HR & Labour Law Updates

  Maternity Benefits under ESIC Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:- Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23. Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 26 weeks (182 days) from the date following miscarriage-on the basis of Form 20 and 23. Sickness arising out of Pregnancy, Confinement, Premature birth-payable for a period not exceeding one month-on the basis of Forms 8, 10 and 9. In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B). Maternity benefit rate is 100% of average daily wages. All matters relating to PF ESIC, HR & Payroll Solution, Labour Laws Consulting and its subsequent matters regarding leave policy, leave rules, HR Compliance, are also advised by  PF Consultant in Ahmedabad .  Labour law in Ahmedabad ...

Definition of wages As per the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, “basic wages” means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him. However, the Act excludes these two important emoluments following from the definition of Basic Wages or Salary: (i) the cash value of any food concession; (ii) any dearness allowance that is to say, all cash payments by whatever name 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 similar allowance payable to the employee in respect of his employment or of work done in such employment All matters relating to PF ESIC, HR & Payroll Solution, Labour Laws Consulting and its subsequent matters regarding leave policy, leave rules, HR Compliance, are also advis...

  Employment Bonds in the Cases of Specialized Training Provided by the Company – Conditions for Their Validity Indian courts, however, have unequivocally held contracts containing restrictive covenants to be valid if the organization has spent significant resources on personnel training or skills enhancement of the employee. This proposition, however, comes with various caveats. After the perusal of various Supreme Court judgments, the Madras High Court in  Toshnial Brothers (Pvt) Ltd v E Eswarprasad & Ors   held that the existence of a legal injury accruing as a consequence of breach is a pre-requisite for claiming liquidated damages in accordance with section 74 of the Indian Contract Act, 1872.  In other words, the employer must show a legal injury automatically resulting from the breach of the commitment to serve for a minimum period.According to the Court, a presumption of legal injury arises incases “where the employer or the management concerned was s...

The Code of Social Security, 2020 (CSS) The Code of Social Security, 2020 (CSS) which replaces 9 central laws dealing with social benefits for employees (including provident fund (EPF), insurance (ESIC), maternity, payment of gratuity etc.) received the President’s assent last Monday. The Ministry of Labour and Employment plans to publish the rules and implement all the codes by the end of 2020. While clarity on certain aspects under the CSS (such as rates of employees’ contributions, schemes for extending social benefits to the unorganised sector etc.) will only be available once the rules are issued, it is critical for employers and employees to assess the potential impact of the revised legal framework on their existing wage structure, gratuity payments and other social benefits. This article analyses some of the practical implications of the CSS on various stakeholders across all sections of the labour and industry spectrum.   How has the coverage of social security increa...