Legal Update – Maternity Benefit Act

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Maternity Benefit Act

Maternity Benefit Act

In a landmark judgment dated August 17, 2023, the Supreme Court of India delivered a decision that has far-reaching implications for women’s rights and employment conditions. The case of Dr. Kavita Yadav, a Senior Resident in Pathology, highlighted the critical issue of maternity benefits beyond contractual employment. This ruling sets a precedent that ensures women’s rights to maternity benefits are protected, regardless of their employment status.

Enclosed is the case law extract for your reference.

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Legal Update – Maharashtra Shop & Esstt Amendment 2024

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Shop & Establishments

Maharashtra Shop & Esstt Amendment 2024

In order to enforce the provisions of the Employees Compensation Act, 2017, The Maharashtra Shop & Estt has issued the enclosed circular requiring establishments to declare the details of the Insurance policy coverage in various forms including annual return

In view of the above, In case you have any employees working in Maharashtra who are not covered under ESI, You have to cover them under insurance & obtain Employees Compensation Insurance policy from a local insurance company. We request you to kindly share the copy of the Insurance policy once you obtain it for our records

Furthermore, Many of you have not taken steps internally to follow certain compliance mandated by the Act & hence we are again enclosing the Key changes which are actionable by you for your information & necessary action.

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Legal Update – Registration of ICC on She-Box Portal

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POSH

Registration of ICC on She-Box Portal

This is to bring to your notice that the Ministry of Women and Child Development, Government of India has launched a single-window “She-Box portal” [https://shebox.wcd.gov.in] to provide access to every woman, regardless of her employment status—whether she works in the organized or unorganized sector, or in the private or public sector.

This centralized platform is designed to create a repository of information related to Internal Committees (IC) and Local Committees (LC) established across the country. It aims to streamline the registration and monitoring of complaints related to sexual harassment in the workplace. It ensures that women have a reliable and secure platform to address workplace harassment.

Registration under the She-Box portal is at the discretion of the District Authority appointed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Currently, the Nodal Officer for Mumbai District recommends that private establishments to register on the She-Box portal and update the IC details.

Attaching the circular directing all establishments to register on the Portal by 31st of May 2025, ensuring that all branches are covered under this registration to avoid potential non-compliance.

You may take necessary steps to Register your Establishment at the earliest. Should you want us to assist you with the Registration, Please respond back to this email so that we can share with you the commercials for this activity.

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Legal Update : Tamil Nadu Shops and Establishments (Amendment) Act, 2023

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Shop & Establishments

Tamil Nadu Shops and Establishments (Amendment) Act, 2023

Enclosed is the Tamil Nadu Shops and Establishments (Amendment) Act, 2023.

Amendment to The Tamil Nadu Shops and Establishments Rules, 1948, based on the implementation of the said act, is effective from 02.07.2024.

Based on the amended rules, establishments having branches in Tamil Nadu are recommended to obtain the Shops and Establishment registration.

 

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Top Tips for Preventing Payroll Errors in Your Company

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Blogs
Prevent Payroll Errors

Key Practices to Avoid Payroll Mistakes and Enhance Efficiency

A company’s most valuable assets are its reputation and goodwill. While reputation can’t be bought, it can be protected through compliance, social responsibility, and sustainable practices, ultimately boosting financial growth.

Payroll management is a crucial factor in any company. Employees are the backbone of an organization, and ensuring their well-being and fair compensation is essential. However, many companies focus solely on results, often overlooking the employees who drive those outcomes.

Fair employee compensation covers salaries, government benefits, medical insurance, leave wages, and working conditions. Meeting these needs not only boosts employee satisfaction but also ensures compliance with legal requirements. Satisfied employees are more productive, enhancing results and strengthening the company’s reputation.

An efficient payroll management system helps mitigate several risks, including:

Statutory Compliance – It ensures adherence to labour and income tax laws, reducing the risk of non-payment of statutory dues and minimizing the chances of unforeseen litigation.

Administrative Efficiency – With limited resources, a streamlined payroll system allows a company to optimize resource utilization effectively.

Financial Management – It safeguards company finances by avoiding penalties for non-compliance, ensuring funds are directed toward growth and development rather than fines.

Despite the growing adoption of payroll management systems, many companies still rely on outdated payroll methods, resulting in the following errors:-

Inaccurate computation of salaries and allowances.

Errors in calculating pay and allowances often stem from outdated or incorrect employee records, errors in statutory deductions like income tax, inaccurate attendance data, manual mistakes, and a lack of regular reconciliation and validation. Manual payroll processing increases the likelihood of these errors, leading to additional work and inefficiencies.

Lack of a system to monitor employee work hours and overtime.

Companies relying on manual methods to track attendance and overtime may struggle with accurately monitoring employee hours. Adopting a digital attendance system can help ensure precise recording of working hours.

Disorganized documentation and record-keeping system.

Relying on traditional registers and record-keeping methods, while neglecting technological advancements, can lead to data loss and increased resource expenses for record maintenance.

Compliance with statutory regulations and requirements.

As the world and laws evolve, so do regulations impacting employment and taxation. A compliance or HR manager must stay fully informed about employee payments. Any gaps in knowledge or failure to update systems with these dynamic changes can lead to payroll mismanagement.

 

Culmination of the blog

In the long term, for a company to thrive financially and retain quality employees, it is crucial to modernize the payroll system. While smaller businesses may temporarily manage with traditional methods, larger companies require a well-organized payroll system. This prevents resources from being tied up in correcting errors or enduring long hours of data entry, and a centralized system ensures data security over time.

Labour Law Compliance : A Beginner’s Guide

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Blogs
Labour Law Compliance
Beginners Guide- Labour Law Compliance

Navigate Labour Laws with Ease Using Serve HR’s Solutions

In the ever-evolving corporate landscape, where innovation drives progress and regulations continually shift, one constant remains: labour law compliance. As we near the midpoint of 2024, the complexities that shape business success are increasingly influenced by legal requirements and ethical responsibilities. In this era of rapid change, navigating the intricacies of labour law is no longer optional but a strategic necessity. 

In India, adherence to stringent labour regulations is critical—not only to protect employees’ rights but also to foster a harmonious relationship between employers and their workforce. This approach encourages ethical practices and supports sustainable business growth. 

This comprehensive guide delves into the intricate world of labour law compliance, offering essential strategies and tools to empower HR professionals and employees alike to thrive in today’s dynamic workplace environment. 

 

What are the key labour laws that employers must adhere to? 

India’s labour law framework has evolved over time, placing significant emphasis on human rights, social welfare, and the provision of fair working conditions. These numerous laws are essential to achieving the broader goals of the nation. To avoid legal complications such as fines and lawsuits, it is crucial for organizations to ensure compliance with all applicable labour laws, rather than focusing on a select few. Non-compliance can not only damage a company’s reputation but also impede its growth. 

Let’s explore the key labour laws that every employer must adhere to. 

  • The Industrial Disputes Act, 1947:
    This important law governs workplace conflicts and outlines procedures for managing employment matters such as workforce reductions, layoffs, and terminations. 
  • The Minimum Wages Act, 1948:
    This law was established to guarantee that employers provide employees with a fair minimum wage. The minimum wage rates may differ across states and regions, as they are subject to periodic revisions and updates by the government. 
  • The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF):
    The Employees’ Provident Funds and Miscellaneous Provisions Act (EPF Act) of 1952 is among the most recognized social security laws. Widely appreciated by employees for its benefits, the EPF Act requires employers to contribute to a retirement savings plan for their workforce. Employers deduct a portion of an employee’s salary, deposit it into their EPF account, and match this contribution with an equal amount. 
  • The Employees’ State Insurance Act, 1948 (ESI):
    The ESI Act was established to provide employees and their families with medical and financial assistance during times of illness, maternity, disability, or death caused by workplace accidents. Employers contribute to the Employees’ State Insurance (ESI) scheme, which finances these benefits. 
  • The Payment of Bonus Act, 1965:
    Under this act, employers are required to pay employees a bonus determined by the company’s profits and an assessment of the employees’ performance. The government provides a predefined formula for calculating the bonus. 
  • The Factories Act, 1948:
    This law was introduced to regulate the working conditions in factories and ensure the health, safety, and welfare of employees engaged in manufacturing activities. It encompasses various aspects, including working hours, safety measures, sanitary facilities, and guidelines for handling hazardous occupations. 
  • The Maternity Benefit Act, 1961:
    This law was designed to support married working women during maternity by mandating employers to provide paid maternity leave and benefits, including allowances and medical coverage, to assist them through pregnancy and childbirth. 
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:
    This act requires employers to provide a safe working environment for female employees and establish an internal complaints committee to address workplace harassment issues. 

 

Things to Consider –  

  1. What are the consequences of non-compliance with labour laws?
    Failing to comply with labour laws can lead to various penalties and consequences for both employers and employees, negatively impacting the entire organization and damaging the company’s reputation, potentially leading to the worst-case scenarios. Here are some potential outcomes of non-compliance with labour laws 
  2. Legal Consequences: Employers who do not adhere to labour laws may face legal action, including fines, penalties, or lawsuits from government authorities responsible for enforcing these regulations. The severity and frequency of violations determine the penalties. 
  3. Lawsuits and Legal Disputes: Non-compliance may result in lawsuits from employees or unions claiming violations of their rights. These legal disputes can be costly, damaging the company’s reputation and leading to financial settlements or unfavorable judgments. 
  4. Damage to Reputation: Non-compliance can harm the organization’s reputation, leading to negative publicity, a loss of trust among stakeholders, and difficulties in recruiting, retaining employees, and keeping customers. 
  5. Employee Dissatisfaction: If employees feel their rights are disregarded, it can result in dissatisfaction, making them feel undervalued or mistreated, which in turn lowers productivity. 
  6. Missed Business Opportunities: Companies with a tarnished reputation due to labour law violations may struggle to form partnerships, resulting in lost business opportunities. 
  7. Increased Scrutiny: Non-compliance will attract the attention of regulatory bodies, leading to more administrative tasks, frequent audits, and inspections that consume valuable time and reduce productivity. 
  8. Damaged Employer-Employee Relationship: Failure to comply with labour laws can erode trust between management and staff, impairing teamwork and collaboration within the organization. 

 

 Many companies are adopting digital tools and automated solutions to stay up to date with the constantly changing labour laws. In India, where AI and ML are increasingly utilized, several automated digital tools assist with labour law compliance. By integrating these tools, businesses can access real-time updates, analysis, and compliance solutions, making it easier to navigate the complexities of labour regulations. 

 Are you ready to keep your business compliant with labor laws in 2024 and beyond? Serve HR is your one-stop solution for all labour law compliance needs, offering automated digital tools and tech-driven services to simplify your processes and reduce risks.