Employee's Provident Fund Organization

G.O. Reference No.WSU/17(1)2017/Frauds/20574 dt. 27.02.2018


Title Mandatory Submission of claims through online mode in case of settlement amount is above Rs. 10 lakhs.

Nature of Change



Nature of ChangeFixed

Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


BEFORE AFTER

EPFO-online settlement notification-27.2.18.pdf

�� Circulars – ESI

Name of Act The Employee's State Insurance Corporation

G.O. Reference F.No. G-32/11/6/164/2014-ISD(CR-Ins/Bft)Vol.III dt.07.02.2018

Effective Date 07th February 2018

Title Provision of Two Dispensaries

Nature of Change

Substitued Omitted Inserted Remarks

Substituted

Sec(Sub-Sec) Rule

(Sub-

Para/Sub

para

Regulatio

n

Clause Schedule Title Others


(Sub-

Rule)

para n

BEFORE AFTER

ESI Notification-07.02.18.pdf

Name of Act/Rule The Tamilnadu Factories Rules, 1950

G.O. Reference G.O. Ms. No. 15, Labour and Employment (M2), 31st January 2018


Title 3. Approval of site, construction or extension of a factory

Nature of Change


●

�� The Tamilnadu Factories Rules


Sec(Sub-Sec) Rule (Sub-

Rule)

Para/Sub

para


3(2)

BEFORE AFTER

(2) Application for such permission or submission of plans shall be made in Form No.1 in triplicate.] It shall be accompanied by the following documents,….

(2) Application for such permission or submission of plans shall be made in Form No.1 through online portal of DISH] It shall be accompanied by the following documents,….

Name of

Act/RuleThe Tamilnadu Factories Rules, 1950



Title 4. Registration and grant of license for a factory

Nature of

Change


●



Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


4(2)

BEFORE AFTER

An application for the registration of a factory and grant of a licence to it shall he submitted to the Chief Inspector in Form No. 2 in triplicate.

An application for the registration of a factory and grant of a licence to it shall he submitted to the Chief Inspector in Form No.2 through online portal of DISH.





Nature of Change


●Sec(Sub-Sec) Rule (Sub- Para/Sub Regulation Clause Schedule Title Others




Rule)

Para/Sub

para


4(3)

BEFORE AFTER

(3) The fees payable for the registration and grant of a licence to a factory shall be as specified in the schedule hereto. The application in Form No. 2 shall be accompanied by a treasury receipt or by crossed demand draft drawn in any branch of a Nationalized Bank in favour of the Deputy Chief Inspector of Factories of the region] evidencing payment of the appropriate fee specified in the schedule hereto

(3) The fees payable for the registration and grant of a licence to a factory shall be as specified in the schedule hereto. The application in Form No. 2 shall be accompanied by a treasury receipt or by crossed demand draft drawn in any branch of a Nationalized Bank in favour of the Deputy Chief Inspector of Factories of the region or by online payment through online portal of DISH] evidencing payment of the appropriate fee specified in the schedule hereto





Nature of Change



Rule)

Para/Sub

para




Rule) para

6A

BEFORE AFTER

The Occupier of a factory may opt to remit the licence fees for obtaining initial licence or renewal of licence for a period up to five consecutive calendar years, instead of getting it renewed for every calendar year. Occupier shall make a specific request in Form No. 2 indicating the number of years for which licence is sought for. In such cases the fees payable for the grant or renewal of licence to a factory shall be proportionate to the annual fees as per the Schedule multiplied by the number of years for which the licence is sought for

The Occupier of a factory may opt to remit the licencefees for obtaining initial licence or renewal of licencefor a period up to ten consecutive calendar years, instead of getting it renewed for every calendar year. Occupier shall make a specific request in Form No. 2 indicating the number of years for which licence is sought for. In such cases the fees payable for the grant or renewal of licence to a factory shall be proportionate to the annual fees as per the Schedule multiplied by the number of years for which the licence is sought for




Title 6. Amendment of Licence

Nature of Change

Substituted Omitted Inserted/Added Remarks


Rule)

Para/Sub

para




Rule) para

6(2)

BEFORE AFTERAn application for the amendment of a licence granted to a factory shall be submitted to the 27 [Deputy Chief Inspector of Factories] having jurisdiction over the area where the factory is situated, specifying the nature of the amendment sought and the reasons therefor, at least fifteen days prior to the date on which the applicant desires the amendment to take effect. The application shall be accompanied by the original licence, if it is not already available with the 28 [Deputy Chief Inspector of Factories, and 29[treasury receipt or a crossed demand draft] of any brunch of a Nationalized Bank drawn in favour of the Deputy Chief Inspector of Factories of the region]

An application for the amendment of a licence granted to a factory shall be submitted to the 27 [Deputy Chief Inspector of Factories] having jurisdiction over the area where the factory is situated, specifying the nature of the amendment sought and the reasons therefor, at least fifteen days prior to the date on which the applicant desires the amendment to take effect. The application shall be accompanied by the original licence, if it is not already available with the 28 [Deputy Chief Inspector of Factories, and 29[treasury receipt or a crossed demand draft] of any brunch of a Nationalized Bank drawn in favour of the Deputy Chief Inspector of Factories of the region or by online payment through online portal of DISH ]




Title 7. Renewal of Licence

Nature of Change



(Sub-

Rule)

Para/Sub

para

Regulatio

n




Rule)

7(2)

BEFORE AFTERThe occupier of every factory licensed under rule 4, shall submit to the [Deputy Chief Inspector of Factories] having jurisdiction over the area where the factory is situated, an application in Form No.2 in triplicate, for the renewal of the licence. The application for such renewal shall be made so as to be received in the office of the Deputy Chief Inspector of Factories], not less than two months before the date on which the licence expires and it shall be accompanied by the original licence if it is not already available with the [Deputy Chief Inspector of Factories

The occupier of every factory licensed under rule 4, shall submit to the 32[Deputy Chief Inspector of Factories] having jurisdiction over the area where the factory is situated, an application in Form No.2 thorugh online portal of DISH, for the renewal of the licence. The application for such renewal shall be made so as to be received in the office of the Deputy Chief Inspector of Factories], not less than two months before the date on which the licence expires and it shall be accompanied by the original licence if it is not already available with the [Deputy Chief Inspector of Factories




Title 7. Renewal of Licence

Nature of Change


●Sec(Sub-Sec) Rule Para/Sub Regulation Clause Schedule Title Others



Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


7(3)

BEFORE AFTER

Provided further that] if the occupier of the factory opts to remit the fee for the renewal of licence for a period up to five consecutive calendar years instead of getting it renewed for every calendar year he shall indicate in Form No.2, the number of years for which renewal of licence is required.]

Provided further that] if the occupier of the factory opts to remit the fee for the renewal of licence for a period up to ten consecutive calendar yearsinstead of getting it renewed for every calendar year he shall indicate in Form No.2, the number of years for which renewal of licence is required.]




Title 11. Payment of Fees

Nature of Change

Substitued Omitted Inserted/Added Remarks





Rule)

Para/Sub

para


11(1)

BEFORE AFTER

Every application relating to grant, renewal, transfer and amendment of licence under these rules shall be accompanied by a [treasury receipt or by a crossed demand draft) of any branch of a Nationalized Bank drawn in favour of the Deputy Chief Inspector of Factories of the region

Every application relating to grant, renewal, transfer and amendment of licence under these rules shall be accompanied by a [treasury receipt or by a crossed demand draft) of any branch of a Nationalized Bank drawn in favour of the Deputy Chief Inspector of Factories of the region or by online payment through online portal of DISH




Title 56-B . Testing or Examination of Pressure Plant or Vessel

Nature of Change

Substitued Omitted Inserted/Added Remarks


(Sub-

Rule)

Para/Sub

para


56-



56-

B(1)(3)

BEFORE AFTER(1)An application duly filled in Form No. 8-B for the-testing or examination of pressure plant or vessel or water sealed gas holder shall be submitted to the respective Deputy Chief Inspector of Factories

(1)An application duly filled in Form No. 8-B for the-testing or examination of pressure plant or vessel or water sealed gas holder shall be submitted to the respective Deputy Chief Inspector of Factories through online portal of DISH

(3) Every application under sub-rule (1) shall be accompanied [by a treasury receipt or by a crossed demand draft drawn in any branch of a Nationalized Bank in favour of the respective Deputy Chief Inspector of Factories] evidencing payment of appropriate fee specified in sub-rule (2): and

(3) Every application under sub-rule (1) shall be accompanied [by a treasury receipt or by a crossed demand draft drawn in any branch of a Nationalized Bank in favour of the respective Deputy Chief Inspector of Factories or by online payment through online portal of DISH] evidencing payment of appropriate fee specified in sub-rule (2): and




Title 100. Returns

Nature of Change



(Sub-

Rule)

Para/Sub

para


100



100

BEFORE AFTER

The Manager of every factory shall furnish to the Inspector the following returns

The Manager of every factory shall furnish to the Inspector through online portal of DISH, the following returns namely; Form No. 22

14. Interstate Migrant Workman 15.Conferment of Permanent Status to Workmen.

Factories Rule amendment - 31.01.18.pdf

�� The Tamilnadu Labour Welfare Fund

Name of Act The Tamilnadu Labour Welfare Fund Act, 1972

G.O. Reference Act No. 8 of 2018

Effective Date 25th January 2018

Title b.’employee” - means

Nature of Change


Substituted

Sec(Sub-Sec) Rule

(Sub-

Para/Sub

para



(Sub-

Rule)

para

2 b(i) (b)

BEFORE AFTER

(b) who being employed in a supervisory capacity draws wagesExceeding Rs. 3500/- (three thousand five hundred) permensem or exercises either by the nature of duties attached tothe office or by reason of powers vested in him. Functionsmainly of managerial nautre, or

b) who being employed in a supervisory capacity draws wagesExceeding Rs. 15000/- (Fifteen thousand) per mensem orexercises either by the nature of duties attached to the office orby reason of powers vested in him. Functions mainly ofmanagerial nautre, or

LWF - 25.01.18.pdf

Name of

Act/RuleIndustrial Employment (Standing Order) Central (Amendment) Rules,2018

G.O. Reference G.S.R 235(E), Ministry of Labour and Employment, 16th March 2018


Title Schedule

Nature of

Change


●

�� The Indl.Emplmt. Standing Order Central Rules


Change ●Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


1

BEFORE AFTER

1. Fixed term employment workmen in apparel manufacturing sector

1. Fixed term employment

Name of




Title

Nature of

Change


●



Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


3A

BEFORE AFTER

3A- No employer of an industrial establishment shall covert the posts of the permanent workmen existing in his industrial establishment on the date of commencement of the Industrial Employment (Standing Order) Central (Amendment) Rules, 2018 as fixed term employment thereafter.

Name of




Title Application procedure

Nature of




Nature of


(Sub-

Rule)

Para/Sub

para


(6A)

BEFORE AFTER

(6A) Number of Fixed Term Employment Workmen in apparel manufacturing sector

(6A) Number of Fixed Term Employment Workmen

Name of




Title M S Orders in respect of Industrial Estbts. 2. Classification of Workmen

Nature of

Change


●




(Sub-

Rule)

Para/Sub

para

Regulatio

n


2(a) I

BEFORE AFTER

(3A) Fixed term employment workmen in apparel manufacturing sector

(3A) Fixed term employment workmen

Name of Act/Rule Industrial Employment (Standing Order) Central (Amendment) Rules,2018



Title 2. Classification of Workmen (Definition)

Nature of Change



Rule)Para/Sub

para


2(h) I



2(h) I

BEFORE AFTER

(h) A “fixed term employment workman in apparel manufacturing sector” is a workman who has been engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute

(h) A “fixed term employment workman is a workman who has been engaged on the basis of written contract of employment for a fixed period. Provided that, a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent workman, and (b) he shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even his period of employment does not extend to the qualifying period of employment required in the statute

Name of Act/Rule Industrial Employment (Standing Order) Central (Amendment) Rules,2018



Title 13. Termination of employment.

Nature of ChangeSubstituted Omitted Inserted Remarks


Rule)Para/Sub

para


13(2) I

BEFORE AFTER



BEFORE AFTERSubject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947), no temporary workman whether monthly rated, weekly rated or piece rated, and no probationer or badli or fixed term employment workman in apparel manufacturing sector, as a result of non- renewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated.

Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947), (i) no notice of termination of employment shall be necessary in the case of temporary workman whether monthly rated, weekly rated or piece rated, and no probationer or badliworkmen and (ii) no workman employed on fixed term employment basis , as a result of non-renewal of contract or employment or on the expiry of such contract period being without it being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated.

Provided that the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in paragraph 14.

Provided that the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in paragraph 14.

Name of Act/Rule The Payment of Gratuity (Amendment) Act, 2018

G.O. ReferenceThe Ministry of Law and Justice (Legislative Department), 28th March2018

S.O. 1420(E) Ministry of Labour and Employment, 29th March 2018


Title 2A. Continuous Service

Nature of Change


�� The Payment of Gratuity Amendment Act


Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


2A(2) (iv)

BEFORE AFTER

(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelveweeks.

(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twenty sixweeks.

Gratuity-Rs.20-lacs-29032018.pdf

Name of

Act/RuleThe Payment of Gratuity (Amendment) Act, 2018

G.O. ReferenceThe Ministry of Law and Justice (Legislative Department), 28th March2018

S.O. 1420(E) Ministry of Labour and Employment, 29th March 2018


Title 4. Payment of Gratuity

Nature of

Change


�� The Payment of Gratuity Amendment Act


Change

Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


4(3)

BEFORE AFTER

(3) The amount of gratuity payable to an employee shall not exceed [ten lakh rupees].

(3) The amount of gratuity payable to an employee shall not exceed [twenty lakh rupees].

� Deduction of Canteen Services from Employee - GST

GST

• Whether reimbursement of food expenses from employees for the canteen provided by the company comes under

the definition of outward supplies as taxable under GST Act.

Canteen

•Company incurring the catering running expenses and are recovering the same from its employees without any profit margin.

•The Company does not make any profit while recovering the cost of food items, from employees. Only the actual cost incurred for food items, is recovered from the employees.

M/s. Caltech Polymers P Ltd Vs Authority for Advance Tax Ruling, Kerala

Service

Tax

•Services provided in relation to serving of food or beverages by a canteen maintained in a factory covered under the Factories Act,

1948 including a canteen having the facility of air-conditioning or central air-heating at any time during the year’ was exempted from Service Tax

Supply

•“Supply by way of or as a part of any service or in any other manner whatsoever , of goods , being food or any otherarticle for human consumption or any drink (other than alcoholic liquor for human consumption), where such supplyor service is for cash, deferred payment or other valuable consideration.”

Ruling

• Recovery of food expenses from the employees for the canteen provided by the Company would come under the definition of “Outward Supply”

• Therefore, taxable as supply of services under GST.

• To avail benefits under ESI Scheme, Insured Persons (IPs) requirePenchan Card for it , the provision of issuance of Biometric Cardto IPs was made.

• The issuance of Bio-metric Penchan Card was discontinued as ameasure of encouraging ease of doing business.

• The employers has been empowered to register their unit, theiremployees on online and also issue e-Penchan Card.

� E-Penchan Cards under ESI

employees on online and also issue e-Penchan Card.

• However, some of the IPs are facing difficulties due to non-issuance of e-Penchand Card by the Employers.

• In case of any Complaint/Representation regarding non-issuance of e-Penchan Card to IPs by their Employers, concerned field units (Ros/SROs/Branch Offices, etc) should Issue E-PenchanCards and remove the difficulties faced by the IPs.

• Even in cases where sufficient details are not provided by the IPs, it shall be responsibility of the Filed Offices to find out necessary particulars to the extent possible, to issue the e-Penchan Card to IPs.

Complaints

� Re-entrant employees and the Maternity Beneift - ESI

Contribution Period Corresponding Benefit Period

1st April to 30th September 1st January of the year following to 30th June

1st October to 31st March of the following 1st July to 31st December

Provided in the case of a person who becomes an employee within the meaning of the Act for the first time, the contribution

period will commence from date of such employment in the contribution period current on that day and the corresponding

benefit period for him shall commence on the expiry of the period from nine months from the date of such employment.

Present

• A person who has already been an employee but ceased to be an employee, either due to his wage going above the coverage limit or due to any other reason, once re-enters as an employee 2nd time and thereafter, he is not becoming an employee within the meaning of the Act for the first time.

Meaning

• The Stipulation of 9 months period is applicable only for commencement of the 1st benefit period in r/o the person who becomes an employee within the meaning of the Act for the first time.

Clarified

• Therefore, the stipulation of completing 9 months period again to start his benefit period would not be applicable to him but he would be governed by general contribution and benefit periods as mentioned in Regulation 4 above.

Re-entrant

• The re-entrant employees are to be governed by the general contribution and benefit periods, provided they have completed a period of 9 months once when they became an employee within the meaning of the Act for the first time.

•No.DGE-U 13015/01/2016-MP (G) Government of India

•Ministry of Labour and Employment , Directorate General ofEmployment MP (G) Section – Office Memorandum dt.12.04.2018

Circular Reference

•With the approval of Cabinet Committee on Economic Affairs (CCEA) the guidelines of PMRPY dated 23.02.2017 have now PMRPY-2

� Pradhan Mantri Rojgar Protsahan Yojna (PMRPY)

(CCEA) the guidelines of PMRPY dated 23.02.2017 have now been revised to the extent that;

PMRPY-2

•Government of India will pay the full employer’scontribution (EPF and EPS both) as admissible from time totime w.e.f . 01.04.2018 for a period of three years to thenew employees and to the existing beneficiaries for theirremaining period of three years through EPFO.

• The terminal date for registration of beneficiary throughestablishment is 31st March, 2019.

Registration

Name of Act/Rule The TN Indul. Estabts (Conferment of Permanent Status to Workmen) Rules, 2018

G.O. Reference G.O. MS.No. 40, Labour and Employment (G1) 26th March 2018


Title 6. Maintenance of Registers by Employers

Nature of Change



� The TN Indl.Estbts. (Conferment and Permanent Status to Workmen)

Rules

Rule) para

2

BEFORE AFTER

(2) Every employer shall compile an up-to-date list in Form 1except column (9) thereof at the end of each half-year ending onthe 31st day of June and 31st day of December and exhibit the listprominently at any part of the industrial establishments forperusal of the list by the workmen during working hours on anyday.

(2) Every employer shall compile an up-to-date list in Form 1 exceptcolumn (9) thereof at the end of each year and exhibit the listprominently at any part of the industrial establishments for perusal ofthe list by the workmen during working hours on any day.





Nature of Change



Rule)

Para/Sub

para


3


Rules

3

BEFORE AFTER

(3) Every employer shall send a copy of the up-to-date list so compiled under sub-rule(2) to the Inspector concerned within a fortnight from the expiry of the half-year endingwith June and December of every year with a declaration that the list has been exhibited for the perusal of the workmen of the industrial establishment as required under sub sec (2). He shall also send particulars for each half-year in Form 2 to the Inspector concerned. He shall obtain acknowledgement for furnishing the particulars in Form 1 and Form 2 to the Inspector under this sub-rule either by Registered post or otherwise.

(3) Every employer shall send a copy of the up-to-date list so compiled under sub-rule(2) to the Inspector concerned within a fortnight from the expiry of every year with a declaration that the list has been exhibited for the perusal of the workmen of the industrial establishment as required under sub sec (2). He shall also send particulars for each the year in Form 2 along with particulars in Form 1 as required under this sub-rule to the Inspector concerned. He shall obtain acknowledgement for furnishing the particulars in Form 1 and Form 2 to the Inspector under this sub-rule either by Registered post or otherwise.

Provided that no annual return in Form 2 need be sent by the

employer of an industrial establishment, if a combined annual

return in Form 22 as required in sub-rule (2) of Rule 100 of the

Tamilnadu Factoires Rules, 1950 is furnished.


Rules




Title FORM 2

Nature of Change



Rule)

Para/Sub

para


Item 6,7 and 8

BEFORE AFTER

Half yearly return for the Half-year ending 30th June/31st December 20

ANNUAL RETURN FOR THE YEAR ENDING 31ST DECEMBER 20

6. Number of non-permanent workmen who have completed 480 days of service during the half year ending 30th June/31st December

6. Number of non-permanent workmen who have completed 480 days of service during the year ending 31st December

7. Number of workmen made permanent during half year ending 30th June/31st December

7. Number of workmen made permanent during the yearending 31st December

8. Number of workmen yet to be made permanent as on 1st July/1st January

8. Number of workmen yet to be made permanent as on 1st January

TNCPSW notification.pdf


G.O. Reference G.O. Ms. No. 62, Labour and Employment (M2), 25th May 2018,


Title 12-B. Medical Examination by Certifying Surgeon.

Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(1) Every worker employed in the process of mixing,

� The Tamilnadu Factories Rules


(1) Every worker employed in the process of mixing, filling and handling of chemicals in the fire works factories shall be medically examined by a Certifying Surgeon within fifteen days of his first employment. Such medical examination n days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon.

(2) Every worker employed in the said process shall be re-examined by a Certifying Surgeon at least once in every six months. Such re-examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests specified in sub-paragraph (1) except Chest X-ray which will be done once in three years.






Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(3) The Certifying Surgeon after examining a worker


(3) The Certifying Surgeon after examining a worker shall issue a Certificate of Fitness in Form No. 27. The record of re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a Health Register in Form No. 17.

(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.






Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would


processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in those documents and should also include the period for which he considers that the said person is unfit for work in the said processes. The person so suspended from the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.

(6) No person who has been found unfit to work as said in sub-paragraph (5) above, shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes".

Preventive Health Check-

up

• Hb, TLC, DLC,ESR, Random Blood Sugar, Kidney Function Test – Blood Urea, S. Creatinine

• Liver Function Test – Bilirubin, SGOT, SGPT, S.Alk, Phospatase. Urine-Routine and Microscopy.

• X-ray Chest – PA View ECG

• Annual Health Check-up for Insured Persons will be conducted in all ESIC/ESIS Hospitals and equipped Dispensaries.

� Annual Preventive Health Check-up under ESIC

Action Plan

equipped Dispensaries.

• The Health Profile/record of each such IPs may also be uploaded in Electronic Health Record of the Patients.

Mandatory

• Annual Health Check-up of all IPs of age 40 years and above will be mandatorily carried out With effect from 01.04.2017 at all ESIC/ESIS Hospitals and equipped Dispensaries.


Revised Professional Tax (01.04.2018)

• Up to Rs. 21,000 Nil

Rs. 135

• Rs. 31,001 to 45000 Rs. 315

• Rs.21,001 to 31,000

• Rs. 45,001 to 60,000Rs. 690

Rs. 1025

Rs. 1250


• Rs. 60,001 to 75000

•Rs. 75,001 and above

Name of

Act/RuleThe Industrial Disputes Act, 1948

G.O. Reference G.O. (Rt). No. 155, Labour and Employment (D2), 17th May 2018,


Title Declaration of Automobile Manufacturing Industry as PUS

Nature of

Change


� PUS under Industrial Disputes Act,


Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


2 (vi) n

BEFORE AFTER

"Automobile manufacturing Industry" to be a Public Utility Service for the purpose of the said Act for a period of six months on and from the date of publication of this Notification in the Tamilnadu Government Gazette.




G.O.Ms.No. 34, Labour and Employment (G2) 14th March 2018.



Nature of Change


Substituted

Sec(Sub-Sec) Rule Para/Sub Regulation Clause Schedule Title Others


Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


2 b(i) (b)

BEFORE AFTER

(b) who being employed in a supervisory capacity draws wagesExceeding Rs. 3500/- (three thousand five hundred) permensem or exercises either by the nature of duties attached tothe office or by reason of powers vested in him. Functionsmainly of managerial nature, or


LWF - 25.01.18.pdf

Name of Act/Rule The Tamilnadu Safety Officer (Duties@ Service Rules, 2005

G.O. Reference G.O. Ms. No. 45, Labour and Employment (M2), 09th April 2018


Title 3. Qualifications and Experience

Nature of Change



Rule)

Para/Sub

para


3(1) (a)

BEFORE AFTER(a) posesses a recognised degree in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory

(a) posesses a recognised degree in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory

� The Tamilnadu Safety Officer (Duties … Service Rules,2005


experience of working in a factory in a supervisory capacity for a period of not less than two years, or is a member or an associate member of the Institution of Engineers (India) and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years or possesses a recognised degree in Physiscs or Chemistry and has had a practical experiene of working in factory in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years;

experience of working in a factory in a supervisory capacity for a period of not less than two years, or is a member or an associate member of the Institution of Engineers (India) and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years or possesses a recogniseddegree in Physiscs or Chemistry and has had a practical experiene of working in factory in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years;





Nature of Change



Rule)

Para/Sub

para


3(1) (b)



BEFORE AFTER

(b) possesses a degree or diploma in Industrial Safety; recognized by the State Government in this behalf; and

possesses any Diploma in Industrial Safety conducted by any Institute under Directorate General, Factory Advice Service and Labour Institutes (DGFASLI), Ministry of Labour and Employment, Government of India (or) possesses a full time degree (or) a full time Diploma in Industrial Safety with equivalent syllabus 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 in India; and''






Nature of Change

Substitued Omitted Added Remarks

●


Rule)

Para/Sub

para



Rule) para

3(2)

BEFORE AFTER

''Provided also that 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''





Title 5. Recruitment of Safety Officer

Nature of Change

Substituted Omitted Added Remarks


Rule)

Para/Sub

para



5(1)

BEFORE AFTER

(1) The post of Safety Officer to be filled in any factory shall be advertised by the Occupier of the factory concerned in at least two newspapers having wide circulation in the State, out of which one news paper shall be in Tamil language and other in English.

(1) The post of Safety Officer to be filled in any factory shall be advertised by the Occupier of the factory concerned in at least two newspapers having wide circulation in the State, out of which one news paper shall be in Tamil language and other in English and in a Prominent online job portal





Nature of Change



Rule)

Para/Sub

para


5(1)

BEFORE AFTERProvided further that the post of safety officers in Provided further that the post of safety officers in



Provided further that the post of safety officers in private factories may be filled up from the Department of Inspectorate Factories on deputation basis.

Provided further that the post of safety officers in private factories may be filled up from the Directorate of Industrial Safety and Health on deputation basis and that the procedures laid down in sub-rule (1) need not be followed, while filling up on deputation basis.'Provided also that 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 Under- takings or Government Establishment or Quasi Government Establishment, the vacancy shall be widely published among the prospective staff by suitable methods;

Name of Act/RuleThe Tamilnadu Safety Officer (Duties@ Service Rules, 2005




Nature of

Change


●

Sec(Sub-Sec) Rule Para/Sub Regulatio Clause Schedule Title Others



(Sub-

Rule)

para n

5(2)

BEFORE AFTER

(2) Selection for appointment to the post of Safety Officer shall be made among the candidates applying for the post, by a committee appointed by the occupier of the factory concerned.

(2) 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''

� Deduction of Canteen Services from Employee - GST

GST

• Whether reimbursement of food expenses from employees for the canteen provided by the company comes under

the definition of outward supplies as taxable under GST Act.

Canteen

•Company incurring the catering running expenses and are recovering the same from its employees without any profit margin.

•The Company does not make any profit while recovering the cost of food items, from employees. Only the actual cost incurred for food items, is recovered from the employees.

M/s. Caltech Polymers P Ltd Vs Authority for Advance Tax Ruling, Kerala

Service

Tax

•Services provided in relation to serving of food or beverages by a canteen maintained in a factory covered under the Factories Act,

1948 including a canteen having the facility of air-conditioning or central air-heating at any time during the year’ was exempted from Service Tax

Supply

•“Supply by way of or as a part of any service or in any other manner whatsoever , of goods , being food or any otherarticle for human consumption or any drink (other than alcoholic liquor for human consumption), where such supplyor service is for cash, deferred payment or other valuable consideration.”

Ruling

• Recovery of food expenses from the employees for the canteen provided by the Company would come under the definition of “Outward Supply”

• Therefore, taxable as supply of services under GST.

• To avail benefits under ESI Scheme, Insured Persons (IPs) requirePenchan Card for it , the provision of issuance of Biometric Cardto IPs was made.

• The issuance of Bio-metric Penchan Card was discontinued as ameasure of encouraging ease of doing business.

• The employers has been empowered to register their unit, theiremployees on online and also issue e-Penchan Card.

� E-Penchan Cards under ESI

employees on online and also issue e-Penchan Card.

• However, some of the IPs are facing difficulties due to non-issuance of e-Penchand Card by the Employers.

• In case of any Complaint/Representation regarding non-issuance of e-Penchan Card to IPs by their Employers, concerned field units (Ros/SROs/Branch Offices, etc) should Issue E-PenchanCards and remove the difficulties faced by the IPs.

• Even in cases where sufficient details are not provided by the IPs, it shall be responsibility of the Filed Offices to find out necessary particulars to the extent possible, to issue the e-Penchan Card to IPs.

Complaints

� Re-entrant employees and the Maternity Beneift - ESI

Contribution Period Corresponding Benefit Period

1st April to 30th September 1st January of the year following to 30th June

1st October to 31st March of the following 1st July to 31st December

Provided in the case of a person who becomes an employee within the meaning of the Act for the first time, the contribution

period will commence from date of such employment in the contribution period current on that day and the corresponding

benefit period for him shall commence on the expiry of the period from nine months from the date of such employment.

Present

• A person who has already been an employee but ceased to be an employee, either due to his wage going above the coverage limit or due to any other reason, once re-enters as an employee 2nd time and thereafter, he is not becoming an employee within the meaning of the Act for the first time.

Meaning

• The Stipulation of 9 months period is applicable only for commencement of the 1st benefit period in r/o the person who becomes an employee within the meaning of the Act for the first time.

Clarified

• Therefore, the stipulation of completing 9 months period again to start his benefit period would not be applicable to him but he would be governed by general contribution and benefit periods as mentioned in Regulation 4 above.

Re-entrant

• The re-entrant employees are to be governed by the general contribution and benefit periods, provided they have completed a period of 9 months once when they became an employee within the meaning of the Act for the first time.

•No.DGE-U 13015/01/2016-MP (G) Government of India

•Ministry of Labour and Employment , Directorate General ofEmployment MP (G) Section – Office Memorandum dt.12.04.2018

Circular Reference

•With the approval of Cabinet Committee on Economic Affairs (CCEA) the guidelines of PMRPY dated 23.02.2017 have now PMRPY-2

� Pradhan Mantri Rojgar Protsahan Yojna (PMRPY)

(CCEA) the guidelines of PMRPY dated 23.02.2017 have now been revised to the extent that;

PMRPY-2

•Government of India will pay the full employer’scontribution (EPF and EPS both) as admissible from time totime w.e.f . 01.04.2018 for a period of three years to thenew employees and to the existing beneficiaries for theirremaining period of three years through EPFO.

• The terminal date for registration of beneficiary throughestablishment is 31st March, 2019.

Registration





Nature of Change




Rules

Rule) para

2

BEFORE AFTER

(2) Every employer shall compile an up-to-date list in Form 1except column (9) thereof at the end of each half-year ending onthe 31st day of June and 31st day of December and exhibit the listprominently at any part of the industrial establishments forperusal of the list by the workmen during working hours on anyday.

(2) Every employer shall compile an up-to-date list in Form 1 exceptcolumn (9) thereof at the end of each year and exhibit the listprominently at any part of the industrial establishments for perusal ofthe list by the workmen during working hours on any day.





Nature of Change



Rule)

Para/Sub

para


3


Rules

3

BEFORE AFTER

(3) Every employer shall send a copy of the up-to-date list so compiled under sub-rule(2) to the Inspector concerned within a fortnight from the expiry of the half-year endingwith June and December of every year with a declaration that the list has been exhibited for the perusal of the workmen of the industrial establishment as required under sub sec (2). He shall also send particulars for each half-year in Form 2 to the Inspector concerned. He shall obtain acknowledgement for furnishing the particulars in Form 1 and Form 2 to the Inspector under this sub-rule either by Registered post or otherwise.

(3) Every employer shall send a copy of the up-to-date list so compiled under sub-rule(2) to the Inspector concerned within a fortnight from the expiry of every year with a declaration that the list has been exhibited for the perusal of the workmen of the industrial establishment as required under sub sec (2). He shall also send particulars for each the year in Form 2 along with particulars in Form 1 as required under this sub-rule to the Inspector concerned. He shall obtain acknowledgement for furnishing the particulars in Form 1 and Form 2 to the Inspector under this sub-rule either by Registered post or otherwise.

Provided that no annual return in Form 2 need be sent by the

employer of an industrial establishment, if a combined annual

return in Form 22 as required in sub-rule (2) of Rule 100 of the

Tamilnadu Factoires Rules, 1950 is furnished.


Rules




Title FORM 2

Nature of Change



Rule)

Para/Sub

para


Item 6,7 and 8

BEFORE AFTER

Half yearly return for the Half-year ending 30th June/31st December 20

ANNUAL RETURN FOR THE YEAR ENDING 31ST DECEMBER 20

6. Number of non-permanent workmen who have completed 480 days of service during the half year ending 30th June/31st December

6. Number of non-permanent workmen who have completed 480 days of service during the year ending 31st December

7. Number of workmen made permanent during half year ending 30th June/31st December

7. Number of workmen made permanent during the yearending 31st December

8. Number of workmen yet to be made permanent as on 1st July/1st January

8. Number of workmen yet to be made permanent as on 1st January

TNCPSW notification.pdf





Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(1) Every worker employed in the process of mixing,



(1) Every worker employed in the process of mixing, filling and handling of chemicals in the fire works factories shall be medically examined by a Certifying Surgeon within fifteen days of his first employment. Such medical examination include skin test for Dermatitis, Pulmonary function test and Chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon.

(2) Every worker employed in the said process shall be re-examined by a Certifying Surgeon at least once in every six months. Such re-examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests specified in sub-paragraph (1) except Chest X-ray which will be done once in three years.






Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(3) The Certifying Surgeon after examining a worker


(3) The Certifying Surgeon after examining a worker shall issue a Certificate of Fitness in Form No. 27. The record of re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a Health Register in Form No. 17.

(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.






Nature of Change



Rule)

Para/Sub

para


95 XXIV

BEFORE AFTER(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would


processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in those documents and should also include the period for which he considers that the said person is unfit for work in the said processes. The person so suspended from the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.

(6) No person who has been found unfit to work as said in sub-paragraph (5) above, shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes".

Preventive Health Check-

up

• Hb, TLC, DLC,ESR, Random Blood Sugar, Kidney Function Test – Blood Urea, S. Creatinine

• Liver Function Test – Bilirubin, SGOT, SGPT, S.Alk, Phospatase. Urine-Routine and Microscopy.

• X-ray Chest – PA View ECG

• Annual Health Check-up for Insured Persons will be conducted in all ESIC/ESIS Hospitals and equipped Dispensaries.

� Annual Preventive Health Check-up under ESIC

Action Plan

equipped Dispensaries.

• The Health Profile/record of each such IPs may also be uploaded in Electronic Health Record of the Patients.

Mandatory

• Annual Health Check-up of all IPs of age 40 years and above will be mandatorily carried out With effect from 01.04.2017 at all ESIC/ESIS Hospitals and equipped Dispensaries.


Revised Professional Tax (01.04.2018)

• Up to Rs. 21,000 Nil

Rs. 135

• Rs. 31,001 to 45000 Rs. 315

• Rs.21,001 to 31,000

• Rs. 45,001 to 60,000Rs. 690

Rs. 1025

Rs. 1250


• Rs. 60,001 to 75000

•Rs. 75,001 and above

Name of

Act/RuleThe Industrial Disputes Act, 1948

G.O. Reference G.O. (Rt). No. 155, Labour and Employment (D2), 17th May 2018,


Title Declaration of Automobile Manufacturing Industry as PUS

Nature of

Change


� PUS under Industrial Disputes Act,


Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


2 (vi) n

BEFORE AFTER

"Automobile manufacturing Industry" to be a Public Utility Service for the purpose of the said Act for a period of six months on and from the date of publication of this Notification in the Tamilnadu Government Gazette.




G.O.Ms.No. 34, Labour and Employment (G2) 14th March 2018.



Nature of Change


Substituted

Sec(Sub-Sec) Rule Para/Sub Regulation Clause Schedule Title Others


Sec(Sub-Sec) Rule

(Sub-

Rule)

Para/Sub

para


2 b(i) (b)

BEFORE AFTER

(b) who being employed in a supervisory capacity draws wagesExceeding Rs. 3500/- (three thousand five hundred) permensem or exercises either by the nature of duties attached tothe office or by reason of powers vested in him. Functionsmainly of managerial nature, or


LWF - 25.01.18.pdf





Nature of Change



Rule)

Para/Sub

para


3(1) (a)

BEFORE AFTER(a) posesses a recognised degree in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory

(a) posesses a recognised degree in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory



experience of working in a factory in a supervisory capacity for a period of not less than two years, or is a member or an associate member of the Institution of Engineers (India) and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years or possesses a recognised degree in Physiscs or Chemistry and has had a practical experiene of working in factory in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years;

experience of working in a factory in a supervisory capacity for a period of not less than two years, or is a member or an associate member of the Institution of Engineers (India) and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years or possesses a recogniseddegree in Physiscs or Chemistry and has had a practical experiene of working in factory in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years;





Nature of Change



Rule)

Para/Sub

para


3(1) (b)



BEFORE AFTER

(b) possesses a degree or diploma in Industrial Safety; recognized by the State Government in this behalf; and

possesses any Diploma in Industrial Safety conducted by any Institute under Directorate General, Factory Advice Service and Labour Institutes (DGFASLI), Ministry of Labour and Employment, Government of India (or) possesses a full time degree (or) a full time Diploma in Industrial Safety with equivalent syllabus 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 in India; and''






Nature of Change


●


Rule)

Para/Sub

para



Rule) para

3(2)

BEFORE AFTER

''Provided also that 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''






Nature of Change



Rule)

Para/Sub

para



5(1)

BEFORE AFTER

(1) The post of Safety Officer to be filled in any factory shall be advertised by the Occupier of the factory concerned in at least two newspapers having wide circulation in the State, out of which one news paper shall be in Tamil language and other in English.

(1) The post of Safety Officer to be filled in any factory shall be advertised by the Occupier of the factory concerned in at least two newspapers having wide circulation in the State, out of which one news paper shall be in Tamil language and other in English and in a Prominent online job portal





Nature of Change



Rule)

Para/Sub

para


5(1)

BEFORE AFTERProvided further that the post of safety officers in Provided further that the post of safety officers in



Provided further that the post of safety officers in private factories may be filled up from the Department of Inspectorate Factories on deputation basis.

Provided further that the post of safety officers in private factories may be filled up from the Directorate of Industrial Safety and Health on deputation basis and that the procedures laid down in sub-rule (1) need not be followed, while filling up on deputation basis.'Provided also that 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 Under- takings or Government Establishment or Quasi Government Establishment, the vacancy shall be widely published among the prospective staff by suitable methods;





Nature of Change


●

Sec(Sub-Sec) Rule (Sub- Para/Sub Regulation Clause Schedule Title Others



Rule) para

5(2)

BEFORE AFTER

(2) Selection for appointment to the post of Safety Officer shall be made among the candidates applying for the post, by a committee appointed by the occupier of the factory concerned.

(2) 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''

BEFORE

Account # 1 10 2 21 22 TotalMin. Adm. Charges

Name of Act/Rule The Employee's Provident Fund Amendment Scheme, 2018

G.O. Reference S.O 2011, (E), Ministry of Labour and Employment, 21ST May 2018


Title Administrative Charges

� The Employees Provident Fund and Misc., Act

EPF Administrative Charges 0.65% 0.65% R.75 ~ 500

EDLI Administrative Charges -

Total Contribution 15.67% 8.33% 0.65% 0.50% - 25.15% Rs.75 ~ 500


AFTER

Account # 1 10 2 21 22 TotalMin. Adm. Charges

EPF Administrative Charges 0.50% 0.50% R.75 ~ 500

EDLI Administrative Charges -

Total Contribution 15.67% 8.33% 0.50% 0.50% - 25.00% Rs.75 ~ 500

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