LEGAL UPDATES
STATUTORY UPDATES
Amendment to Andhra Pradesh Maternity Benefit Rules, 1966
The Government of Andhra Pradesh via a notification dated December 8, 2022, has brought certain significant amendments to the Andhra Pradesh Maternity Benefit Rules, 1966. The key amendments are as follows:
- The number of nursing breaks for women employees have been increased from 2 to 4.
- Every establishment with 50 or more employees is required to establish a creche facility within 250 meters from the place of work.
- Women employees should be issued appointment letters with details of the creche facility, and these details should also be displayed in a prominent place at the establishment.
Karnataka Government passes the Factories (Karnataka Amendment) Bill, 2023
The Karnataka Legislative Assembly on February 22, 2023, passed the Factories (Karnataka Amendment) Bill, 2023 which proposes certain amendments under the Factories Act, 1948 ("FA"). Some of the critical proposed amendments are as follows:
- Maximum daily working hours of employees will be extended from 9 hours to 12 hours inclusive of the period of rest, subject to the maximum weekly limit of 48 hours.
- As per Section 59 of the FA, a worker may be entitled to overtimes wages, if they work: (i) for more than 9 hours a day or more than 48 hours a week, working for 6 days in a week, (ii) for more than 10 hours a day or more than 48 hours a week, working for 5 days in a week, (iii) for more than 11.5 hours a day working 4 days a week or works on paid holidays.
- for more than 11.5 hours a day working 4 days a week, or works on paid holidays.
- It has been proposed that women employees can work beyond 7:00 PM or before 6:00 AM in factories, subject to their consent and certain safety measures implemented by the employer.
SEZ rules amended to liberalise WFH for SEZ units
The Ministry of Commerce and Industry via a notification dated December 8, 2022, amended the provisions of the Special Economic Zone Rules, 2006, thereby providing certain relaxations under the pre-existing work from home guidelines for eligible employees working in SEZ (Special Economic Zone) units. Our detailed analysis of the amendment is available here.
Tamil Nadu Government notifies the Tamil Nadu Transgender Persons (Protection of Rights) Rules, 2022
On December 26, 2022, the Tamil Nadu Transgender Persons (Protection of Rights), Rules, 2022 under the Transgender Persons (Protection of Rights) Act, 2019 was published. The rules inter alia provide for: (a) the procedure for issuance of certificate of identity to transgender persons (including a detailed application process); (b) provisions prohibiting discrimination against transgender persons; (c) mandatory implementation of measures undertaken by an employer to provide for an equal opportunity environment in establishments; (d) provisions for setting up a grievance redressal mechanism and appointment of a complaints officer by establishments.
Further, the Tamil Nadu Social Welfare and Women Empowerment Department released a glossary of terms relating to the LGBTQIA+ community. Please refer to our info alert here for further information on this.
Ministry of Labour and Employment classified the Uranium industry as a 'Public Utility Service'
The Ministry of Labour and Employment on January 9, 2023, declared the uranium industry as a public utility service for a period of 6 months under the Industrial Disputes Act, 1947.
Government of Gujarat amends the Contract Labour (Regulation and Abolition) (Gujarat) Rules, 1972
The Government of Gujarat on February 20, 2023, amended the Contract Labour (Regulation and Abolition) (Gujarat) Rules, 1972 thereby providing a period of 45 days for grant of registrations and licenses on receipt of such application.
Haryana Government permits women employees to work during night shifts
The Government of Haryana via a notification dated February 21, 2023, permitted women employees to work from 08:00 PM to 06:00 AM, subject to certain terms and conditions. The permission has been granted for 1 year only to IT and ITeS establishments, banking establishments, 3 star or above rated hotels, 100% export-oriented establishments, logistics and warehousing establishments, registered under the Punjab Shops and Establishments Act, 1958. The conditions for grant of exemption include measures for security and safety of women employees, prevention of acts of sexual harassment, provision for transportation facilities, the requirement of prior consent from women workers, among other things.
Introduction of unified portal for principal employers to check EPF compliances
The Employees' Provident Fund Organisation ("EPFO") via a circular dated December 28, 2022, released an advisory to all principal employers requiring them to login and view their Employees' Provident Fund ("EPF") compliances for their contractors and contract workers through the unified portal (https://unifiedportal-emp.epfindia.gov.in/epfo/). The principal employers are advised to register their details on the EPFO portal and regularly check their contractors' statutory compliances under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ("EPF Act") and corresponding schemes.
EPFO issued directions pursuant to the Supreme Court's judgment dated November 4, 2022
The Supreme Court of India in the case of EPFO and Ors. v. Sunil Kumar and Ors., on November 4, 2022,1 upheld the validity of the Employees' Pension (Amendment) Scheme, 2014 ("EPS Amendment"), which had introduced certain far-reaching changes to the Employees' Pension Scheme, 1995 ("EPS"). Thereafter, pursuant to the above judgment, the EPFO issued few circulars. The key takeaways of the Supreme Court's decision and the subsequent relevant circulars of the EPFO have been examined and summarised by us in our info alert which can be accessed here. In addition to the previous circulars, on February 20, 2023, the EPFO reiterated that members will be entitled to an additional extension of 4 months (up to May 3, 2023) to exercise their option for a higher pension under the EPS.
'Silpasathi,' a single window portal for several registration and licenses in West Bengal
The Government of West Bengal, via a notification dated December 27, 2022, listed 13 services of the Labour Department under the FA, the Contract Labour (Regulation and Abolition) Act, 1970 ("CLRA"), the Shops and Establishment Act, 1963, among other legislations, to be entirely integrated with their State single window portal called the 'Silpasathi' portal. The notification clarified that the services listed will be exclusively routed through the Silpasathi portal instead of the standalone online systems with effect from January 1, 2023.
Subsequently, the Government of West Bengal, via a notification dated February 2, 2023, observed that common citizens were facing problems to obtain a 'Certificate of Enlistment' (Trade License) on the Silapasathi portal. To obtain the trade license, citizens are directed to exclusively use the e-district portal with effect from February 2, 2023, instead of the Silpasathi portal, until further orders.
ESIC announces change of domain name of ESIC website
The Employees' State Insurance Corporation ("ESIC") on December 7, 2022, issued a press release to announce a change in domain name of its websites - 'www.esic.nic.in' and 'www.esic.in'. The new unified ESIC website is 'www.esic.gov.in'. The services available on the erstwhile websites are now available on the new unified website.
ESIC provides information on benefits and modifications of the 'AAA+ Mobile App'
The ESIC on January 31, 2023, issued a circular regarding the 'AAA+ Mobile App', to list the reasons for the low adoption and usage of the application. In an attempt to facilitate the usage of the application, the circular shed light on the modifications introduced to ease the process of seeking appointment and consultation while using the application. The modifications include (a) easier IP authentication by logging in via OTP sent on user mobile phone numbers, (b) same day appointment for users, (c) self-check-in facility for the day on which the user may be availing an appointment, (d) priority pharmacy access for those consulting a doctor via the application, (e) access to 8 regional languages including English, Hindi, Gujarati, Punjabi, Malayalam, Marathi, Kannada and Tamil, among other things.
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Footnote
1. AIR 2022 SC 634
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.
