A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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This number is quite good when you compare it with pre-lockdown statistics. From the CMIE reports, the unemployment rate stood at 8.41% in the week ending March 22. This was 3 days before the lockdown was implemented in India.

Now, when you compare the two numbers, you can observe that our current situation seems to get back on track. But this percentage lacks a ground report fact of the unemployment in the country

According to analysts, the improvement is largely due to the casual activities and low-wage workers. These workers are either self-employed or could find such jobs which require them for less number of days on a particular location.

Looking at the ground reports and conversing with such people, we found that 75% of people in the labor market are in non-wage work. Such workers earn their livelihood through self-employment, including agricultural work, industrial work, and casual jobs.

Subsequently, this has increased the requirements of wage workers under the rural employment guarantee scheme has gone up in the last week of May. More and more people are coming out of their native places to find a solution to their unemployment.

Not only does the low and medium level workforces are affected, but our urban employment has also been compromised. According to CMIE, the urban unemployment rate stood at 13.1% which is higher than our rural and the overall unemployment rate.

Recently, the Indian government allowed tech companies to work with 33% of staff in offices. This decision, at first, was glanced a perfect solution to tackle the pandemic growth. But later on, it proved to be one of the biggest mistakes of the IT sector.

Several IT companies including Infosys, SAP Labs, TCS, and Wipro resumed operations across offices in a phased manner, sending a few employees to work from office locations. This decision downsized the workforce and several individuals faced salary cuts during the lockdown.

Unemployment Allowance In India

To tackle this urgency of unemployment, the government of India is helping our work environment. Many new schemes have been introduced and new messages have been circulated all over the country.

Many states have started giving out allowances to the unemployed workforce. The Punjab government recently introduced a new scheme under which an allowance of 50% of an insured worker’s daily average earnings is given out to their state workers.

These workers are required to have paid contributions to a certain project for at least 3 years. During the time of their unemployment, free medical care is also provided to the beneficiary and their dependents.

Punjab chief minister Capt. Amarinder Singh has assured all the Punjab citizens that no individual will be forced to hunger due to low family income. Till now, 5 job fairs have been organized in the state at a total cost of over Rs 5 crore.

Adding to the right direction of the Punjab state, many other governments including the state of Orissa, Madhya Pradesh, Delhi, Assam, and West Bengal have started developing a COVID-19 questionnaire.

This questionnaire is presented to all the Deputy Commissioners and the District Bureaus of Employment and Enterprise (DBEE) to find a prominent solution to this major unemployment issue in their respective states.

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COVID-19 is still prevalent in many countries around the globe, and it seems to have a long-lasting impact on economies of many nations. In the wake of COVID-19 lockdown there are number of employment-related issues faced by both employees and employers. Everyone is interested to safeguard their economic interests. There are many questions about what are the rights and obligations of employers and employees during the time of this lockdown and social distancing. Read on to know more. 

Salaries during Coronavirus Pandemic

An often asked question during this time is, whether employers have a continued obligation to pay salaries or not. As per government, if an employer can afford to pay salaries at the same rate they’ve been doing before lockdown, then they should do so. However, it is also true that for most employers it will be not viable to continue paying salaries because of the nature of the industry. In this case, it is advisable for both parties to decide mutually and come up with a solution. However, any reduction in salaries has to be as per minimum guarantees provided under the law. But as per latest development, some states are looking to suspend minimum pay legislation to help companies recover coronavirus losses. More clarity on this is expected to come in a couple of days.

Also Read: What to do if employer does not pay salary on time

Like we said, it depends on the kind of industry. If an organization can continue rendering services and its employers can work from home, then this way both parties will have to bear losses.

Termination during Coronavirus Pandemic

As mentioned above, termination or layoffs should be avoided as much as possible. And it is advisable to mutually decide the course of action. However, in extreme circumstances employers are permitted to terminate employees. But in order to do so, they would need to follow the mandates provided by law for these actions. 

Insurance Obligations during Covid-19

In the wake of COVID-19 situation, the government has extended the contribution period towards Employees State Insurance or ESI. From March, 2020, a relaxation has been given by government that instead of the usual 15 days’ time period for depositing the ESI Contributions, a more relaxed time period of 45 days is provided. Also, employees have been assured that they will be able to use their Insurance entitlements, even if the illness or death has happened due to COVID-19. The Life Insurance Council of India (LIC), by a press release, has confirmed that all COVID-19 related death claims shall be honored. Similarly, the government has also stated clearly that employees shall be entitled to use their ESI Contribution entitlements for illness or death caused due to COVID-19.

Work from Home option during Coronavirus Pandemic

Following the spread of epidemic, to ensure social distancing norms – all commercial and industrial establishments which are not engaged in giving essential services were instructed to be closed. However, wherever possible employers have a right to ask employees to Work from Home. But remote working environments has their own risks. Employers may end up giving personal access to the Confidential Data and Trade-related secrets of the company. Hence it goes without saying that all clauses of maintaining confidentiality of company data would be strictly applied to all employees who are working from home.

It goes without saying that during this difficult time, as a moral obligation, we all should do whatever is in the favor of humanity and working ethics. We will keep you posted with latest developments of government in this regards.

Hope we Answered Rights of Employees & Employers during Coronavirus Pandemic

Read About : IndiGo announces salary cuts for top management from May amid coronavirus lockdown

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There are various categories that can be covered under the purview of harassment at workplace against the employees due to which the employees have to suffer humiliation & Mental Torture (Mental Harassment) and are often exploited by their respective supervisors.

These are the key area of focus in this article. So far there are only some State laws which deal with Mental harassment, however, there have been a persistent call for framing national law on Mental harassment.

The most vulnerable to this plight are the subordinates in offices. This is a scenario in private as well as public sector. Most of the bullying is done by seniors, hierarchy plays a key role. To achieve targets supervisors have to force the employees to labor hard especially the young workers have to face most of the harassment due to higher expectations. Bullying and harassment at workplace lead to terrible effect on the health and well being and performance of the employees. In India, there is no special legislation against bullying at workplace.

Non- Sexual Harassment– Majority of the people believe in the common notion that harassment at workplace can be sexual only. But this is not the case in reality as the following different types can be categorized under types of Non-Sexual Harassment.

1. Harassment on the basis of- Race, Sex, Religion and National Origin.
2. Harassment on the basis of age.
3. Harassment on the basis of disability.
4. Defamation- To defame is to damage the reputation or image of the person
5. Criminal History- An employee may be harassed for his previous criminal record, whose penalty he has already suffered.
6. Citizenship Status- A person belonging to a different nationality may become subject to harassment.
7. Racial Harassment- Discrimination on the basis of race.
8. Harassment due to different Political Beliefs- Though minor issue but can lead to harassment of the employee by the employer or fellow employees.
9. Sexual Orientation and Marital Status.
10. Stalking.

Examples include leaving repeated or alarming messages on voice mail or e-mail, following people home, or approaching co-workers to ask for personal information.

11. Hostile Workplace Harassment.
12. Bullying by the supervisor.

Laws against harassment
Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.

1. HARASSMENT BY DEDUCTION OF UNREASONABLE WAGES BY EMPLOYER

Payment of Wages Act, 1936 is intended to be a remedy against the unreasonable and unauthorized deductions made by the ‘Employer’ or unjustified delay in payment of wages.

Section 5 of the Act specifies the Time of payment of wages- Timely payment of wages should be made. If manpower is less than 1000, then 7^th day of the month and if more than 1000, then 10^th day of the month.

Section 7-13 defines the Deductions- No unreasonable and unauthorized deductions should be made from the wages.

2. HARASSMENT BY SEX DISCRIMINATION

Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976  it is the duty of the employer that every employee should receive same remuneration for similar nature of work.

3. HARASSMENT BY DEFAMATION

Section 499 of the IPC defines the Defamation if it is a Criminal Wrong. Otherwise in civil cases defamation can be included under the Law of Torts.

4. HARASSMENT BY UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENTS

Dismissal Regulation

Industrial Disputes Act 1947

Chapter 5A: LAY OFF AND RETRENCHMENT

This Chapter lays down that a 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience.

5. DISCRIMINATION ON GROUNDS OF PREGNANCY AND DISABILITY

According to Maternity Benefit Act, 1961 it is unlawful and unauthorized on the part of the lawyer to discharge or dismiss women when she absents herself from work within the provision of this act.

Section 24A of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 guarantees no discrimination in employment.

10 signs that you’re being bullied at work

Others in your work group are receiving preferential treatment top projects, travel perks and free time. Meanwhile, you find that most of your requests along the same lines are denied without reasonable explanation.

Your progress goes unseen
Say you’ve been given a directive with certain objectives, an ultimate goal and a deadline. You work hard and with focus only to find out, that suddenly there’s a change in direction on the project. Your progress is not celebrated or applied to the new project, but not even taken into account.

All your decisions are questioned
So you are constantly bombarded by excessive micro-managing? You don’t feel like your intuition or decisions are being trusted, and you can’t explain why.Your boss and others hover over you much more than telling you what to do (and what not to do). You get the sense that you are wrongly perceived as incompetent and your decision-making capability is greatly reduced as a result.

You are socially alienated
All of a sudden, you’re excluded from meetings you once attended. Your colleagues tend to discuss work prior to your arrival and you are left with absolutely no clue what to do. Besides, you are not marked on important mails. Co-workers tend to avoid you and keep interaction to a minimum. You may also find that you’re no longer invited to post work drinks with your teammates.

You often feel targeted
Often, when you make a comment, suggestion or disagree with someone’s opinion, you’re responded to with a plethora of responses by others. It doesn’t matter whether you’re right -the gang mentality is determined to prove you wrong.

Your health is failing
Mentally, you’re drained and your energy is zapped. You’re sleeping more and getting out of bed is a real task for you. Exercising and socialising with your folks is a chore. Bullying can lead to depression, anxiety, panic attacks and mood swings. There are physical symptoms such as increased blood pressure, rapid heart beat, and loss of appetite (or excessive eating).

Have experienced verbal spat
You’re subjected to negative, abusive language -reprimanded often in front of the entire office. Verbal abuse can also be more subtle than loud insults.You may find that you are being joked around with in a way that makes you feel uncomfortable and small, and that too can be verbal bullying.

Your work is publicly diminished
Your dedication to your job is not acknowledged by your boss or they give credit to others (for your hard work) in a public setting such as a meeting.

Face unnecessary criticism
It seems that in the eyes of your boss, you are ineffective and unprofessional. Feedback is always provided in the form of criticism and delivered in a way to make you feel awful about yourself. There’s no effort to provide guidance.

Presented unreasonable obstacles
So does the boss man purposely throw roadblocks in front of you to prevent you from successfully completing a project? Now, this is a major act of bullying.

CONCLUSION

Thus we see that Indian Labour Laws not only takes Sexual Harassment, Mental Harassment At Workplace into consideration  but also all other types of harassment that can happen at the workplace as stated above. Certain acts have been laid down by the government governing every issue to protect the interest of the employees and workmen in almost every sector of the industry.

Still, in India a worker can seek redressal under different provisions provided under the constitution of India, IPC, and C.P.C. The Indian Constitution under various articles provides labor rights. Though not in evident form but indirectly various articles protect the labour rights. For instance, Article 14 of the Indian Constitution lays down the concept of Equality before law. In the case of Mewa Ram v. A.I.I. Medical Science , the Supreme Court, held that.

“the doctrine of ‘equal pay for equal work’ is not an abstract doctrine. Equality must be among equals, unequal people cannot claim equality.”

Indian constitution through various articles21, 23, 24, 38, 39, 39-A, 41, 42, 43, 43-A and 47 provides an idea of what conditions should be provided by the employers.However, some of these articles do not have binding effect which at instances hinders justice. Part 4 of the constitution talks about the duty of the state to promote social welfare and to make effective provisions for securing the right to work, providing education and public assistance in cases of employment, etc., which is subject to limits of its economic capacity, to make special provisions for just and humane condition of work and for maternity relief, etc.

In the case of Consumer Education and Research Centre v. Union of India.

“Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, in the Preamble and Arts.38 and 39 of the Constitution.”

Hope we answered on how to deal when Facing Mental Harassment from Boss at Workplace

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What to do if employer does not pay salary on time:

Employer must pay interest if salary is delayed: HC

The employer must pay a reasonable interest if a payment, due to the employee, is made late, the Bombay High Court has held.

Whether the service contract of the employee provides for payment of interest is immaterial, said the division bench of Justices Anoop Mohta and C L Pangarkar.

Petitioner Yuvraj N Rodye was working with the Maharashtra State Electricity Board since 1975.

In 1989, Royde became entitled for arrears of salary from August 1975 onwards.

However, for no justifiable reason, the payment was delayed. It was only in September 1994 that he was told to collect his dues.

He received the amount, but applied for getting interest for the period of delay.

It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble. However, the knowledge regarding the same is not available in public domain and lawyer’s advice come costly.

There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer  who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labour laws that deal with the issues of non-payment of wages or salary.

India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.

Let’s see what the Payment of Wages Act has to say in this matter.

Section 4 of the payment of wages Act states – 

Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

Monthly Salary Distribution Requirements:

• A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.
• A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.
• If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.

What steps can be taken by employee:

If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

• An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
• When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
• In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
• The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
• If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.

You may also Like : How to Sue an Employer for Wrongful Termination ?

Labour Court Time Line:

Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit. These are few things on What to do if employer does not pay salary on time

What about executives, managers and those who earn above INR 18,000 a month?

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort. However, many lawyers are quick to jump to this. Before opting for this, ask your lawyer to exhaust other means.

What if company is not paying with a fraudulent or dishonest intent?

If an employee is affected by the company’s fraudulent activities, then he may seek some strong actions.

The following remedies would be available in such cases:

Employer Fraud Punishment:

• Section 447 of Companies Act, 2013 lays down punishment for fraud.
• Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.
• Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.
• Subsequent measures can be taken under Section 447 of the Act.
• An employee can also file a criminal case against the company under Indian Penal Code.

First Step To recover unpaid salary

Step 1: We strongly recommend sending a legal notice enumerating all the actions that you may take from a credible lawyer. Before going to a lawyer, ensure that they have some track record in doing such work.

Step 2: If this does not work, approaching police for a cheating case, where there is enough evidence for such fraud, is critical. At this stage, it is important to prepare a detailed case file to give to police, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. This is where a good lawyer can make a lot of difference.

Step 3: Where criminal case is not an option, or does not produce results, we recommend going for a summary suit or labour court, as the case may be. In our experience of handling such matters in large numbers, we can say that not more than 10% of such disputes need to go to this stage if the matter was handled well in earlier stages. Challenge is that lawyers are more comfortable and earns more money at this stage, so if they don’t have your interest in mind they might hurry to this stage.

Important things to keep in mind when you are trying to recover your unpaid salary

The notice is a very important psychological tool, and getting the salary in less time is a psychological game. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. However, only a few lawyers do this kind of work because it may not be very profitable for them.

There are many cases in India where employer does not pay salary for a month or couple of months and easily get away with the same. A good example is of Kingfisher Airlines. When it shut down its operations, many workers were not paid their dues.

Hope we were able to answer the question What to do if employer does not pay salary on time

Complete story : Employer must pay interest if salary is delayed: Bombay HC

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How do you put a giraffe into a refrigerator?

The correct answer is: Open the refrigerator, put in the giraffe and close the door.

This question tests whether you tend to do simple things in an overly complicated way.

IQ Test Question 2

How do you put an elephant into a refrigerator?

The wrong answer is: Open the refrigerator, put in the elephant and close the door.

The correct answer is: Open the refrigerator, take out the giraffe, put in the elephant and close the door.

This tests your ability to think through the repercussions of your actions.

IQ Test Question 3

The Lion King is hosting an animal conference, all the animals attend except one. Which animal does not attend?

The correct answer is: The Elephant. The Elephant is in the refrigerator.

This tests your memory.

OK, even if you did not answer the first three questions, correctly, you still have one more opportunity to show your abilities.

IQ Test Question 4

There is a broad, deep river you must cross. But it is inhabited by hungry crocodiles. How do you manage it?

The correct answer is: You swim across. All the Crocodiles are attending the Animal Meeting!

This tests whether you learn quickly from your mistakes.

According to a Leading Management Consulting firm, around 90% of the management professionals they tested got all 4 questions wrong.

This conclusively disproves the theory that most management professionals have the brains of a four year old.

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As an employer or an employee, you have specific obligations to uphold your employment contract. Even if the contract is verbally implied, both employer and employee are bound by that contract. It can be difficult to get out of an employment contract, but there are ways it can be legally done, which saves you from facing a potential lawsuit for breaching the contract.

No, employment bond is not enforceable.

Many people think it is contract and parties are abide by it. But section 27 of indian contract act 1872 says something different.

Employment bonds are employment agreements with negative covenant. Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation. The Indian courts have held that in the event of a breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of expenditure was borne by the employer. Indian law mandates the employment bonds to be “reasonable” in order to be valid. The term reasonable remains undefined anywhere in the Indian law and therefore the courts have given meaning to “reasonable” depending upon the facts and circumstances of the cases. The proposition which has emerged till now is that conditions stipulated in the contract should be necessary to protect the interest of the employer and compensate the loss caused by breach of contract. Additionally, the penalty or compulsory employment period stipulated should not exorbitant.

How to Challenge the enforceability of Employment Bond?

The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.

As per the Section 27, any terms and conditions of an agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid under the Indian law, The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of time.

For an employment bond to be valid under Indian law, it has to be proved that it is necessary for the freedom of trade. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. If an agreement is challenged on the grounds of violating the provision relating to restraint of trade, the onus is on the party supporting the contract to show that restraint is reasonably necessary to protect his interests.

Following are the requirements of a valid employment bond agreement.

1. The agreement must be signed by the parties with free consent.
2. The conditions stipulated must be reasonable and:

• The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer.

1. The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable.

Remedies Available to Employer and Employee

If an employment bond is breached, the employer might be entitled to compensation. The compensation awarded should be reasonable to compensate the loss and should not exceed the penalty, if any stipulated in the contract. The court computes the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all facts and circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full; the courts shall determine the reasonable amount of compensation to be paid. One interesting question arises, whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor or another employer? The Supreme Court while dealing with a similar situation has held that specific performance action cannot be sought for breach of contract of personal service or bond and therefore employer shall not be entitled for reinstatement of their employees as relief in the event of breach of bond. We have witnessed the trend that courts are not willing to grant an injunction against the employees restricting their employment with another employer unless it is necessary for the protection of proprietary interests or trade secrets of the employer.

The court considers the actual expenses incurred by the employer, the period of service by the employee, the conditions stipulated in the contract to determine the loss incurred by the employer to arrive at reasonable compensation amount.

The post How To Break The Contract Of Employment ? first appeared on Rightsofemployees.com.

The rules for encashment of leave shall cover all regular employees of the company, excluding those on deputation from Government / other organizations and company employees on deputation to others.

The authorities who are Competent to sanction leave shall be the sanctioning authority for approving encashment of leave under these rules.

Encashment Benifits:

1.  The encashment of leave shall be regulated on the basis of the last pay drawn which includes basic pay, dearness allowance, personal pay.

2.  The encashment benefit shall not be reckoned as Wage / Salary while working out overtime, Gratuity, Provident Fund, bonus under the Bonus Act, etc.

Clarification:

1.  The leave to be encashment under these rules would be Earned Leave only and not any other kind of leave.

The encashment benefit will be regulated on the basis of the last pay drawn which should be the monthly
rate of pay of the employee immediately before proceeding on leave. A month will generally a calendar
month of 30 days.

Illustration :

Last pay drawn X no. of days for which encashment allowed                                           ________________________________________________                                                                                                             30

ELIGIBILITY:

WHILE IN SERVICE

1.  Earned leave standing to the credit of an employee may be encashed at his option only once in a calendar year provided that the quantum of leave to be encashed in each case is not more than 50% of the Earned Leave at credit or 30 days earned leave whichever is less.
2. An employee who is released on acceptance of his/her resignation shall be allowed encashment of Earned Leave standing to his/her credit as on the date of release, after adjusting the notice period not served if any.
3.  The trainees are allowed to encash unavailed Leave with Full Stipend at the time of completion of their training. In calculating the period of Leave with Full Stipend, all holidays and off-days whether occuring during or end of the period shall be excluded.

ON DISMISSAL OR REMOVAL :

The encashment of leave will not be admissible on dismissal or removal from service of an employee. In case of termination simplicitor, an employee will be eligible for encashment of earned leave as per rules above.

ON RETRENCHMENT:

The employee shall be paid leave salary in lieu of earned leave due to him.

ON RETIREMENT:

If any leave due to an employee is not utilised, he shall be allowed to encash the unavailed portion of the earned leave.

ON DEATH :

The leave salary in respect of earned leave standing to the credit shall be paid to the nominee(s) declared for receiving the Provident Fund and Gratuity or in the absence of nominee to his legal heir(s).

PROCEDURE :

For leave encashment under rule-while in service, an employee shall be required to apply in writing to the sanctioning authority. In all other cases it shall be settled by appropriate authority.

Tax on Leave Encashment:

Government Employee: The entire amount received as leave encashment is tax free.

Non Government Employee:

The leave encashment for private sector employees is stated in Section 10 (10AA) and is minimum of the following 4 factors:

1. Amount received as leave encashment
2. Maximum cap as stated by government – Rs 3 Lakhs
3. Last 10 months average basic salary & dearness allowance before leaving the job
4. Cash equivalent of the leave balance, subject to maximum of 30 days for each completed year of service

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Here is how to register a PF related complain online:

1) Visit EPFO’s website epfigms.gov.in. Click on “Register Grievance” on the top menu bar.

2) A new page will open. Please select the appropriate status from the drop-down menu.

3) Enter details like PF number, name of the office to which the grievance pertains, name of your company and address of your company.

4) Now enter your personal details like name, address, mobile number and email id.

5) In the third section, select the category of complain from the drop-down menu and describe your grievance within 5000 characters.

6) You can also attach PDF documents relating to your grievance. Enter the captcha shown on the screen and submit your grievance.

7) On successful submission of your complaint, a registration number will be generated. Record the registration number for future reference.

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It is not the constitution of the establishment as to whether it is a public limited company, private limited company, cooperative society, partnership or proprietory form that decides the working hours, leaves and other service conditions of the employees but it is the labour laws applicable to the kind of business being transacted that decides these matters.

Different Acts have set out different rules pertaining to hours of work and the spread over of work with slight changes as applicable to the respective state. Shops and Establishments Act being a state Act is confined only to that state whereas the other Acts are central Acts and will be similar in many respect subject to state rules attached thereto.

Laws Lined Up for 2018                   

Enhancement of the gratuity ceiling: The Payment of Gratuity Act, 1972 (“Gratuity Act”) entitles employees who have been in continuous employment for a period of 5 years to gratuity at the rate of 15 days wages for every year of continuous service, capped at INR 10,00,000. The Payment of Gratuity (Amendment) Bill, 2017 (“Gratuity Bill”) was introduced in the Lower house of Parliament (Lok Sabha) on December 18, 2017 with a view to allow the Government the discretion to (i) prescribe the gratuity ceiling, and (ii) the period of maternity leave that would deemed to constitute continuous service.  It is anticipated that the Gratuity Bill will be passed by the Lower house in the next session of Parliament and that the ceiling is likely to be enhanced from INR 10,00,000 to INR 20,00,000.

Consolidation of Labour Laws: As part of its election manifesto, the current Government had promised to review the Indian employment laws to reduce the multiplicity of employment legislations and keep the legislations in sync with the requirements of the evolving labour market. In furtherance of the same, the Government has sought to consolidate 44 central employment laws into 4 labour codes:

1. Labour Code on Industrial Relations — Consolidating the Industrial Disputes Act, 1947, the Industrial Employment (Standing Orders) Act, 1946 and the Trade Unions Act, 1926;
2. Labour Code on Social Security and Welfare — Consolidating social security laws such as the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the Employees State Insurance Act, 1948, Maternity Benefit Act, 1961, the Employees Compensation Act, 1923, etc.;
3. Code on Wages — Consolidating the Minimum Wages Act, 1949, the Payment of Wages Act, 1936, Payment of Bonus Act, 1965 and Equal Remuneration Act, 1976; and
4. Labour Code on Occupational Safety, Health & Working Conditions.

The code that is likely to come into effect soon is the Code of Wages, 2017 (“Wage Code”). It is anticipated that the Government was working towards having the Wage Code passed in the lower house (Lok Sabha) of Parliament in the budget session and this might be taken up in the next session of Parliament.

National Employment Policy: The Government of India has proposed the introduction of a National Employment Policy to address the growing rate of unemployment in India. The proposed aim of the National Employment Policy is to create a comprehensive action plan to ensure that quality jobs are created across various sectors. It appears that this would be done by incentivizing employers to hire, by allowing relaxations in employment law compliances or bearing a part of the cost for social security payments.

LGBTIQ Rights: The Supreme Court of India, in its landmark judgment in August 2017, observed that the right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Indian Constitution. Further, the Supreme Court on January 8, 2018, stated that it would review its position on Section 377 of the Indian Penal Code, 1860, i.e., the criminalization of sexual intercourse between consenting adults of the same sex. With respect to transgender persons, the Transgender Persons (Protection of Rights) Bill, 2016, inter alia, seeks to prohibit the discrimination of transgender persons in terms of employment, healthcare services and access to facilities.

Law Governing Factories: Amendments to the Factories Act, 1948, has been in the pipeline for the past two years. The amendments are primarily aimed at allowing the state government to increase the number of overtime hours that employees can work and prescribe rules in relation to exemptions that could be given to various categories of employees. These measures would allow flexibility to State Governments to undertake initiatives to encourage the development of industries.

Changes to the Law on Contract Labour: The Government has released a draft bill for the amendment of the law governing the engagement of contract labour in India – the Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA”). The bill primarily intends to exclude workers who are regularly employed in the establishment of the contractor from the definition of the term ‘contract labour’ for the purposes of the CLRA.

2018 Budget Proposals to Provident Fund Contributions: The Finance Minister in his 2018 Budget speech has proposed that the Government will make provident fund contributions of 12 percent of wages for new employees for a period of three years and reduce the mandatory contribution limit from 12 percent to 8 percent for women employees for the first three years of employment. We would, however, have to wait for amendments to be made to the Employees Provident Funds and Miscellaneous Provisions Act, 1952, and allied schemes, to understand the manner in which these proposals will be implemented.

Most Indian employment laws were drafted primarily for traditional models of workforce engagement in sectors such as manufacturing and infrastructure. These laws are failing to keep pace with the needs of new and emerging sectors that are driven by cutting edge technology, increased automation and creative forms of workforce engagement, including gig/on-call working. While the above reforms are much needed, standing at the threshold of the artificial intelligence revolution, India needs to relook at its employment laws to ensure that businesses are not constrained, innovation and entrepreneurship are encouraged and employee rights are not compromised.

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Wrongful termination is one the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination, but are completely unaware of the correct legal course against it. Before considering about taking an action against the employer, you need to establish whether the termination was wrongful or not.

Wrongful termination is difficult to prove, because most states have an “at will” policy when it comes to employment. Under this policy, either the employee or the employer may terminate employment at any time without consequence. However, there are illegal reasons to terminate an employee. Winning a wrongful termination suit requires that you produce sufficient facts that you were terminated illegally.

If you are considering suing your employer for wrongful termination, you should first consult an employment attorney. Below are a few steps towards filing a successful claim:

Determine whether you are an at-will employee;

Review your employment contract, which should give your insight on what type of employee you are, for what reasons you may fired, and the steps you need to take to file a complaint;

File a complaint with your human resources department; and

If your filed complaint does not turn out in your favour, speak with your attorney who, if need be, will be able to push forward with your claim.

What can you do?

Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution. If you are not satisfied with the response, you can file a court case.
In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.

If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. You can use this information even while discussing the matter with the HR team.

Looking toward the future, practice answering interview questions about the termination, and gather references from contacts to bolster your candidacy for jobs. Don’t let this reversal stand in the way of your success.

The post How to Sue an Employer for Wrongful Termination ? first appeared on Rightsofemployees.com.

Even though companies across the world are coming up with people friendly policies, there is always a small section of employees who like to take   advantage of the same. Often employees leave organizations without serving notice in the lure of better chances elsewhere. But this is only a short term advantage. Barring some countries, most good organizations require a ”service or relieving certificate” as proof of employment.

The signed and   stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical   organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

You can leave the job by either giving notice or payment in lieu of notice.The Company’s policies and procedures are the supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of constitution of India. Hence company cannot threaten you by showing this clause. The Company cannot force you to serve the entire notice period.

Also Read:

• How to file Income Tax Returns ( ITR )?

• EPF v/s PPF v/s VPF: Which One is Better?

• HRA Exemption Rules

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Where to access PF statement from
At the end of the financial year, the employer shares the PF statement with the employees after receiving them from the Employees’ Provident Fund Organisation (EPFO). Even employees of un-exempted organisations can view it by accessing www.epfindia.com or by clicking here. For employees of exempted organisations, the PF statement is made available by the employer generally though the company’s Intranet. The provident fund for the former is managed by a private trust while the latter is managed by the EPFO itself.

Here are few important things that are shown in a PF statement:

Basic details: The PF statement carries the name and address of the establishment along with the establishment ID. You will also find details such as the name of the employee, date of birth, date of joining the organisation, and so on.

PF Account number: The first thing to check on your PF statement is your PF number. For an un-exempted organisation, the PF number is an alphanumeric representing the state, regional office, establishment, and the PF member code. The PF account number is represented differently for exempted organisation and is completely numeric.

Here’s a sample PF number (un-exempted organisation) and what it shows:
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Sample PF number: MH BAN 0057885 000 0000691

* MH represents the state, i.e., Maharashtra

* BAN represents the regional office, i.e., Bandra

* The next 7 numbers, i.e., 0057885 represents the establishment ID

* The next 3 numbers are establishment extension ID. It can be 000 if no extension is provided.

* The last 7 numbers, i.e., 0000691 represents the member (employee) ID.

UAN number: Unlike the PF account number that is generated every time the employee joins a new organisation, universal account number (UAN) is a unique 12 digit number and is mandatory for all employees to have it. All PF numbers, i.e., member IDs will get linked to the UAN. On switching jobs, furnish the UAN to your new employer which helps in managing the PF account better.

Opening balance: The statement will show the opening balance under both the employee – employer columns. The opening balance represents the total of contributions (employee and employer columns) plus the interest earned in the previous financial year.

Monthly contributions: The PF statement/passbook will show the break-up of employee’s and the employer’s month-wise contribution in rupees. The portion that goes towards EPS (Employees’ Pension Scheme) is also shown separately. Even though both employee and employer contribute 12 percent equally, the contributions are not same. Click
here to know why.

Voluntary Provident Fund: An employee is allowed to contribute more than the mandatory 12 percent towards PF, which is shown under the ‘Voluntary Provident Fund’ column. The employee’s voluntary contributions are shown separately. Remember, the employer is not supposed to match VPF contribution and thus may show no figure.

Interest: The interest earned on the employee’s and the employer’s contributions are credited to the PF account once a year. The interest earned is calculated on the monthly running balances in the account. The PF statement will carry the interest rate on which the calculations are based upon as declared by the government.

Withdrawals: Any withdrawals that you have made during the year will also be shown and accounted for accordingly. Click here to know, under which circumstances one can ask for an advance from the EPFO.

Closing balance: The closing balance will represent the total of employee contributions plus interest earned and the total of employer contributions plus interest earned. Such balances will become the opening balance for the next financial year.

epf withdrwal rules

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Relatively unknown to many zero FIR is a step was taken in the right direction by the government, where it went out of the box to make the laws of the country more flexible and convenient to the people

What is zero FIR?

Zero FIR, in simple terms, means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident.

This is transferred later on to the police station to which the location of the incident is allotted to. So the investigational duties will be handled by the police station to which the case is allotted to.

The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number zero and immediately transfer the documents over to the concerned jurisdiction.

This has somewhat reduced the need for people to travel to the respective jurisdiction back and forth to file a case.

Zero FIR was introduced after the recommendation from the Varma Chatterjee report and led to the amendment of the new criminal law act in 2013.

How did it work?

Before its introduction, the police refused to handle or file cases outside their jurisdiction. This made it uncomfortable for many.

After the introduction of this FIR scheme, the central government has also recommended the state governments to make appropriate changes in their local law’s that they can fully accommodate zero FIR.

This was primarily introduced to reduce the delay in solving/fighting a crime and avoid wasting time which may lead to the offenders fleeing their locations before the law reaches out to them.

Failure by the police officer to file zero FIR will make him, eligible for imprisonment under section 166A. The imprisonment time can range from 6 months to 2 years, depending upon the level of complexity/severity of the committed incident.

How this concept works:

• A crime/offense is committed in a known jurisdiction.
• The victim or his representatives file a case in any jurisdiction that they want.
• After Filing the FIR, the station which makes the FIR transfers it over to the police station under which the crime has been committed.
• Responsibility is fully transferred to the second police station and they start to investigate the case. There may be a situation in which the initial investigation might be carried out by the others if there is any difficulty in transferring the case.

The acceptance of Zero FIR by police stations

The police officer may actually try to divert you to the jurisdiction of the incident, but by law, he is fully capable of accepting the FIR and if he refuses to accept the FIR he will have to face strict actions.

Sometimes the officer may refuse to file an FIR on the ground of suspicion or on the grounds of the case credibility, this is also not permitted by law as it states that an FRI should be filed no matter what.

Similarly, if the person who is trying to file the case is guilty on the same grounds if he raises false claims in the FIR.

With the increasing incidents of Rape, murder and other incidents, it is very necessary for the authorities to take quick and effective action to find out and catch the offenders. This will also help in giving less time for the offenders to destroy any potential evidence which they might do.

A zero FIR helps the police to make swift and immediate action regardless of the jurisdiction.

The impact.

• With the rapid increase in crime rate especially rapes and murder attempts on women, this practice enables them to file cases in any jurisdiction. This is helpful for women who are traveling as they can get to the place where they feel safe rather than trying to look for the nearest police station.
• It has also helped in easing rail passengers, now they can file a case in the very nearest police station without traveling back to the place of the incident.
• It gives an upper hand to the authorities as they can rush to the area of the crime and get eyewitness information as well as evidence.

Like any other rule, this one also has a bad side, now even if the case is transferred to the police station under the jurisdiction, the authorities will act lazy if the offender has influenced them in any manner.

Another disadvantage would be the outcome of the preliminary investigation. This is fundamental to a case and if this is done with regard to the so-called, victim alone, the case will most probably end up being one-sided and biased.

Although this can be avoided to an extent by continuing with the case and a good investigation team, the preliminary investigation still has a great influence on the overall outcome of the offense committed.

Conclusion.

Overall, the concept of Zero FIR and its implementation by the government is a great sign to the country in general. This is helped with crime fighting and empowered women to take the right action against offenders.

It was also implemented in a good manner by the local authorities. But for the law to be more successful, it should be brought to the eyes of the general public, even in 2018 many don’t know what this concept is all about. Legal awareness campaigns can be a great way of letting people know about the new rule.

A suggestion to the rule would be to provide a state wise or district wise committee to assist the police station in finding the credibility of the cases and also to help the victims, get their justice quicker.

Such a committee would also help the respective police station to transfer the cases quicker.

With the advent of some of the most brutal rape cases to date, this law is still not enough to fight of crimes in India. Along with the law for initial investigations, the punishment for such criminal offenses should be stiffened so that attacks on young children and women will reduce.

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Labour welfare fund is a statutory contribution managed by individual state authorities. The state labour welfare board determines the amount and frequency of the contribution. The contribution and periodicity of remittance differs with every state. In some states the periodicity is annual (Andhra Pradesh, Haryana, Karnataka, Tamil Nadu etc) and in some states it is to be contributed during the month of June & December (Gujarat, Madhya Pradesh, Maharashtra etc).

What is Labour Welfare Fund?

Labour welfare is an aid in the form of money or necessities for those in need. It provides facilities to labourers in order to improve their working conditions, provide social security, and raise their standard of living.

To justify the above statement, various state legislatures have enacted an Act exclusively focusing on welfare of the workers, known as the Labour Welfare Fund Act. The Labour Welfare Fund Act incorporates various services, benefits and facilities offered to the employee by the employer. Such facilities are offered by the means of contribution from the employer and the employee. However, the rate of contribution may differ from one state to another.

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When both partners in a relationship work, it can be difficult to balance love with career. Modern romance often means no one is home to make dinner, and quality time can be hard to find. Here are some Ways to Balance Your Career With Your Married Life.

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EPF, VPF and PPF: The Basics

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So what’s the best way to draft salary structures?  To answer this, we’ve put together a table of the common components that make up a salary.  We’ve also added recommended amounts to each component that should assist you in drafting an ideal salary structure.

*Note 1: The PF Employer Contribution also bears additional administrative charges
*Note 2: Feel free to use components like Child Hostel and Child Education; since they are small, we have ignored in our structure

For higher income employees:

• You can use Mobile, Driver Salary, Books and Periodicals and Car Maintenance
• You can set these amounts based on what you think the expenses of that employee would be, keeping in mind the exemption limits for Driver’s Salary and Car Maintenance.

Structuring Salaries is an inevitable task for every HR and Payroll professional. Despite the importance of the activity, professionals are often uninformed of the technical and best practices of a drafting a complete and efficient salary structure.

1) Basic Salary + Dearness allowance

The Basic component is the primary component and the core of the salary structure.  It is usually the largest component of the CTC making up for 40-45% of the total CTC.   The basic plays an important role in defining the salary as other components like Provident Fund, Gratuity and ESIC are dependent on it.

Dearness Allowance (DA) was introduced as part of the salary as a means to reduce the burden of inflation on salaried employees.  This amount is usually set to about 5% of the total CTC and like the Basic component it also has an effect on PF, ESIC etc.

You should keep the following in mind while setting the amounts for Basic and DA:

1. If it’s too high, it will increase the tax liability of the employee since this component is fully taxable. It also affects the liability of the employer since higher contributions would be required for PF, ESIC etc.
2. If it’s too low, then you may not be able to meet the minimum wage norms set by the respective state government. Since minimum wages are updated regularly, you would run the risk of falling below the recommended wage limit.

2) House Rent Allowance (HRA)

The House Rent Allowance, as the name suggests is a component that employees can leverage if they are living in rented accommodations.  The amount that you can claim as tax deduction under HRA cannot be more than 50% of your basic in a metro or 40% of your basic in a non-metro.  Hence, depending on where your workplace is located, this salary component will usually be set at 40% or 50% of the basic salary.

1. When Should Employee declare the amount to get Tax benefit
   At the beginning of new financial year along with your other tax saving plans (like LIC,PPF, Loan , etc), before 25th April’ 2018 employees need to declare their details with their employer for FY 2018-2019.
2. When should Employee submit actual proof to HR     
   
   Usually by the end of the financial year employees need to submit their tax saving documents with their concern HR. Resigned Employee : At the time of Exit employee should ensure to provide their actual tax saving proofs to concern HR before the FnF settlement gets finalised or else excess tax will be recovered from the settlement amount.

3) Leave travel allowance (LTA)

Leave travel allowance (LTA) remunerates employees for their travel within the country.  This component is widely used by employers due to the tax benefits associated with it.  An employee can claim tax benefits for the fare expenses paid for his/her family when they take a holiday.  However, there are restrictions to what you can claim as tax benefits:

1. Only fare expenses are covered: Only the travel fare expenses can be claimed. Stay and food on your trip aren’t covered.
2. Travel must be within India: If you travel to a foreign country, the expenses aren’t tax deductible.  Only travel within the country is covered.
3. What counts as family: Immediate family that are mainly dependant on the employee are covered under LTA.
4. When Should Employee declare the amount to get Tax benefit
   At the beginning of new financial year along with your other tax saving plans (like LIC,PPF, Loan , etc), before 25th April’ 2018 employees need to declare their details under ‘Tax Declaration’ tab enter the Tax Saving Plans for FY 2018-2019.
5. When should Employee submit actual proof to HR 

Usually by the end of the financial year employees need to submit their tax saving documents with their concern HR.Resigned Employee : At the time of Exit employee should ensure to provide their actual tax saving proofs to concern HR before the FnF settlement gets finalised or else excess tax will be recovered from the settlement amount.

4) Conveyance Allowance

Note: With the introduction of standard deduction, exemption on Conveyance allowance has been removed effective April 2018 onwards. Employees don’t need to collect or submit any Conveyance proof.

5) Medical Allowance

Note: With the introduction of standard deduction, exemption on Medical allowance has been removed effective April 2018 onwards. Employees don’t need to collect or submit any Medical proof.

6) Child Education Allowance

This component is paid out towards tuition fees of employees’ children and is tax deductible up to Rs. 100 every month for a maximum of two children. Hence, this amount is usually set to not more than Rs. 2,400 a year for an employee.

1. When Should Employee declare the amount to get Tax benefit
   Provide the count of children to your concern HR, for availing tax benefit on Education Allowance.
2. When should Employee submit actual proof to HR
   Usually by 15th January’ 2019 employees need to submit their tax saving documents with their concern HR.

Resigned Employee : At the time of Exit employee should ensure to provide their actual tax saving proofs to concern HR before the FnF settlement gets finalised or else excess tax will be recovered from the settlement amount.

7) Special Allowance

Special allowance is the balancing component of the salary structure.  It is usually used by organisation as the leftover of the CTC when the rest of the components have been paid out.  This component is fully taxable and is also taken into account for the calculation of Provident Fund.

Deductions:

Deductions are elements of the salary that are part of the CTC but are deducted from the in-hand salary that employees receive. Let’s take a deeper look at some of the most common salary deductions and what they mean.

1) Provident Fund

Provident Fund (PF) is calculated at 12% of Basic + DA + Special Allowance.  The employer and the employee both make an equal contribution of 12% each.  This is applicable to companies who have 20 or more employees on their payroll.   If an employee’s Basic + DA + Special Allowance are less than Rs. 15,000 then it is mandatory for Provident Fund to be deducted.  Other employees can opt out by filling form 11 or can choose to have PF deducted on the ceiling of Rs. 15,000 which would be Rs. 1,800 monthly.

2) Employees State Insurance Corporation (ESIC)

Deductions towards ESIC are mandatory for employees whose gross salary is not more than Rs. 21,000.  It is only applicable in companies where there are 20 or more employees within the Rs.21,000 gross salary bracket.  Employees have to make a contribution of 1.75% of the gross salary and employers have to make a contribution of 4.75% of the gross salary.

3) Professional Tax

Professional tax is the tax levied by Governments of certain states on salaried employees. The states where professional tax is applicable are Karnataka, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Tamil Nadu, Gujarat, Assam, Chhattisgarh, Kerala, Meghalaya, Odisha, Tripura, Madhya Pradesh, and Sikkim.

The amount of profession Tax that is deducted varies from state to state where they are applicable.

4) Labour Welfare Fund

Labour Welfare Fund, as the name suggests, is a contribution made by salaried employees for the benefit of the labour class.  This contribution is applicable in the states of Karnataka, West Bengal, Maharashtra, Andhra Pradesh, Kerala, Goa, Delhi, Punjab, and Haryana & Madhya Pradesh.

The contribution amount varies from state to state and is relatively small. The employer and the employee both make contributions and the employer pays approximately twice the employee contribution. The payments are made semi-annually in the months of June and December.

Like Professional Tax, Labour Welfare Fund contributions also vary from state to state where they are applicable.

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Mediation, one form of alternative dispute resolution (ADR), can be an effective way of resolving a dispute out of court. It is typically limited to civil cases, although some non-violent criminal acts (such as harassment) may be resolved through mediation. Mediation differs from arbitration but they are both alternatives to litigation. This section contains articles providing an overview of mediation, the types of cases that may be mediated, how it works with small claims, and some of its key advantages. Additionally, you can find some answers to common questions about mediation.

TYPES OF MEDIATION

2. Court – Referred Mediation– It applies to cases pending in Court and which the Court would refer for mediation under Section. 89 of the Code of Civil Procedure, 1908.
3. Private Mediation – In private mediation, qualified mediators offer their services on a private, fee-for-service basis to the Court, to members of the public, to members of the commercial sector and also to the governmental sector to resolve disputes through mediation. Private mediation can be used in connection with disputes pending in Court and pre-litigation disputes.

ADVANTAGES OF MEDIATION

• • The parties have control over the mediation in terms of 1) its scope (i.e., the terms of reference or issues can be limited or expanded during the course of the proceedings) and 2) its outcome (i.e., the right to decide whether to settle or not and the terms of the settlement.)

• • Mediation is participative. parties get an opportunity to present their case in their own words and to directly participate in the negotiation.

• • The process is voluntary and any party can opt out of it at any stage if he feels that it is not helping him. the self-determining nature of mediation ensures compliance with the settlement reached.

• • The procedure is speedy, efficient and economical.

• • The procedure is simple and flexible. It can be modified to suit the demands of each case. Flexible scheduling allows parties to carry on with their day-to-day activities.

• • The process is conducted in an informal, cordial and conducive environment.

• • Mediation is a fair process.  the mediator is impartial, neutral and independent. the mediator ensures that pre-existing unequal relationships, if any, between the parties, do not affect the negotiation.

• • • The process is confidential.

  
  
  

  The process facilitates better and effective communication between the parties which is crucial for a creative and meaningful negotiation.

• • Mediation helps to maintain/ improve/ restore relationships between the parties.

• • Mediation always takes into account the long-term and underlying interests of the parties at each stage of the dispute resolution process – in examining alternatives, in generating and evaluating options and finally, in settling the dispute with focus on the present and the future and not on the past. this provides an opportunity to the parties to comprehensively resolve all their differences.

• • In mediation, the focus is on resolving the dispute in a mutually beneficial settlement.

• • A mediation settlement often leads to the settling of related/connected cases between the parties.

• • • Mediation allows creativity in dispute resolution. parties can accept creative and non-conventional remedies which satisfy their underlying and long-term interests, even ignoring their legal entitlements or liabilities.

  
  
  

  When the parties themselves sign the terms of the settlement, satisfying their underlying needs and interests, there will be compliance.

• • Mediation promotes finality.  the disputes are put to rest fully and finally, as there is no scope for any appeal or revision and further litigation.

• • Refund of court fees is permitted as per rules in the case of settlement in a court-referred mediation.

TYPES OF DISPUTES FOR MEDIATION

Judges who refer the cases for settlement through any of the ADR methods are known as referral judges. The role of a Referral Judge is of great significance in court-referred mediation. All cases are not suitable for mediation. Only appropriate cases which are suitable for mediation should be referred for mediation. Success of mediation will depend on the proper selection and reference of only suitable cases by referral judges.

When do you need mediation?

Mediation can be used as an alternative to a court trial in almost all civil cases, regardless of the topic of the dispute or the details of the case. There are, however, a number of factors that make mediation more appropriate for a particular dispute. These factors include:

• A willingness of both parties to participate in mediation
• The need for the parties to find a way to to preserve their relationship
• The potential for a negotiated outcome that satisfies the needs and interests of both parties better than a judge’s decision.

What are the outcomes of mediation?

If the parties can come to an agreement on how to resolve their dispute, the mediator will record the details of the agreement and it will be signed by all parties. At this point, the case is closed and will not proceed to a court trial.

If an agreement cannot be reached, the case will then be prepared for a trial. Mediation may not have completely failed even if the case is not settled, the issues at the heart of the dispute are often clarified which may enable faster proceeding of the court trial.

There are many ways that litigation lawyer can help you resolve your dispute through mediation. A litigation lawyer will represent you during the mediation session as well as help you with a number of things that you need to consider. To get the most out of mediation, you should consider:

• Identifying the core issues and facts that are the source of the conflict
• What is important to you in the resolution of the dispute
• How best to communicate this information to the other party and the mediator
• The possible costs and benefits of a trial if mediation is unsuccessful

At Rose Lawyers, we often encourage our clients to seek mediation rather than a court trial. This is because we have your interests in mind and we know that mediation can save you the time and expense of going to court while still receiving a favourable outcome.

The post Alternative Dispute Resolution (ADR)-Mediation first appeared on Rightsofemployees.com.

To provide social security to more citizens the Government of India has started the National Pension System.

Government of India established Pension Fund Regulatory and Development Authority (PFRDA)– External website that opens in a new window on 10^th October, 2003 to develop and regulate pension sector in the country. The National Pension System (NPS) was launched on 1st January, 2004 with the objective of providing retirement income to all the citizens. NPS aims to institute pension reforms and to inculcate the habit of saving for retirement amongst the citizens.

Initially, NPS was introduced for the new government recruits (except armed forces). With effect from 1^st May, 2009, NPS has been provided for all citizens of the country including the unorganised sector workers on voluntary basis.

Additionally, to encourage people from the unorganised sector to voluntarily save for their retirement the Central Government launched a co-contributory pension scheme, ‘Swavalamban Scheme– External website that opens in a new window‘ in the Union Budget of 2010-11. Under Swavalamban Scheme– External website that opens in a new window, the government will contribute a sum of Rs.1,000 to each eligible NPS subscriber who contributes a minimum of Rs.1,000 and maximum Rs.12,000 per annum. This scheme is presently applicable upto F.Y.2016-17.

NPS offers following important features to help subscriber save for retirement:

• The subscriber will be allotted a unique Permanent Retirement Account Number (PRAN). This unique account number will remain the same for the rest of subscriber’s life. This unique PRAN can be used from any location in India.

PRAN will provide access to two personal accounts:

• • Tier I Account: This is a non-withdrawable account meant for savings for retirement.
  • Tier II Account: This is simply a voluntary savings facility. The subscriber is free to withdraw savings from this account whenever subscriber wishes. No tax benefit is available on this account.

Who can join NPS?

Any individual between the age of 18 and 60 years can open a pension account under NPS through eNPS using one of the following options.

Option 1 – Registration using Aadhaar

✔  You must have an ‘Aadhaar number’ (with a mobile number registered with Aadhaar)

✔  Your KYC in NPS will be done using Aadhaar through One Time Password (OTP) authentication

✔  OTP for the purpose of authentication will be sent to the mobile number registered with the Aadhaar

✔  Your demographic details and photo will be fetched from Aadhaar database and populated in online form

✔  You need to fill up all the mandatory details online

✔  You would be required to upload your scanned signature (in *.jpeg/*.jpg format having file size between 4kb – 12kb) as part of the registration process

✔  In case, you wish to replace the photo obtained from Aadhaar, you may upload a scanned photograph

✔  You will be routed to a payment gateway for making the payment towards your NPS account from Debit/ Credit card or Internet Banking

Option 2 – Registration using PAN (KYC verification by Bank)

✔  You must have a ‘Permanent Account Number’ (PAN)

✔  Bank account with the empanelled Bank for KYC verification for subscriber registration through eNPS

✔  Your KYC verification will be done by the Bank selected by you during the registration process.Name and address provided during registration should match with bank records for KYC verification. If the detail don’t match , the request is liable for rejection.In case of rejection of KYC by the selected Bank, applicant is requested to contact the Bank

✔  You need to fill up all the mandatory details online

✔  You need to upload your scanned photograph and signature in *.jpeg/*.jpg format having file size between 4kb – 12kb

✔  You will be routed to a payment gateway for making the payment towards your NPS account from Internet Banking

  In addition, NRI subscribers should,

✔  Select the Bank Account Status i.e., Non-Repatriable account or Repatriable account

✔  Provide the NRE/NRO bank account details and upload scanned copy of passport

✔  Select the preferred address for communication i.e., Overseas Address or Permanent Address (communication at overseas address would entail extra charges)

After Permanent Retirement Account Number (PRAN) is allotted, subscriber can use one of the following options:

Option 1 – eSign

For Tier I PRANs generated through Aadhaar, you have option to eSign the document by following the below mentioned steps:

✔  Select ‘eSign’ option in the eSign / Print & Courier page

✔  OTP for the purpose of authentication will be sent to your mobile number registered with the Aadhaar

✔  After Authentication of Aadhaar, Registration form will be successfully eSigned

✔  Once a document is eSigned, you need not send the physical copy of form to CRA

✔  eSign charge ₹ 5 plus GST

Option 2 – Print and Courier

✔  Select ‘Print & Courier’ option in the eSign / Print & Courier page

✔  You need to take a printout of the form, paste your photograph (please do not sign across the photograph) & affix signature

✔  You should sign on the block provided for signature

✔  The photograph should not be stapled or clipped to the form

✔  The form should be sent within 90 days from the date of allotment of PRAN to CRA at the following address or else the PRAN will be ‘frozen’ temporarily

• Central Recordkeeping Agency (eNPS)
• NSDL e-Governance Infrastructure Limited,
• 1st Floor, Times Tower,
• Kamala Mills Compound, Senapati Bapat Marg,
• Lower Parel, Mumbai – 400 013

Processing of subsequent contribution:

All existing subscribers (registered through both online and offline mode) can contribute in Tier I & Tier II account using ‘eNPS’. To contribute online, you need to

✔  Have an active Tier I / Tier II account

✔  Authenticate your PRAN using the OTP sent to your registered mobile number

✔  Pay through your Debit / Credit card or use Internet Banking option.

✔  POP Service Charges will be applicable on the contribution amount @ 0.10% (subject to minimum of ₹ 10 and maximum of ₹ 10,000 per transaction). This service charges will not be applicable for subscribers registered in eNPS through Aadhaar

Processing of APY Application:

Any individual between 18 -40 years (39 years 364 days) can initiate opening an Atal Pension Yojana account through eNPS platform using following process:

Registration using Aadhaar

✔  You must have an ‘Aadhaar number’ (with a mobile number registered with Aadhaar)

✔  Select the bank where you have an existing saving bank account

✔  Enter savings bank account number for selected bank

✔  OTP for the purpose of authentication will be sent to the mobile number registered with the Aadhaar

✔  You need to fill up all the mandatory details online

✔  APY PRAN allotment will be subject to verification of details and upload of subscriber registration file by bank.

✔  APY registration through eNPS, first contribution is mandatory. Kindly keep a sufficient balance in your savings bank account to avoid rejection.

eSign the document

Request for APY through Aadhaar, you have to eSign the document by following the below mentioned steps:

✔  Select ‘eSign’ option in the eSign.

✔  OTP for the purpose of authentication will be sent to your mobile number registered with the Aadhaar

✔  After Authentication of Aadhaar, Registration form will be successfully eSigned.

✔  Once a document is eSigned, you need not send the physical copy of form to CRA

✔  eSign charge ₹ 5 plus GST

The post National Pension System first appeared on Rightsofemployees.com.

Filing your income tax return is not as difficult as it may sound. Here is a step by step guide to e-file your income tax return. It is simple, easy and quick

Before we get started, you should have the following documents at hand to pace up the process:


List of Required Documents for e-filing of tax returns

It is always good to stay a step ahead, especially when it comes to tax filing. The checklist provided below will help you to get started with the e-filing of tax returns.

General details:

• Bank account details
• PAN Number

Reporting salary income:

• Rent receipts for claiming HRA
• Form 16
• Pay slips

Reporting House Property income:

• Address of the house property
• Details of the co-owners including their share in the mentioned property and PAN details
• Certificate for home loan interest
• Date when the construction was completed, in case under construction property was purchased
• Name of the tenant and the rental income, in case the property is rented

Reporting capital gains:

• Stock trading statement is required along with purchase details if there are capital gains from selling the shares
• In case a house or property is sold, you must sought sale price, purchase price, details of registration and capital gain details
• Details of mutual fund statement, sale and purchase of equity funds, debt funds, ELSS and SIPs

Reporting other income:

• The income from interest is reported. In case of interest accumulated in savings account, bank account statements are required
• Interest income from tax saving bonds and corporate bonds must be reported
• The income details earned from post office deposit must be reported

STEP 1. Register yourself

To e-file your income tax return, you will have you register on the Income Tax Department’s online tax filing site (incometaxindiaefiling.gov.in). You have to provide your permanent account number (PAN), name and date of birth and choose a password. Your PAN will be your user ID.

STEP 2. Choose how you want to e-file
There are two ways of e-filing your income tax return. One is to go to the download section and select the requisite form, save it on your desktop and fill all the details offline and then upload it back on the site. Or you can choose to fill the form online by selecting the quick e-file option.

STEP 3. Select the requisite form

ITR-1: For individuals earning a salary, pension, or income from property or sources other than lottery.
ITR-2: For those earning capital gains. ITR 2A for those owning more than one house but no capital gains.
ITR 3, 4 and 4S: Professionals and business owners.

STEP 4. Keep the documents ready

Keep your PAN, Form 16, interest statements, TDS certificates, details of investments, insurance and home loans handy. Download Form 26AS, which summarises tax paid against your PAN. You can then validate your tax return with Form 26AS to check your tax liability.

If you earn more than Rs 50 lakh, from this year you will have to fill an additional column —”AL” or assets and liabilities. You will have to disclose the value of your assets and liabilities. Assets have to be declared at cost.

STEP 5. Fill form and upload

If you choose to fill the form offline, after you have downloaded the form and filled all the details, click on ‘generate XML’. Then go to the website again and click on the ‘upload XML’ button. You will have to first log in to upload the XML file saved on desktop and click on submit.

STEP 6. Verify ITR V

On submitting your ITR form, an acknowledgement number is generated. In case the return is submitted using digital signature, you just have to preserve this number. If the return is submitted without a digital signature, an ITR-V is generated and is sent to your registered email ID.

The tax filing process is incomplete and ITR is invalid unless your ITR V is verified. You can electronically verify or mail the signed ITR V to the processing centr ..

The post How to file Income Tax Returns ( ITR )? first appeared on Rightsofemployees.com.

Hiring managers use the job interview to learn as much about the candidate as possible. To do that, they ask lots of questions – including ones that may seem harmless, but are completely illegal.Recruiters with the company’s best interests in mind try to ask you for every detail about yourself that they feel would help them answer it.

However, there are a few questions that are off limits.

In case you didn’t know this, asking questions relating to a candidate’s personal life – age, race, religion, pregnancy etc. – is illegal in technical terms, says Mental Floss. The point is to defend job-seekers against discrimination based on these factors and to help make the recruitment process standardised and more importantly, objective. Take a look at the specific questions that fall in this category.

1. “Are you married?”

Attempting to dig into a candidate’s marital status or plans is utterly unethical, even if the recruiter seems to only be trying to get to know them better. Details of familial nature are by no measure an indicator of one’s professional ability and that is how they should be treated.

2. “Do you have or plan to have children?”

Whether or not one has or plans to have children may affect their personal lives, but as long it does not reflect in their work performance, it’s a detail entirely irrelevant to the recruitment process. A company could well be considered way out of line for enquiring about a candidate’s plans in this regard.

3. “How do you plan to balance your work and family responsibilities?”

This is one question in particular that finds itself strategically inserted into most women’s interviews. Juggling the roles of wife, mother and daughter doesn’t come easy. But questioning an individual’s ability to remain professional owing to these factors, simply because she’s a woman, is not only acutely sexist, but grossly unethical.

4. “How old are you?”

Apart from confirming that a candidate is above 18, this question has no place in an interview because it is in fact against all norms of propriety to discriminate against people above 40 years of age. Asking someone more mature about their age could be a possible indicator of such age-based discrimination.

5. “Do you have any disabilities or health problems?”

If the job you’ve applied to is one that is physically demanding, the interviewer reserves the right to tell you what exactly the job requires of you and then ask whether you can meet those requirements. But any health-related questions outside of this context are considered highly inappropriate.

6. “What are your religious affiliations?”

There should be no religion-related talk in an interview. It’s as simple as that. Religion is a personal choice that you don’t have to, and shouldn’t discuss in a professional setting. Discrimination based on a candidate’s religious tendencies is gravely unethical and if faced by the question, the only appropriate response would be, “I prefer not to discuss my religion, but I can assure you that it will not interfere with my doing this job.”

7. “Have you ever been arrested?”

While an employer is entitled to asking whether or not a candidate has been convicted of a crime, their arrest record is off limits. A candidate is not obligated to discuss their arrest history with a recruiter, though employers often do their own research on candidates and at times uncover incriminating details. In such cases, being upfront about a criminal history may be a good idea to establish that it is a thing of the past.

8. “What country are you from?”

As long as a candidate is authorised to assume employment where the job is located, it should be irrelevant what country they hail from or whether English is your first language. One’s nationality has no reflection in their job performance and this question is illegal for that very reason.

9. “Do you like to drink socially?”

Unlikely to come up in an interview at all, this question has specifically been categorised as illegal in an interview setting to protect those who may answer it with, “No.” It protects the identities of recovering alcoholics, thus defending them against unethical treatment. Additionally, while one may ask whether a candidate is currently using any illegal drugs, it is against the law to ask them when they last used them.

So the next time you walk into an interview, know your rights.

The post Common Interview Questions That Are Against the Law in India first appeared on Rightsofemployees.com.

Taxpayers are usually careful and exercise due diligence while filing income tax (I-T) returns. But sometimes in a rush to file their tax returns within the due date of 31st July (extended to 05th August this year), they end up making mistakes. Some of the common mistakes while filing the (I-T) returns are unclaimed deductions or an income not reported or reported incorrectly. One’s contact details or the bank account given for the refund of taxes could also be wrong. However, if you have filed your return within the due date, then you need not worry as you can revise your return.


A major reason why taxpayers have to revise their returns is that they are not aware of the recent changes in tax rules, which result in incorrect filing of returns. For example, according to the latest tax laws, “this year the taxpayer whose income exceeds Rs 50 lakh per annum had to file a declaration about his/her assets and liabilities. However, only a few taxpayers might have reported this due to their ignorance. In such cases, they still have an opportunity to rectify their mistake by filing a revised return,” says Vaibhav Sankla, Director, H&R Block India.

Who can file revised returns?

Of the many advantages of submitting your I-T returns timely, the most important is that it can be revised. Only those IT returns may be revised which have been filed within the due date. However, “to make your revision process smooth, it’s better not to verify a return – if that has been filed online — you wish to revise. That is because once a return is verified, the Income Tax Department begins processing it. Therefore, correct your errors when you notice them, review your return properly and submit your revised return. You can then verify the revised return,” informs Archit Gupta, founder and CEO, cleartax.com.

So if you notice any error in your tax return after filing it, you better file a revised return correcting the error to avoid any penalty. Income tax laws allow the taxpayers an opportunity to correct the error or omission in their returns by submitting a revised tax return under Section 139(5).

“The provision clearly states that any person who has filed the original tax return on or before the due date can file a revised tax return before the expiry of one year from the end of the relevant assessment year, or before the completion of assessment, whichever is earlier. For example, if a person has filed his original return for the financial year 2015-16 within the due date, then he can file a revised return before March 31, 2018 or before the completion of the assessment of the particular financial year, whichever is earlier,” says Nitin Baijal, Director, BMR & Associates LLP.

One good news is that starting the next AY 2017-18, the Income Tax Department has allowed revision of belated returns (returns which are filed after the due date) as well.

How many times can you revise your return?

Let’s consider an example to understand this. If you have filed your tax return for FY 2015-16 on or before 5th August, 2016, then you can file a revised return any number of times up to 31st March 2018. “Though one can revise one’s tax return any number of times, but the facility should be used sparingly as it may increase the chances of your return being selected for scrutiny, especially if it is resulting in large refunds for you. Revision is allowed only if the omission was unintentional, but if you deliberately file a false return, then you will be liable to be imprisoned under Section 277 and the offence will not be condoned by filing a revised return. Further, you may also have to pay 100 to 300 per cent of tax due as penalty for concealing income,” says Sankla.

According to him, in case the revision of original return results in some taxes payable, you may have to pay the interest under Sections 234C & 234B (levied for non-payment of advance taxes), but you will be saved from the interest under Section 234A (levied for non-filing of tax return within due date). You can pay such interest and taxes through Challan No. 280. Also make sure that you enter the details of such challan in the revised return, else it will be considered a defective return owing to additional tax payable.

How to file a revised return?

For filing the revised return, you will be required to enter the acknowledgement number and the date of filing of the original return in the revised form. If you are filing a revised return more than once, then at first and every subsequent revision you will have to enter the acknowledgement number and the date of filing relating to the original return only. You can file a revised return online or through physical mode.


You can revise a return online only if you have filed the original one online and have the 15-digit acknowledgement number of the original return sent to you by the I-T Department. “Your return can be revised with any of the e-filers, irrespective of whether you filed your original return with them or not. Incorporate the omission in your return, then review and check all the fields, including those where there was no change. If the changes result in a tax due, you must pay this tax before submitting your return,” says Gupta.

Verifying your returns

A revised return filed online must be verified. You can verify it via several methods provided by the IT department including netbanking or Aadhaar OTP (One-time Password). You can also send the physical ITR-V to CPC, Bangalore. However, remember to send the ITR-V of the revised return. ITR-V is sent as an attachment by the I-T Department to your registered email ID after you successfully upload/file your return online.

It is always in your best interest to file your original I-T return with utmost care, avoiding the chances of any error or omission. You can, however, still use the opportunity provided by law to rectify mistakes in your return, if any, before it is too late.

The post Mistake in your Tax Return ? Here’s how to Correct this. first appeared on Rightsofemployees.com.

EPF or employee provident fund withdrawal claims above Rs. 10 lakh don’t have to be filed online. Retirement fund body EPFO or Employees’ Provident Fund Organisation has recently revised some of its rules related to provident fund claims.

The EPFO has nearly six crore subscribers and manages a corpus of about Rs. 10 lakh crore. In a circular dated April 13, EPFO said offline claims will also be accepted in all cases. EPFO subscribers have the option of filing online as well as manual claims for provident fund withdrawals.

EPF Withdrawal – New Rules

“In case the amount of claim settlement is above Rs. 10 lacs for PF claims and Rs. 5 lacs in respect of EPS withdrawal claims, the claim form must be accepted through online mode only,” the retirement fund body said in a circular in February. But in the April 13 circular, EPFO said that this rule will be kept in abeyance.

“Considering the grievances raised by members, this stipulation will be kept in abeyance so that offline claims will also be accepted in all cases,” EPFO said in the April 13 circular.

1) For submitting a withdrawal claim online, subscribers have to first log into EPFO’s member interface using UAN credentials.

2) Select the relevant claim by clicking on the ‘Online Services’ tab.

3) EPFO subscribers can track their claim requests online as well. For this, they can click on the Online Services tab and then ‘Track Claim Status’.

Also Read:

• Delay In PF Claim: How To File A Complaint With EPFO
• How to Sue an Employer for Wrongful Termination ?
• Can Companies Force Employees to Serve Notice Period?
• How to Check Your PF Statemen

The post EPF Withdrawal – New Rules first appeared on Rightsofemployees.com.

They are abandoned. They do not get a chance to step in a school. They are left to fend for themselves on the streets. They suffer from many forms of violence. They do not have access to even primary healthcare. They are subjected to cruel and inhumane treatments every day. They are children – innocent, young and beautiful – who are deprived of their rights.

In the history of human rights, the rights of children are the most ratified. The United Nations Convention on the Rights of the Child (UNCRC) defines Child Rights as the minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics.

These rights encompass freedom of children and their civil rights, family environment, necessary healthcare and welfare, education, leisure and cultural activities and special protection measures. The UNCRC outlines the fundamental human rights that should be afforded to children in four broad classifications that suitably cover all civil, political, social, economic and cultural rights of every child:

Right to Survival

 Right to be born

 Right to minimum standards of food, shelter and clothing

 Right to live with dignity

 Right to health care, to safe drinking water, nutritious food, a clean and safe environment, and information to help them stay healthy

Right to Protection

 Right to be protected from all sorts of violence

 Right to be protected from neglect

 Right to be protected from physical and sexual abuse

 Right to be protected from dangerous drugs Right to Participation

 Right to freedom of opinion

Right to freedom of expression

 Right to freedom of association

 Right to information

 Right to participate in any decision making that involves him/her directly or indirectly Right to Development

 Right to education

 Right to learn

 Right to relax and play

 Right to all forms of development – emotional, mental and physical

Impact of the Convention of the Child Rights

A milestone in the international human rights legislation, the ‘Convention on the Rights of the Child’ has been instrumental in putting all the issues pertaining to children issues on the global as well as national agenda. In addition to this, it has extensively mobilized actions for the realization of the rights and development of children worldwide.

It was not an overnight initiative that resulted in the adoption of the Child Rights. It took several years of movements and activism on shaping favourable, positive and constructive attitudes toward children, and also inciting actions to improve their well-being. The enormous efforts involved toward the implementation of the Convention, the significant amount of resources committed to this cause, and the overall effectiveness of the systems put in place for the execution process have a bearing on the success of child well-being outcomes.

Over the last 20 or so years, implementation of the Convention and its effect on child well-being varied from country to country and from one region of the world to the other. Based on analysis, there has been outstanding progress at a global level in addressing the issues related to children. These include progress in access to services, reaching their fullest potential through education, enactment of laws that upholds the principle of the best interests of child, and child survival.

Though a noteworthy progress has been achieved, yet in developing countries, particularly India, there is still a long way to go in realising the rights of children. Though all the relevant rules and policies are in place, there is a lack in enforcement initiatives. As barriers, there are several factors that forbid effective implementation of the laws. Due to relatively low success in achieving concrete child development outcomes in India, the condition ofunderprivileged kids and underprivileged youth is harsh and needs urgent attention. There is a need to intensify efforts for children welfare at all levels to implement the rules and provisions of the Convention and contribute to create a world suitable for children.

Child Rights and the world

People from across the world striving for social justice have often directed their efforts toward the most vulnerable in society—the children. From Princess Diana’s charitable work on behalf of children to the efforts of activists like Grace Abbott and the youngest Nobel laureate in history—Ms. Malala Yousafzai, these famous children’s right activists have put commendable efforts in helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardees—Ms. Malala Yousafzai and Mr. Kailash Satyarthi have reminded us all of the need to keep on advancing in providing opportunities that has an important effect on all children. The opportunities are meant to be meaningful enough to allow them to learn and gain the mindsets and skills that would empower them to be free, develop themselves, their communities and the world.

Mr. Kailash Satyarthi’s struggle to liberate children from child labour had cost him many life threats, including bullet wounds by those who exploit young boys and girls for economic gain. Wearing flak jackets, and armed with strong determination, he and his team raided many illegal factories and mines to rescue the children who are sold into servitude. It has been 30 years now since he started his movement. A movement that has one clear purpose—no child shall be a slave.

On the other hand, when one thinks of Ms. Malala Yousafzai, the first thing that pops in one’s mind is education. The second is—education for girls. In 2009, when she was just 11, she wrote to BBC about the norm of banning female education under the Taliban regime in the Swat Valley (her hometown). Her article gained tremendous momentum worldwide. She started her fight for the education of girls at that small age and began to speak publicly and to the press, which caused her and her family receive constant death threats.

“I strongly feel that this is a big honour to hundreds of millions of the children who have been deprived of their childhood and freedom and education.” – Mr. Kailash Satyarthi. “I speak not for myself but for those without voice… those who have fought for their rights… their right to live in peace, their right to be treated with dignity, their right to equality of opportunity, their right to be educated.” – Ms. Malala Yousafzai.

The Right to Education

The father of modern education—John Amos Comenius proposed – “all persons should be educated, so we could have peace in the world”. Visionaries of the world understood that peace meant guaranteeing every person certain rights that are conditional for humanity—education being one of the most important.

The addition of the Right to Education (RTE) in the Universal Declaration of Human Rights in 1948 was the beginning of a remarkable expansion of educational opportunities around the world. The parliament of India enacted the Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) on August 2009. The same got enforced on April 1st 2010.

As per the act, education is a fundamental right of every child who is between 6 and 14 years old. The act also states that until the completion of elementary education, no child shall be held back, expelled or required to pass a board examination. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.

As a charity for child rights, Smile Foundation has been providing education to marginalized children in poor rural and urban communities in 25 states of the country. Its flagship programme – Mission Education exemplifies the global struggle for universal education. The programme has succeeded in bringing more than 200,000 children to school since its start in the year 2002.

Underprivileged kids lag at all stages of education. When earning a livelihood and taking care of the members of the family becomes a primary matter of concern in one’s life, education stands a little or, very often, no chance of pursuance. For the millions of underprivileged people in India, education is a high-priced luxury, and this negative outlook continues on with every new generation. Poverty damages childhood with significant effects on a child’s physical and mental health, as well as educational achievement. It limits the expectations of the child’s ability to perform well in school, constantly reminding him/her of the miniscule chance he/she has to overcome adversity and poverty.

With its development interventions that are focused on social welfare of children, Smile Foundation has raised those expectations among the hardest-to-reach children. Recent mark-sheets of the students in all ME centres has shown Smile Foundation primary school students outperforming their peers, with a very high passing rate. Last year, 51% of the total beneficiaries in Mission Education centres across India were girls. Also, 87% of the total eligible students are successfully mainstreamed in private and government schools.

The post Rights of Child in India first appeared on Rightsofemployees.com.

1. Leave is the right of all employees 

Generally, an employee is given the following leaves during the course of his or her employment:

1. 1. Casual Leave: This is provided to an employee to take care of urgent or unseen matters like a family emergency; for example, employees can apply for casual leave to attend a parent-teacher meeting called for by their child’s school.
2. Sick Leave: Sick leave is provided when an employee gets sick.
3. Privilege or Earned Leave: Privilege or earned leaves are long leaves that are planned for in advance.
4. Other Leaves – Apart from the above mentioned leaves, there are some other paid, unpaid or half-paid leaves which are provided at the discretion of the company. Study leave and bereavement leave are two such examples.

Medical Certificate for one-day sick leave

Usually, when a sick leave exceeds beyond two or three days, depending upon the company policy, employees are requested to submit a medical certificate to sanction the leave. However, in the case of one-day sick leave, an employer should not ask for a medical certificate.

In one of its judgements, the Supreme Court mentioned that an employee will not necessarily seek medical attention if he or she is ill for just a day.

Encashment Leave

An employee can take encashment leave while quitting service, superannuation, discharge, dismissal or death. Leave encashment should be as per average daily wages of an employee.

Leave during notice period

An employee can take leave during notice period, provided it is for a genuine reason like maternity, health issues, etc.

The Delhi High Court, in one of its judgement, said that an employee can take leave during the notice period if nothing is mentioned in the appointment letter which bars the employee from taking leave during the notice period, if he has leave to his credit and is entitled to the same.

2. Protection from sexual harassment at the work place

It is the responsibility of the employer to ensure that his/her employees, especially female employees, are protected while at work. All incidents of sexual harassment – regardless of how big or small they are or who is involved – require employers or managers to respond quickly and appropriately. Just because someone does not object to inappropriate behaviour in the workplace, it does not mean that they are consenting to the behaviour.

The employees are provided with the right to go on a strike without giving a notice, however if the said employee is a public utility employee, then he would be bound by the prohibitions laid down in the Industrial Disputes Act 1947, Section 22(1) lays down certain conditions on Strikes by public utility employees, the conditions includes giving out prior notice to the employer six weeks before going on such strike.

9. Right to Equal Pay for Equal Work

Understanding your rights as an employee is the first step.

The post Rights of Employees first appeared on Rightsofemployees.com.

Source:ncib.in

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source:ncib.in

The post Civil Rights in india first appeared on Rightsofemployees.com.

 
 
 
1. Tampering with computer source Documents Sec.65
2. Hacking with computer systems , Data Alteration Sec.66
3. Sending offensive messages through communication service, etc Sec.66A
4. Dishonestly receiving stolen computer resource or communication device Sec.66B
5. Identity theft Sec.66C
6. Cheating by personation by using computer resource Sec.66D
7. Violation of privacy Sec.66E
8. Cyber terrorism Sec.66F
9. Publishing or transmitting obscene material in electronic form Sec .67
10. Publishing or transmitting of material containing sexually explicit act, etc. in electronic form Sec.67A
11. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc.
in electronic form Sec.67B
11. Preservation and Retention of information by intermediaries Sec.67C
12. Powers to issue directions for interception or monitoring or decryption of any information through
any computer resource Sec.69
13. Power to issue directions for blocking for public access of any information through any computer
resource Sec.69A
14. Power to authorize to monitor and collect traffic data or information through any computer resource
for Cyber Security Sec.69B
15. Un-authorized access to protected system Sec.70
16. Penalty for misrepresentation Sec.71
17. Breach of confidentiality and privacy Sec.72
18. Publishing False digital signature certificates Sec.73
19. Publication for fraudulent purpose Sec.74
29. Act to apply for offence or contraventions committed outside India Sec.75
21. Compensation, penalties or confiscation not to interfere with other punishment Sec.77
22. Compounding of Offences Sec.77A
23. Offences with three years imprisonment to be cognizable Sec.77B
24. Exemption from liability of intermediary in certain cases Sec.79
25. Punishment for abetment of offences Sec.84B
26. Punishment for attempt to commit offences Sec.84C

Note : Sec.78 of I.T. Act empowers Police Inspector to investigate cases falling under this Act

27. Offences by Companies Sec.85
28. Sending threatening messages by e-mail Sec .503 IPC
29. Word, gesture or act intended to insult the modesty of a woman Sec.509 IPC
30. Sending defamatory messages by e-mail Sec .499 IPC
31. Bogus websites , Cyber Frauds Sec .420 IPC
32. E-mail Spoofing Sec .463 IPC
33. Making a false document Sec.464 IPC
34. Forgery for purpose of cheating Sec.468 IPC
35. Forgery for purpose of harming reputation Sec.469 IPC
36. Web-Jacking Sec .383 IPC
37. E-mail Abuse Sec .500 IPC
38. Punishment for criminal intimidation Sec.506 IPC
39. Criminal intimidation by an anonymous communication Sec.507 IPC
40. When copyright infringed:- Copyright in a work shall be deemed to be infringed Sec.51
41. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly
infringes or abets the infringement of Sec.63
42. Enhanced penalty on second and subsequent covictions Sec.63A
43. Knowing use of infringing copy of computer programme to be an offence Sec.63B
44. Obscenity Sec. 292 IPC
45. Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail Sec.292A IPC
46. Sale, etc., of obscene objects to young person Sec .293 IPC
47. Obscene acts and songs Sec.294 IPC
48. Theft of Computer Hardware Sec. 378
49. Punishment for theft Sec.379
50. Online Sale of Drugs NDPS Act
51. Online Sale of Arms Arms Act.

Source:ncib.in

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Knowing the times that we are in, we give you, yet again, an overview of some important legal rights for women that every one must be aware of.

Free legal aid

Exercise your right to free legal aid. Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR. “According to a Delhi High Court ruling, whenever a rape is reported, the SHO has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim,” says Saumya Bhaumik, women rights lawyer.

Right to privacy while recording statement

Under section 164 of the Criminal Procedure Code, a woman who has been raped can record her statement before the district magistrate when the case is under trial, and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to, by law, upkeep the woman’s right to privacy. It’s important for the person to feel comfortable and not be under any kind of stress while narrating the incident.

Time doesn’t matter

The police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of rape or molestation took place. If the police tells you that they can’t lodge your FIR since you didn’t report it earlier, do not concede. “Rape is a horrifying incident for any woman, so it’s natural for her to go into shock and not want to report it immediately. She may also fear for her safety and the reputation and dignity of her family. For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed, advocate, Supreme Court.

Email to the rescue

According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.

Cops can’t say no

Arape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes, the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility, and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.

No arrests after sunset

According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.

You can’t be called to the police station

Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Protect your identity

Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.

The doctor can’t decide

Acase of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.

Employers must protect

It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50% women as members. Also, one of the members should be from a women’s welfare group.

first woman lawyer in supreme court

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No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly.

Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year.

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for
such overtime work at twice the rate of his normal remuneration calculated by the hour.

Also Read :

• How to Check Your PF Statement
• Can Companies Force Employees to Serve Notice Period?
• How to Sue an Employer for Wrongful Termination ?

The post Working Hours in Office first appeared on Rightsofemployees.com.

For most employees, House Rent Allowance (HRA) is a common component of their salary structure. Although it is a part of the salary, HRA, unlike basic salary, is not fully taxable. Subject to certain conditions, a part of HRAgets exempted under Section 10 (13A) of the Income-tax Act, 1961.

The amount of HRA exemption is deductible from the total income before arriving at a taxable income. This helps the employee save tax. Remember, the HRA received is fully taxable if an employee is living in his own house or if he does not pay any rent.

Who can avail HRA?
The tax benefit is available only to a salaried individual who has the HRA component as part of his salary structure and is staying in a rented accommodation. Self-employed professionals cannot avail the deduction.

Click here to use our HRA Calculator 

How much is exempted?
The exemption for HRA benefit is the minimum of:
i) Actual HRA received

1. ii) 50% of salary if living in metro cities, or 40% for non-metro cities; and
   iii) Excess of rent paid annually over 10% of annual salaryFor calculation purpose, the salary considered is ‘basic salary’. In case ‘Dearness Allowance (DA)’ (if it forms a part of retirementbenefits) and ‘commission received on the basis of sales turnover’ is applicable, they too are added to compute the minimum HRA exemption available.The tax benefit is available to the person only for the period in which the rented house is occupied.Example of HRA calculation
   Let’s say an individual, with a monthly basic salary of Rs 15,000, receives HRA of Rs 7,000 and pays Rs 8,400 rent for an accommodation in a metro city. The tax rate applicable to the individual is 20 percent of his income.

   To avail HRA benefit, the least of the following amount (yearly) is exempted, rest is taxable:
   i) Actual HRA received = Rs 84,000
   ii) 50% of salary (metro city) = Rs 90,000 (50% of Rs 1,80,000)
   iii) Excess of rent paid annually over 10% of annual salary = Rs 82,800 (Rs 1,00,800 – (10% of Rs 1,80,000))

   It shows that of Rs 84,000 actually received as HRA, Rs 82,800 gets tax exemption and only the balance of Rs 1,200 gets added to the employee’s income, on which a tax of Rs 240 ( 20 per cent slab ) gets payable.

   Documents
   HRA exemptions can be availed only on submission of rent receipts or the rent agreement with the house owner.

   It is mandatory for the employee to report the Pan Card of the ‘landlord’ to the employer if the rent paid is more than Rs 1,00,000 annually.

   Special cases
   There could be special scenarios in claiming HRA tax benefit, such as:

   Paying rent to family members
   The rented premises must not be owned by the person claiming the tax exemption. So if you stay with your parents and pay rent to them then you can claim that for tax deductions as HRA. However, you cannot pay rent to your spouse. As, in the view of the relationship, you are supposed to take the accommodation together. Thus, these transactions can invite the scrutiny from the Income -tax Department.
   
   
   
   Even if you are renting the house from your parents, make sure you have documentary evidence as proof that financial transactions regarding your tenancy takes place between you and your parent. So keep a record of banking transactions and rent receipts because your claim can get rejected by the tax department if they are not convinced by the authenticity of the transactions. Recently, there has been an instance in which the HRA claim of a salaried taxpayer was rejected by the Mumbai income tax appellate tribunal because the claim for HRA did not appear genuine to the tax officials.

   Also Read: For tax relief, you need proof of rent paid to kin

   Also Read: 10 things to do so that HRA claim does not get rejected

   2. Own a house, but staying in a different city
   One can avail the simultaneous benefit of deduction available for the home loan against ‘interest paid’ and ‘principal repayment’ and HRA in case your own home is rented out or you work in another city.

   Individuals who don’t get HRA but pay rent
   There may be some employees who might not have HRA component in their salary structure. Also, a non-salaried individual might be paying rent. For them, Section 80 (GG) of the Income-tax Act offers help.

   An individual paying rent for a furnished/unfurnished accommodation can claim the deduction for the rent paid under Section 80 (GG) of the I-T Act, provided he is not paid HRA as a part of his salary by furnishing Form 10B.

   How much
   The least of the following is available for exemption from tax under Section 80GG:
   (i) Rent paid in excess of 10% of total income
   (ii) 25% of the total of the total income*
   (iii) Rs 5,000 per month

   *Under this section, the total income is calculated as gross total income minus long-term capital gains, the short-term capital where Securities Transaction Tax (STT) has been paid and deductions available under Sections 80C to 80U, except Section 80GG.

   Conditions
   While claiming a tax deduction, one must remember that the individual himself or his/her spouse, or minor child, or as a member of the Hindu Undivided Family (HUF) must not own any accommodation. Also, if the individual owns any residential property at any place and earns rent from it then no deduction is allowed.

   One can avail the simultaneous benefit of deduction available for the home loan against ‘interest paid’ and ‘principal repayment’ and HRA in case your own home is rented out or you work in another city. However, the same is not available in case of Section 80GG.

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“Ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.



Where any workers in a factory are paid on a piece-rate basis, the time
rate shall be deemed to be equivalent to the daily average of their full-time
earnings for the days on which they actually worked on the same or identical job
during the month immediately preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be the ordinary
rates of wages of those workers.

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Regular working time may not exceed 40 hours per week.

Where necessary with regard to the nature of the work or the working conditions in general
working time may amount to an average of 40 hours per week for a period of at most four
weeks.
Monday is considered the first day of the week, unless another arrangement is in place at the workplace. on-call time may be claimed up to a maximum of 48 hours per employee over a period of 4 weeks or 50 hours per calendar month. The time during which an employee performs work on behalf of the employer is not considered on-call time.

Overtime

‘Overtime’ means working time in excess of regular working time.

When calculating overtime, compensatory rest periods or other rest periods that are scheduled
during the employee’s regular working time or on-call time shall be treated as regular hours
worked or time spent on call. Act (2000:766).

When there is a special need to increase the number of hours worked, overtime may
be worked up to a maximum of 48 hours per employee over a period of four weeks, or 50
hours over a calendar month, with a maximum of 200 hours over a calendar year(general
overtime)

Overtime in excess of general overtime may be worked up to a maximum of 150
hours per employee over a calendar year if there are special grounds for doing so and no other
reasonable solution has been possible (extra overtime).
Together, extra overtime and general overtime may not exceed 48 hours per employee over aperiod of four weeks, or 50 hours over a calendar month.

Total working time

Section 10b The total working time per every seven day period may amount to an average of
at most 48 hours during a reference period of at most four months. When calculating the total
working time, annual leave and sickness absence during times when the employee would
otherwise have worked shall be treated as hours worked. Act (2011:740)

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Details of Amendments and Analysis

The Amendment Act has amended the Principal Act in the following manner:

Amendment of Eligibility Limit

By amending Section 2(13) of the Principal Act, the Amendment Act has now widened the scope of employees eligible for payment of bonus from those drawing salary of INR 10,000 per month, to INR 21,000 per month.

The amendment in the eligibility limit appears to be an initiative which forms a part of the Central Government’s pro-labour policy. Interestingly, the last amendment to the eligibility limit was carried out in the year 2007 and over the past decade, the economy has seen significant reforms. These economic reforms have contributed towards an exponential increase in pay-scales making this amendment to the Principal Act very important to the larger populace of the workforce which earns between INR 10,000 and INR 21,000 per month.

Calculation of Bonus

Taking the demands of the trade unions head on, Section 12 of the Principal Act has been amended to state that where the salary or wage of an employee exceeds INR 7,000 per month or the minimum wage for the scheduled employment, the bonus payable to such employee shall be calculated as if his salary or wage were INR 7,000 per month or the minimum wage for the scheduled employment, whichever is higher.

The Principal Act provided that the bonus payable to an employee shall be in proportion to his/her salary. However, where an employee’s salary was over INR 3,500 per month, for the purposes of calculating bonus, the salary was to be assumed to be INR 3,500 per month. With a view to maximise bonus earnings, the Amendment Act has increased the wage ceiling for calculation to INR 7,000 and has also factored in possibilities where the minimum wage payable to such employees may be over INR 7,000, thereby giving employees the flexibility to draw a higher amount as bonus.

How to calculate bonus liability as an employer?

Your liability depends on a number of factors like:

1. The minimum wages applicable in your state
2. The number of employees with salaries less than Rs. 10,000
3. The number of employees with salaries between Rs. 10,000 – Rs. 21,000
4. The amount of Bonus already paid

We understand that calculating the liability can be a little tricky and we wanted to simplify this process for you.  Hence we’ve created an easy to use calculator that be downloaded by clicking on the link below.

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Paid Vacation / Annual Leave

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What does law say about the pension policy for employees?

In India there is an Act called as The Employees’ Pension Scheme, 1955 which is applicable to all factories and other establishments to which the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 applies. This Scheme is meant for members of the Provident Funds subscribing to Employees’ Provident Fund Scheme, 1952 or any scheme exempted thereunder. The pension policy is introduced as a social policy to the employees to survive their livelihood after the age of retirement. This is a social benefit by which the employees do not need to worry about their sustenance in their later stage of live.

What are the eligibility criteria for availing this facility of pension?

There are two forms of membership availability under the scheme:

• • Membership of the scheme under The Employees’ Pension Scheme, 1955 is compulsory for – All Provident Fund subscribers including those employed in Exempted Establishments contributing to the Employees’ Family Pension Scheme 1971, and – To all new entrants to the Provident Funds Scheme, 1952 from November 16, 1995 onwards, automatically become members of the Employees’ Pension Scheme.

• Membership under the scheme is also available on Optional basis – Existing members of exempted and un-exempted Provident Fund Scheme as on November 15, 1995 who are not members of the Family Pension Scheme, 1971. – Members of the Family Pension Scheme, 1971 who left employment between April 1, 1993 to November 15, 1995 whether they have withdraw their benefits of not. – Beneficiaries of Family Pension Scheme, 1971 who have died on or after April 1, 1993.

What are the benefits available to members under this Scheme?

The benefits that are provided to the members under the Employees’ Pension Scheme, 1995 are:

• Pension Payment for life on Retirement/Superannuation.
• Pension Payment for life on invalidation during employment.
• Lump sum amount payment to the member by way of commutation of Pension upto one third pension amount on optional basis.
• Capital return in option formula basis upon cessation of members pension payment.

What are the benefits available to family members upon death of the member?

The benefits that are provided to the family members upon the death of the member are as follows:

• • Payment of pension to spouse for life or until remarriage.
  • Payment of pension to children (two at a time) till they attain the age of 25 years additionally along with pension payment to spouse. For total and permanently.
  • Orphan Pension to children at higher rate upon cessation of Pension Payment to spouse.
  • To Nominee / Dependant parents for life in case member is unmarried or having no eligible family member.

What are the causes of death that are covered under the scheme for members for eligibility for payment of pension after death?

The scheme covers members death risk unconditionally – irrespective of whether such death occurs:

• While in service.
• Away from employment and not contributing to the fund, or
• After retirement as a pensioner.

Is there a provision facilitating benefits for seasonal or casual employees under the scheme?

 There are following provisions that are specified to facilitate the seasonal or casual employees:

• Employees engaged seasonally in any establishment, the period of “actual service” in any year, notwithstanding that such service is less than a year, shall be treated as full year.
• Pensionable salary will be worked out “Notionally” for full month in the event if drawal of salary for a part of the month.
• Pensionary benefits shall be extended to the members without co-relating compliance by the employer of the establishment

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1) According to current rules, an EPFO subscriber can withdraw his or her EPF balance after remaining unemployed for two months.

2) If the EPFO subscriber has contributed towards his or her employee provident fund or EPF for a period more than five years, the amount received upon withdrawal is exempted from income tax.

3) In case of employment with different employers, if the PF balance maintained with the old employer is transferred to the PF account of the new employer, it is considered a continuous employment.

4) If an employee has been terminated because of certain reasons beyond his or her control (such as ill health and discontinuation of business of employer), the withdrawal does not attract any tax, irrespective of the number of years of employment.

5) In case of a withdrawal before five years, the amount becomes taxable in the same financial year.

6) Thus, the amount has to be shown in your tax return for the next assessment year. The employer’s contribution to PF and interest earned on it is added to one’s income and taxed accordingly.

7) In addition, if you have claimed benefits under Section 80C on your own PF contribution, it will be taxed as salary. The interest earned on your own contribution will be taxed as ‘income from other sources’ and taxed according to the respective tax slabs. (Read more)

8) A recent ruling by the Income Tax Tribunal upheld a law which states that the interest accumulated in your EPF or employee provident account after you quit the job is taxable.

9) This means if you delay withdrawal after leaving employment, any interest accrued thereafter shall be taxed.

10) Partial withdrawal: An EPFO subscriber can take advance from EPF deposits for purposes such as purchase/construction of house, repayment of loan, non-receipt of wage for two months, for marriage of self/daughter/son/brother, for medical treatment of family member etc. For each type of partial withdrawal/advance, the amount varies and the employee needs to meet specific criteria to be eligible for the advance. One can also apply online through EPFO’s member’s portal for an advance/partial withdrawal.

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The Ministry of Labour and Employment, Government of India has, with effect from 1 September 2014, brought into force several important amendments to the schemes framed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) i.e. (i) The Employees’ Provident Funds Scheme, 1952 (“PF Scheme”); (ii) The Employees’ Pension Scheme, 1995 (“Pension Scheme”); and (iii) The Employees’ Deposit-linked Insurance Scheme, 1976 (“Insurance Scheme”).

Key Amendments

PF Scheme

• • The definition of ‘excluded employee’ has been amended whereby the members drawing wages exceeding INR 15,000 per month are excluded from the provisions of the PF Scheme. Accordingly, the wage ceiling for an employee to be eligible for the PF Scheme has been increased from INR 6,500 per month to INR 15,000 per month.

Pension Scheme

• New members (joining on or after 1 September 2014) drawing wages exceeding INR 15,000 per month shall not be eligible to voluntarily contribute to the Pension Scheme.
• The maximum pensionable salary for the purpose of determining the monthly pension has been revised from INR 6,500 to INR 15,000 per month.
• The pensionable salary shall be calculated on the average monthly pay for the contribution period of the last 60 months (earlier 12 months) preceding the date of exit from the membership.
• The monthly pension for any existing or future member shall not be less than INR 1,000 for the financial year 2014-15.

Insurance Scheme

• The contribution payable under the Insurance Scheme shall now be calculated on a monthly pay of INR 15,000, instead of INR 6,500.
• In the event of death of a member (on or after 1 September 2014), the assurance benefits available under the Insurance Scheme has been increased by twenty percent (20%) in addition to the already admissible benefits.

Implications of the Amendments

The amendments to the three schemes by the Government of India, post the proposal made by the Union Minister of Finance in his Union Budget speech (for the financial year 2014-2015), have enhanced the applicability, scope and benefits provided to employees under the EPF Act. However, at the same time, it has also increased the liability of the employers who would now be responsible to enroll additional eligible employees and to contribute on the increased statutory wage ceiling.

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ESIC scheme was inaugurated in Kanpur on 24^th February 1952 (ESIC Day) by then Prime Minister Pandit Jawahar Lal Nehru. The venue was the Brijender Swarup Park, Kanpur and Panditji addressed a 70,000 strong gathering in Hindi in the presence of Pt. Gobind Ballabh Pant, Chief Minister Uttar Pradesh, Babu Jagjivan Ram, Union Labour Minister, Raj Kumari Amrit Kaur, Union Health Minister, Sh.Chandrabhan Gupt, Union Food Minister and Dr.C.L.Katial, the first Director General of ESIC.

ESIC scheme was simultaneously launched at Delhi as well and the initial coverage for both the centers was 1,20,000 employees. Our first Prime Minister was the first honorary insured person of the Scheme.

The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act and it is designed to accomplish the task of protecting ‘employees‘ as defined in the Employees’ State Insurance Act, 1948 against the impact of incidences of sickness, maternity, disablement and death due to employment injury and to provide medical care to insured persons and their families. The ESI Scheme applies to factories and other establishment’s viz. Road Transport, Hotels, Restaurants, Cinemas, Newspaper, Shops, and Educational/Medical Institutions wherein 10 or more persons are employed. However, in some States threshold limit for coverage of establishments is still 20. Employees of the aforesaid categories of factories and establishments, drawing wages upto Rs.15,000/- a month, are entitled to social security cover under the ESI Act. ESI Corporation has also decided to enhance wage ceiling for coverage of employees under the ESI Act from Rs.15,000/- to Rs.21,000/-.

The ESI Scheme is financed by contributions from employers and employees. The rate of contribution by employer is 4.75% of the wages payable to employees. The employees’ contribution is at the rate of 1.75% of the wages payable to an employee. Employees, earning less than Rs. 137/- a day as daily wages, are exempted from payment of their share of contribution.

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In this article, we will try and set down the manner and procedure for termination of service, and the monetary entitlements thereto.

‘Workman’ and ‘Non-workman’

Employees in India are generally categorized as a ‘workman’ or a non-workman. The term ‘workman’ has been defined under the Industrial Disputes Act, 1947 (“ID Act”), and would inter-alia mean all persons employed in any industry but does not include an employee who is in a managerial, administrative or supervisory role. Apart from the definition under the ID Act, there is no set formula to distinguish between a workman and a non-workman, and the position has been tested and established through various judgments, depending upon the nature of work being carried out by an employee.

An employee who is considered to be a workman will be governed by the ID Act, and their termination of service will have to be in accordance with the provisions of the ID Act.

Types of Termination of employment

Termination of employment may take place due to misconduct, discharge or retrenchment.

Misconduct

Termination of employment can be for misconduct, for which the employer is required to conduct disciplinary proceedings. The procedure to terminate an employee in India, for conducting a disciplinary proceeding has been set out under the law. It includes constituting and having a disciplinary panel, serving a show cause notice to the errant employee, and giving the employee a reasonable chance to put forth his defense. Proceedings have to be conducted in a fair manner, keeping in mind principles of natural justice.

In some cases, the outcome of the disciplinary proceeding may justify dismissal without notice, and any compensation. Under law, the term misconduct provides a list of circumstances and events which would amount to misconduct. It is an inclusive list, and hence, employers have the right to include in their company policies/ service rules, such other events, as it may deem fit, which would in their line of business, amount to misconduct. Misconduct includes wilful insubordination or disobedience; theft, fraud or dishonesty; wilful damage or loss of employer’s property; bribery; habitual lateness or absence; striking unlawfully and sexual harassment.

The aforesaid procedure for termination will apply to all employees whether workman or non-workman.

Discharge

The termination of employment of employees who are not workman are governed by the notice period in their employment contract, and the shops and establishment act (“S&E’”) of the State in which they work. Generally, the State S&E’s provide for at least one month’s notice of termination, or pay in lieu of termination, and in some instances, termination needs to be with cause, and in some other cases, the employer needs to pay compensation for terminating the employment. The notice of dismissal under an employment contract should not be less favourable than what is prescribed under law.

Retrenchment

The Industrial Dispute Act sets out the steps to be undertaken for retrenchment. The term retrenchment has been defined to mean termination by the employer of employment of a worker for any reason, other than disciplinary grounds, with certain exceptions.

An employer who proposes to retrench a workman, who have been continuously employed for more than one year, must give one month’s notice (together with the reason for the retrenchment) or pay in lieu of such notice to the workman. The employer must also inform the local labour authorities of the retrenchment within a stipulated time frame.

Rules for Retrenchment Compensation

Additionally, employers are also obliged to apply the “last in-first out” rule in selecting the workman for retrenchment except for reasonable cause. A retrenched workman is entitled to retrenchment compensation as per the provisions of the ID Act, which is calculated at the rate of 15 days wages for every year of continuous service. Certain establishments (factories, mines, plantations) employing over 100 workers may not be retrenched unless three months’ written notice, stating reasons for the retrenchment, or pay in lieu of notice, is given to the worker. Furthermore, prior approval from the relevant governmental authority must be taken before the retrenchment is made.

Severance Pay

Upon termination of employment of any employee, the employer is required to clear all dues, which are payable to the employee at the time of the termination. Some of these payments are as follows:

1. Notice pay, where notice of termination has not been given;
2. Salary for the days worked, but not paid for, during the month where the employee has been terminated;
3. Payment of gratuity for employees who have completed at least 5 years of service, in terms of the Payment of Gratuity Act 1972. This act is applicable to establishments which have 10 or more employees. The gratuity is calculated at 15 days salary for every completed year of service;
4. Leave encashment, for the leaves accrued, but not used by the exiting employee;
5. Statutory bonus, if the employee is eligible for the same. Employees who are earning up to Rs. 10,000 per month and who has worked in an establishment for not less than 30 working days in a financial year will be entitled to statutory bonus under the Payment of Bonus Act, 1965;
6. Retrenchment compensation, if the employee is a workman, and his services have been retrenched;
7. Such other dues that may have been contractually agreed between the employer and the employee, or is payable under the employer’s company policies;
8. Assist the employee in making applications to the appropriate authority, for withdrawal of the provident fund dues, accumulated to the credit of the existing employee.

There may be other dues payable, and such will vary from employment to employment.

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Clause (2) of Article 276. It is a state-level tax. It is also a source of revenue for the State Governments which helps the different state in implementing schemes for the welfare and development of the region.

• Tax can be paid Monthly, Semi-Annually or Annually.
• It also consists of Rate-slabs (mentioned below) which are based on the total income of the professionals.

Eligibility

Tax is imposed on:

• Salaried individuals,
• working in government or non-government entities,
• Chartered Accountants,
• Doctors,
• Lawyers etc or carry out some form of business.

Exemptions

• Any person who is suffering from a permanent physical disability (including blindness).
• Parents or guardian of any person who is suffering from mental retardation.
• Persons of age 65 years and above (60 years in a case of Karnataka).

Employer’s Responsibility

In the case of salaried professionals and wage earners, the tax is deducted from the employee salaries. Employers have to pay tax on behalf of their workmen/employees to the State Government. Owner also has to file a return with proof of tax payment within the specified time.

Registration

The employer must apply for the registration within 30 days of the appointment of staff in the business. If the office is in more than 2 states, then different applications need to be sent to the relevant authorities under different states.

Documents Required

1. A copy of PAN Card of your company.
2. Registration Certificate.
3. A copy of Memorandum Of Association (MOA) and Article Of Association (AOA).
4. List of Directors/Partners.
5. Identity and Address Proof of Directors/Partners.
6. A copy of Resolution of Board of Directors.
7. List of employees.
8. Address proof/Rental agreement of registered office/ warehouse.
9. Electricity/Maintenance Bill of registered office/factory/warehouse.
10. Canceled cheque from Company’s bank account.

• All these documents, registration application, and fees submitted to the State’s Tax department.
• After verification, officer issues a registration certificate and your Professional Tax Registration is successful.

Deposition of tax amount

• Case 1: If an employer has more than 20 employees, then make payment within 15 days from the end of the month.
• Case 2: if an employer has less than 20 employees, then make payment quarterly (i.e. by the 15th of next monthfrom the end of the quarter).

Penalty

• Case 1: Professional Tax Certification Number is not with the employer then the employer will incur a penalty of Rs.5/- per day.
• Case 2: No/late payment, the employer will incur the penalty of 10% of the tax amount.
• Case 3: Late filing of returns, a penalty of Rs. 300/- per return is chargeable.

States that impose professional tax

Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra , West Bengal, Orissa, Tamil Nadu are states which impose professional tax.

States that do not impose professional tax

States: Arunachal Pradesh, Chandigarh, Delhi, Haryana, Himachal Pradesh, Nagaland, Punjab, Rajasthan, Uttaranchal, Uttar Pradesh.

Union Territories: Andaman & Nicobar, Dadra & Nagar Havelli, Daman & Dui, Lakshadweep.

 Sikkim: Professional Tax levied on Business Houses.

Conclusion

Professional tax is a tax levied by the State Government. All states do not impose this tax, only some of them collects tax.This tax is a source of revenue for the states who imposes it.

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The benefits under the Maternity Benefit Act are available to all female employees, who are not covered under the Employees’ State Insurance Act and have worked for a continuous period of 80 days in twelve months immediately preceding the date of her expected delivery.

Maternity benefits act 2017 – This amendment has increased the duration of maternity leave available for women employees from the existing 12 weeks to 26 weeks.

Rs. 3,500 per maternity Current provision of maternity bonus.

A woman shall, on production of such proof as be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.

Women employee should be permitted to visit the crèche 4 times during the day, which includes the regular rest interval .

Penalties for contravention of the act by Employers; Imprisonment which shall not be less than three month, which may extend up to one year and with fine not less than two thousand rupees,  which may extend up to five thousand rupees.

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What is ‘sexual harassment’?

Is this Act only for women?

Yes, this Act is only for women who are sexually harassed in workplaces.

Is this Act only for working women?

No, this Act is for any woman who is harassed in any workplace. It is not necessary for the woman to be working at the workplace in which she is harassed. A workplace can be any office, whether government or private.

As an employer, what do you have to do under this law?

• You need to set up an ‘Internal Complaints Committee’ if you employ more than 10 people to handle cases of sexual harassment at your workplace.
• In case your workplace has more than one office or unit, then there should be an Internal Complaints Committee in each branch.

There is no sexual harassment at my office. Do I still have to follow the instructions regarding setting up an Internal Complaints Committee?

Yes, even if there are no cases of sexual harassment at the moment, it is still necessary for the committee to be set up (if you employ more than 10 workers) and for all rules to be followed.

Am I not allowed to approach the police and courts because of this Act?

No, the Act gives you a choice between dealing with the offender within the office or approaching a court. If you wish, you can file a criminal complaint instead of approaching your Internal/Local Complaints Committee.

What if the victim makes a wrong complaint because she does not like the offender?

If the Committee finds that the woman (or her representative) made a wrong complaint because she does not like or hates the offender or that she gave them fake documents, it can ask the employer or District Officer to take action against the woman or person according to the service rules of the workplace. If there are no service rules, action can be taken in any manner recommended by the Committee (Rule 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013). This can be by way of:

How will the Committee decide whether the complaint is false?

• If the victim is unable to provide enough proof to the Committee, it does not automatically make her complaint false.
• The Committee will have to conduct an inquiry to find out if she made a wrong complaint on purpose.
• Example: If there is a complaint initiated by Isha against Rohit but there are no witnesses or documents or any indication whatsoever that there was sexual harassment, then this will not be regarded as a false complaint. However, if Isha wrote an email where she told a friend she was lying, this may be a malicious or false complaint.

What happens if witnesses give false accounts?

If the Committee finds that a witness has told them things that did not happen or given fake documents, it can recommend to the employer or District Officer that action be taken according to the service rules. If there are no service rules, the government can make additional rules for this purpose.

Can any information about the complaint or the inquiry be made public?

No. It is unlawful to publish any information relating to a sexual harassment complaint under this law to the media. This information includes any details of the victim, offender and witnesses, the settlement or inquiry proceedings and the Committee recommendations.Committee recommendations and settlements can be published so long as there is no information in there which can identify the victim or witnesses.Example:If Rohit is found guilty of harassing Isha, none of the information relating to their identities and contact details can be made public. However, the recommendations of the Committee which required Rohit to formally apologise to Isha and leave the organization can be made public. This information can be made public without disclosing Rohit or Isha’s names or other details.

Can a case under this Act be taken to Court?

No, no case can be taken to Court unless the victim herself or the Committee files a case before the Court.

Which Court can hear this case?

Any court, as long as it is a Metropolitan Magistrate or a Judicial Magistrate of the first class or above.

Can someone be arrested without a warrant under this Act?

No, a warrant is required for arrest.

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Earned Leave

This is a paid leave earned by employees during a year and availed in the subsequent year. If the number of earned leave is over, the day is considered as an unpaid leave and the day’s pay is cut from the salary. These leaves can also be en-cashed while leaving the company. The following are number of earned leaves according to laws:x

• Factory workers need to work minimum 240 days in the organization in a year to be eligible for earned leave. Adults get 1 day for every 20 days, and children, below the age of 15, get 1 day for every 15 days work in the previous year.
• Mine workers below the ground can avail 1 day for every 15 days work; and those working above the ground can avail 1 day for every 20 days work.
• Workers in a Bidi or Cigar factory get 1 day leave for every 20 days work in the previous year. If the worker is a child of below age 15, he gets 1 day off for every 15 days of work.
• People working in sales, and newspaper running company (which includes journalists) can avail one month earned leave for every 11 months of work.
• Domestic workers are also eligible for 15 days earned leave in a year.

Casual Leave

This is another paid leave that although not earned, is entitled to employees only if prior permission is granted by the organization. If the employer does not grant permission and the employee nevertheless takes a leave, the day’s pay is cut from the salary. Usually every organization allows a certain number of casual leaves in a year, which is fixed by the company’s administration. Although, there is laws for certain types of workers:

• Sales and newspaper employees (including journalists) are entitled 15 days of casual leave in a year
• Apprentices are entitled annually 12 days casual leave

Sick/Medical Leave

Employers provide sick leaves to employees when they are ailing. Some organizations ask for a medical certificate to grant sick leave. Others don’t deem in necessary. If the employee has used up all his sick leaves, the company uses his earned leaves. Sick leaves can also be carried forward to the next year. The specifications are although determined by the company’s administration. Laws governing sick leaves for different types of employees are:

• Apprentices are entitled for 15 days of sick leave in a year. This can be accumulated to a maximum of 40 days.
• Journalists and Newspaper employees can avail medical leave of one month for every 18 months of work. During the medical leave, the employees are paid half the day’s pay.
• Sales employees are entitled to medical leave similar to that of newspaper employees. They although mandatorily need to show a medical certificate for their absence.

Maternity Leave

Female employees, as per law, are entitled to 3 months or 12 weeks of leave when she is pregnant. During this time, employers will have to pay their female employees normally.

Paternity Leave

Male employees who are soon to become fathers can avail upto 15 days of leave within 6 months of their wife’s date of delivery.
Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave, Bereavement Leave and Leave for Voting. These although are left at the organization’s discretion.

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But if for some reasons, on these national holidays if the employers wish to keep their organization functional, they need to obtain prior permission from concerned authorities. Also, the workers who work in organization on these national holidays are entitled to receive double wages for the day. (Though these national holidays are a matter of Central legislature, some states do have made provisions for compensatory leave to the workers who have worked on these national holidays, and this is over and above double wages for that day.

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