Legal Update : Employment Incentive Scheme : Budget 2024-25

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Provident Fund

Legal Update : Employment Incentive Scheme : Budget 2024-25

Dear All,
Find enclosed details of the schemes announced this Budget incentivising Employers to enroll fresh employees.

Please note that procedural clarity to avail benefits in r/o of these schemes is still awaited from the respective departments.

Based on our experience for our clients availing such incentive scheme benefits in the past, We would strongly discourage anyone availing these schemes. However, Should you still be interested, Please drop us your interest so that we can reach out to you as & when procedural guidelines are announced

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The Shops and Establishments Act: A Complete Overview

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Blogs
Shops and Establishments Act 1948

The Legal Framework for Shops and Establishments in India.

Introduction

In India’s fast-evolving business environment, understanding the complexities of legal compliance is essential. One of the fundamental regulations in this context is the Shop and Establishment Act, which serves as the cornerstone for many businesses by addressing crucial aspects of employment and commercial activities. In this article, we will take a closer look at the Shops and Establishments Act, examining its varied applications across different states while also outlining the online process for obtaining this important license.

What is the Shops and Establishments Act?

The Shops and Establishments Act is a state-specific legislation in India that governs working conditions and employment terms within commercial establishments. It covers key areas such as wages, working hours, leave entitlements, and other service conditions. Fundamentally, the Act protects the rights of both employers and employees, ensuring a fair and supportive work environment.

Different Shops and Establishments Acts Across States

India’s diversity is reflected in its legal framework, including the Shops and Establishments Acts. Each state adapts its regulations to meet the specific needs of businesses operating within its jurisdiction.

Maharashtra Shops and Establishment Act

As a major financial hub in India, Maharashtra implements a robust Shops and Establishment Act. This law requires detailed record-keeping to ensure transparency and accountability. It also addresses employment conditions, with an emphasis on worker safety and welfare. To thrive in Maharashtra’s competitive market, businesses must fully adhere to this legislation.

Karnataka Shops and Establishment Act

Businesses in Karnataka must comply with the Karnataka Shops and Establishment Act, which outlines state-specific regulations on aspects like opening and closing hours, holidays, and leave policies. This proactive approach fosters a business-friendly environment while prioritizing employee welfare.

Delhi Shops and Establishment Act

As the national capital and a thriving business hub, Delhi enforces the Delhi Shops and Establishment Act, which applies to a wide range of businesses, from small shops to large commercial enterprises. This Act regulates key areas such as working hours, overtime policies, and employee benefits. Compliance is crucial for businesses operating in the core of India.

Kerala Shops and Establishment Act

Kerala, celebrated for its high literacy and progressive social policies, enforces the Kerala Shops and Establishment Act, underscoring the state’s commitment to workers’ rights. This Act addresses areas like minimum wages, working hours, and leave entitlements, reflecting Kerala’s emphasis on social welfare through its comprehensive business regulations.

Shops and Establishments Act Registration Process

The registration process under the Shops and Establishments Act consists of several detailed steps essential for ensuring that businesses operate both legally and ethically.

Shops and Establishments Act License Fees

The fees for obtaining a Shop and Establishment Act license are generally affordable, encouraging compliance across businesses of all sizes. Fee structures vary significantly by state and are often determined by factors like the number of employees and the type of business.

Renewing Shops and Establishments Act Registration

Shop and Establishment Act registration is not a one-time requirement but an ongoing obligation for businesses. Keeping your registration current is just as important as the initial registration. Renewal is essential to uphold legal compliance, maintain ethical employment standards, and ensure smooth business operations.

Other Considerations for Renewals

Timing is a critical factor in the renewal process. Businesses must stay aware of the expiration date of their Shop and Establishment Act registration and submit renewal applications well in advance to prevent any compliance lapses. Delaying renewal can lead to penalties, legal complications, and possible disruptions in business operations.

Benefits of Timely Renewal

  • Ongoing Legal Compliance: Renewing on time ensures your business remains within legal boundaries, helping you avoid fines and legal issues.
  • Smooth Business Operations: A current registration allows for uninterrupted business activities, which is crucial for sectors like retail, hospitality, and service industries that rely on daily operations.
  • Employee Confidence: Timely renewal demonstrates the business’s commitment to following labour laws, fostering greater employee morale and job satisfaction.
  • Enhanced Reputation: Meeting renewal deadlines reflects professionalism and dependability, improving your business’s standing with clients, partners, and other stakeholders

Conclusion

Comprehending and adhering to the Shops and Establishments Act is crucial for businesses operating in India. This legislation plays a pivotal role in ensuring that businesses are legally compliant and provides a framework for maintaining a healthy and balanced work environment. By understanding the specific regulations applicable in each state, businesses can ensure that they meet the necessary requirements for operation and create a workplace that is both ethical and lawful. Furthermore, diligent attention to the registration and renewal process under this Act helps businesses avoid potential legal complications, fines, or disruptions to operations. It is, therefore, imperative for businesses to stay informed about the ever-evolving legal landscape in their respective states and remain committed to upholding the standards set by the Shops and Establishments Act.

EPFO Boosts Auto-Mode for Faster Claims and Financial Security

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Blogs

EPF Scheme: Financial Security for Your Future

The Employees’ Provident Fund (EPF) scheme secures employees’ futures through a welfare initiative. Under this scheme, both employers and employees contribute to a Provident Fund (PF) account. Employees can access their accumulated funds when they retire or leave their job. Additionally, employees can make advance withdrawals from their PF account for conditions such as illness, housing, education, or marriage.

During the COVID-19 pandemic, the Employees’ Provident Fund Organisation (EPFO) faced a surge in advance withdrawal requests and managed thousands of claims each week. To address this issue, the EPFO introduced its first fully automated claim settlement system, which processes claims without human intervention. This automation greatly relieved fund members by settling around 54 percent of COVID-19-related claims through the auto mode and cutting the settlement time from 10 days to just 3 days. The EPFO initially introduced this automated system specifically for illness-related advance withdrawals under para 68J of the scheme. Para 68J of the Employees’ Provident Fund Scheme, 1952, lets members and their family members advance withdraw Provident Fund for illness-related reasons.

To keep its members informed and up-to-date, the EPFO expanded the auto claim settlement system to cover education and marriage under Rule 68K, and housing under Rule 68B. The EPFO announced this expansion in a press release on May 13, 2024. This update allows members to make advance withdrawals for marriage or education for themselves and their children. Rule 68B permits advance withdrawals from the PF account to buy or construct a house. Additionally, the EPFO increased the maximum amount for auto claim settlements from ₹50,000 to ₹1,00,000 to enhance the quality of life for millions of fund members nationwide.

In the financial year 2023-24, the EPFO settled approximately 4.45 crore claims, with over 60% (2.84 crore) being advance claims. Out of these advance claims, around 89.52 lakh were processed using the auto mode.

Without the auto claim settlement system, members usually waited 10-20 days for the withdrawal amount to reach their bank accounts. The auto mode significantly speeds up this process. To use the system, members must have a Universal Account Number (UAN), an Aadhar card, a PAN card, and a bank account linked to their UAN. Members then access the EPFO online portal, complete claim form 31C, and specify the reason for the advance withdrawal.

Advance claims are settled within 3 days of receipt by the EPFO. This method is much faster than the traditional process, which involves verifying the EPF member’s eligibility, reviewing submitted documents, checking KYC status, and confirming bank account details. The auto mode, which operates without human intervention, automatically processes claims that meet KYC, eligibility, and bank validation criteria using IT tools. If a claim isn’t validated and isn’t returned or rejected, it indicates that it has been sent for a second level of scrutiny and approval.