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Legal Update : Critical Compliance under Rights of Persons with Disabilities Act, 2016

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Uncategorized

Critical Compliance under Rights of Persons with Disabilities Act, 2016

The Constitution of India encapsulates social safeguard measures for all its citizens in Article 15 & Article 16.

Article 15 mandates prohibition of discrimination on grounds of religion, race, caste, sex or place of birth whereas Article 16 mandates equal opportunity in matters of public employment.

Further, The Rights of Persons with Disabilities (RPWD) Act, 2016 and Rules, 2017 have specific mandates for the private establishments to discharge duties mentioned below.

Broadly, as per the provisions of the Act and Rules –

1.Drafting of Policy as per Act Guidelines & Publish  Equal Opportunity Policy for persons with disabilities as stated in the Rules.

2. Register a copy of the above said policy with the Chief Commissioner or the State Commissioner for Persons with Disabilities, as the case may be.

3. Ensure that persons with disability are not discriminated on the ground of disability

4. Post a Disclaimer on the Website & Display of Policy on the Website or in premises at a conspicuous place

5. Establishments having 20 or more employees to have specific inclusions in the Policy

6. Establishments having 20 or more employees to appoint a Liasoning Officer

 

The subject mentioned act was notified on 15th June 2017, However, We now have the  administrative clarity on compliance & hence We recommend Establishments to undertake the above said compliance. Enclosed are the act rules for your reference.

 

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Legal Update – ESI Doctors MMR Region

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ESIC

ESI Doctors MMR Region

Find attached list of Doctors recently empanelled under ESI in the MMR Region.

You may share this list with the ESI Insured employees working in your organization & encourage them to register in any dispensary which is nearby to his/her residence / work-place.

Note that unless the employee registers with any ESIS doctor, he will not be able to avail of any ESIS benefits.

The following documents are required for registration of employees –

a) E-Pehchan card with family photo as well as stamp and signature of employer.
b) Form No 37 with contribution period mentioned & stamp & signature of employee.

c) Form No 7B.In case the employee wishes to change the doctor, the doctor’s change form (Form No 31) should be obtained from the nearest ESI Branch Office.

Besides, Any queries pertaining to registration with Doctor can be directed at the below personnel who is the Assistant Medical Officer at ESI.
Email ID amoesisthane@gmail.com
Contact person Dr. P. D. Shirsat (AMO)
Mobile – 9819394323

Legal Update: The Maharashtra Mathadi & Private Security Guards Amendment Bill 2023

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Uncategorized

The Maharashtra Mathadi & Private Security Guards Amendment Bill 2023

The Government of Maharashtra in an initiative to reduce the hardships faced by employers introduced the enclosed bill to amend The Maharashtra Mathadi & Private Security Guards Act.

We shall keep you posted as & when the amendment in this bill is notified for your review and action.

Legal Update – EPFO Member Portal Services

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Provident Fund

EPFO Member Portal Services

As per a news article on 27th July 2023, the EPFO is facing severe challenges
due to its collapsing and outdated software systems. The EPF Officers’
Association (EPFOA) has warned the Union government about the urgent
need to fix these issues, as the old servers are likely to stop functioning by
January 2024.

The EPFOA has pointed out that any delays in procuring new servers and
hardware will have significant consequences for the EPFO and its members.

The EPFOA has reported a surge in complaints and requests for help
regarding slow or non-functional software, leading to waste of time and
increased claims pendency levels. The pendency of member claims and
grievances is also on the rise.

We urge all clients to be aware of these challenges and prepare for potential
disruptions in EPFO services. We will keep you updated as more information
becomes available.

Legal Update – Haryana State Local Candidates Employment Act, 2020

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Staffing

Haryana State Local Candidates Employment Act, 2020

The Labour Ministry of Haryana has issued enclosed Notification dated: 17th July, 2023 directing the Labour Department to enforce upon all employers in the state of Haryana to register themselves under the subject mentioned act which was notified & implemented effective 15/01/2022.
As we expect Notices to be issued soon by the department to your establishment for non-compliance, It is advisable that we take steps to register under the said new act.
To summarize, The act requires establishments in the state of Haryana to register & employ 75% local candidates for all such positions whose gross wages is less than INR 30,000/- per month & related administrative compliances pertaining to Registration, Return filing etc.
We are enclosing the act copy for your reference. Please get in touch with your account manager to commence the registration process before any adverse action is taken by the Labour Department.