Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
The Amendment will increase the maximum limit of gratuity of employees to INR 20,00,000 (Indian Rupees Twenty Lakhs) – revising it from INR 10,00,000 (Indian Rupees Ten Lakhs) in the private sector in order to bring them at par with some of the Central Government employees
The Ministry of Labour and Employment has, on August 28, 2017, notified an increase in the average monthly wage ceiling, to determine the applicability of the Wages Act. The notification from the Central Government sets the new wage ceiling at INR 24,000 (Indian Rupees Twenty-four Thousand) per month – revising it from INR 18,000 (Indian Rupees Eighteen Thousand) per month
The Labour Code on Wages Bill, 2017, which seeks to consolidate and simplify existing statutes relating to wages and benefits, was introduced in the lower House (Lok Sabha) of the Indian Parliament on August 10, 2017.
Submission of Unique Identification (UID or Aadhaar) number has been made mandatory for eligible employees to avail benefits under the Employees’ Pension Scheme, 1995.
The Employee State Insurance Corporation issued a circular whereby the contribution in respect of any employee by the employer shall be due within 15 days of the last day of the calendar month in which the contributions fall due.
One of the highlights of the Rights of Persons with Disabilities Act, 2016 and the Rights of Persons with Disabilities Rules, 2017 (the “Disability Law”) is the extension of their applicability to private establishments. A private establishment includes a company, firm, cooperative or other society, association, trust, agency, institution, organization, union, factory or such other establishments as the appropriate Government may, from time to time, notify.
The Government had notified the Maternity Benefit (Amendment) Act, 2017 on March 28, 2017 and the provisions of the Amendment Act came into force from April 1, 2017. Keeping in view queries received from various quarters, the Ministry of Labour & Employment, on April 12, 2017, had issued certain clarifications on various provisions of Amendment Act.
An appeal filed by an employee against his employer was disposed of, by holding that the employer cannot claim the benefits of an Ex Gratia scheme introduced by the employer, without complying with the conditions incorporated under the said scheme.
L&E Global’s 2017 Global Handbook | Employees vs Independent Contractors