LEGAL UPDATES
STATUTORY UPDATES
Government of Madhya Pradesh releases draft amendment to factories rules
The Government of Madhya Pradesh on November 23, 2022 has released the draft amendment to the Madhya Pradesh Factories Rules, 1962 for public comments and suggestions. The amendments have been introduced to issue factory licenses for a period of 1 to 10 years or more, as chosen by the occupier. Earlier, the license was valid only for a calendar year.
Ministry of Skill Development and Entrepreneurship notifies the Apprenticeship (Amendment) Rules, 2022
The Ministry of Skill Development and Entrepreneurship has notified the Apprenticeship (Amendment) Rules with effect from November 15, 2022. The amendment clarifies that while the stipend will be paid to the apprentice by the employer as per the rates specified in Rule 11, the cost of stipend will be borne by both the Central Government and employer in accordance with the limits prescribed by the Central Government.
Government of Andhra Pradesh allows retail enterprises to remain open all days of the year
The Government of Andhra Pradesh vide notification dated November 1, 2022, has granted exemption to all retail enterprises from certain provisions of the Andhra Pradesh Shops and Establishments Act, 1988, thereby allowing them to remain open all days of the year, subject to the satisfaction of a set of specific conditions. The exemption is valid for 5 years.
Amendment to the Andhra Pradesh Labour Welfare Fund Act
The Government of Andhra Pradesh via a notification dated October 31, 2022, has amended the Andhra Pradesh Labour Welfare Fund Act, 1987 with effect from September 9, 2022. The key amendments are as follows:
- The monetary penalty for obstructing inspection, failure to produce documents or non-compliance with the directions of the Board has been considerably increased from INR 500 to INR 25,000 for the first offence and INR 1,000 to INR 1,00,000 for the second offence. Imprisonment as one of the consequences of non-compliance has been removed by the amendment.
- Provisions on cognizance of offences, offences by companies and limitation of prosecution have been omitted.
- The Andhra Pradesh Labour Welfare Fund (Second Amendment) Ordinance 2022 stands repealed.
Telangana Government permits women employees to work during night shifts in shops and commercial establishments.
The Government of Telangana, vide a notification dated October 13, 2022, has exempted all establishments covered underthe Telangana Shops and EstablishmentsAct, 1988 from the provision thatrestricts the employment of women employees at night shifts. This amendment now allows shops and commercial establishments to employ women at night shifts (8:30 PM to 6:00 AM), subject to the satisfaction of a set of specific conditions. If any establishment fails to comply with the prescribed conditions, it may lead to cancellation of the registration certificate and /or withdrawal of the exemption.
Amendment to the Gujarat building and other construction workers rules
The Labour Department of Gujarat via a notification dated September 17, 2022 has amended the Gujarat Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2003 ("Gujarat BOCW Rules"). The key amendments to the Gujarat BOCW Rules are as follows:
- The time limit for granting the registration certificate by the registering officer under the Building and Other Construction Workers Act, 1996 has been increased from 15 days to 30 days.
- The concept of deemed registration of establishment has been introduced once there is an expiry of 30 days from the date of receipt of the application.
Women employees in factories of Himachal Pradesh can now work during night shifts
The Government of Himachal Pradesh issued a notification on August 12, 2022, which now permits women workers in factories to work between 07:00 PM and 6:00 AM, subject to the satisfaction of a set of specific conditions. The notification is valid for 3 years.
Government of Kerala notifies the Kerala Shops and Commercial Establishments (Amendment) Rules, 2022
The Government of Kerala has notified the Kerala Shops and Commercial Establishments (Amendment) Rules, 2022 with effect from August 10, 2022. The amendments have been introduced to facilitate the ease of doing business and minimise regulatory compliances for establishments. For instance, the requirement to file quarterly returns in Form H has also been omitted.
EPFO releases Standing Operating Procedures for settling claims of death
The EPFO, Ahmedabad vide a circular dated August 3, 2022 has issued Standard Operating Procedures for settling provident fund claims in case of a death of an employee member due to an industrial accident. The EPFO had earlier advised employers to promptly provide all information related to deceased employees for settlement of claims on a priority basis.
Government of Madhya Pradesh mandates 1 day menstruation leave for women employees working in night shift
The Government of Madhya Pradesh through a notification dated August 1, 2022 has permitted women employees to work between 9:00 PM and 7:00 AM subject to certain terms and conditions. While the terms and conditions are substantively in line with similar notifications issued by other State Governments, one of the key considerations is that a woman employee will also be entitled to a paid holiday during her menstruation period. The menstruation leave is in addition to the other leaves a woman employee is entitled to.
THE LABOUR CODES: STORY SO FAR
To address the uncertainty regarding the implementation of the Labour Codes, on August 4, 2022, the Ministry of Labour and Employment issued a public statement that as a step towards implementation of the Labour Codes, the Central Government has pre-published the draft Rules and has invited comments from all stakeholders. Additionally, the Ministry's efforts to uplift the workers in the unorganized sector was also highlighted.
On August 25 and August 26, 2022, the Labour Ministry scheduled a discussion with certain officials of the Central Government and various State Governments at Tirupati. The discussions primarily revolved around the development and implementation of the Labour Codes as well as strategizing on building online portals for licensing, registrations, refunds etc. under the Labour Codes.
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