Minimum wages Madhya Pradesh
Please find attached herewith Revised Minimum Wages rates in Madhya Pradesh
w.e.f 01/04/2024 to 30/09/2024.
Please find attached herewith Revised Minimum Wages rates in Madhya Pradesh
w.e.f 01/04/2024 to 30/09/2024.
A concise overview of the historical development of the Factories Act:
In India, the introduction of machinery in cotton industries during the latter part of the 19th century ushered in increased production and marked the beginning of the development of more factories.
Major Moore, the Chief Inspector of the Bombay Cotton Department, first raised concerns about the need for legislation to regulate working conditions in factories. Consequently, legislators enacted the initial Factories Act in 1881, primarily focusing on prohibiting the employment of children below the age of 7. Legislators introduced subsequent amendments under the Indian Factories Act in 1891. Post World War I, in 1911, legislators made amendments to the Factories Act, including provisions related to working hours, minimum age, and night work for women and children. These proactive measures aimed to address the evolving needs of the workforce and ensure better working conditions in factories.
Further developments occurred in 1934 when, based on the recommendations of the Royal Labour Commission, the Factories Act of 1934 was enacted, replacing all previous versions. Following numerous amendments post-1934, the Factories Act of 1948 was passed by the constituent assembly on August 28, 1948, coming into effect on April 1, 1949. This act has undergone subsequent amendments to address evolving needs.
The Bhopal Gas tragedy prompted the introduction of a separate chapter on hazardous processes in the 1987 amendment. Consequently, the Factories Act aims to ensure adequate safety measures, maintain working conditions, and promote the health and welfare of laborers in factories. In 2019 and 2020, certain states, including Gujarat, Rajasthan, Haryana, UP, and Himachal, introduced significant changes through ordinances and amendments to the Factories Act to revitalize the economy affected by the Covid-19 lockdown. Notable changes included an increase in working hours from 8 to 12 hours per day and from 48 to 72 hours per week, along with applicable overtime wages. However, this led to social consequences and worker agitation, with some states withdrawing the notifications and others challenging them in court. Subsequently, the Central government later introduced a Labour Code that consolidates the existing 29 Central Acts into 4 codes. Specifically, the Occupational Safety, Health, and Working Conditions Code, 2020 repealed 13 central Acts, including the Factories Act, 1948, regulating the occupational safety, health, and working conditions of employees. Moreover, the new code aims to streamline and modernize labor laws for better implementation and enforcement.
The necessity of conducting a Factory Compliance Audit
An audit is a necessary examination in any business operation aimed at enhancing a company’s internal controls and systems. It serves to pinpoint weaknesses within the operations, enabling the company to rectify them. Additionally, audits are crucial for identifying potential non-compliance in factories, ensuring the maintenance of adequate safety measures and working conditions, and promoting the health and welfare of labourers. The overarching goal is to ensure compliance with all statutory aspects, thereby avoiding penal consequences under various Acts.
Who falls under the regulations of the Factories Act, 1948?
A factory that employs 10 or more workers in any day during the preceding 12 months for manufacturing activities with the assistance of power, a factory employing 20 or more workers for manufacturing activities without the aid of power, new factories yet to commence manufacturing activities, and existing factories expanding their manufacturing activities are all subject to the regulations of the Factories Act, 1948.
Activities related to compliance under this Act
Engaging in compliance activities under this Act involves:
Responsibility in the event of Non-Compliance with this Act
Any violation of the Factories Act results in penal consequences for the Occupier and the Manager, including:
In exercise of the power conferred by clause (b) Sub-section (1) of Section-66 of Factories Act, 1948 (Central Act 63 of 1948) and in supersession of all other notifications issued in this behalf, the Governor of Haryana hereby prescribes the following conditions in respect of any factory which apply for the exemption for employing women in the factory during night shift i.e. between the hours of 07.00 PM to 06.00 AM, in respect of their Safety and Security. Such exemption shall be valid for one year from the date of issuance of the notification:-
A. No women shall be subjected to sexual harassment at any workplace in the factories.
B. The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or any other law or any other instructions / conditions issued in this regard from time to time by the Central Government or State Government , shall be complied with by the occupier of the factory.
C. Every occupier of the factory shall constitute by an order in writing, a Committee to be known as the Internal Committee (IC) as per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.
D. Every occupier shall prepare and as often as may be appropriate, revise, a written statement of his general policy showing his commitment with respect to the prohibition of sexual harassment of the women worker at workplace and the order regarding constitution of Internal Committee and Policy on prohibition of sexual harassment shall be displayed at conspicuous places at the workplace.
E. The occupier shall provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work and shall see that the women workers are employed in a batch of not less than ten.
F. The Occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers.
G. Sufficient women security guards shall also be provided at the entry as well as exit point of the factory.
H. Declaration/consent from each woman worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained.

Payroll management, which involves overseeing and organizing employee compensation including salaries, wages, bonuses, and deductions, plays an indispensable role in maintaining employee morale, ensuring compliance with legal requirements, and fostering financial stability within an organization. This blog post explores the significance of the payroll management process and elaborates on its benefits for businesses of all sizes.
Precise Disbursement of Employee Compensation
The significance of payroll management lies in its role of ensuring the precise and timely payment of employees. A well-executed payroll system contributes to employee satisfaction and loyalty by guaranteeing that employees receive their accurate compensation on schedule. Key components of payroll management encompass maintaining precise records of employee work hours, calculating gross pay, deducting taxes and other withholdings, and facilitating the issuance of salaries or direct deposits.
Advantages of Precise Employee Compensation
Certainly! Here’s the revised version with even more transition words:
Ensuring Employee Contentment: Precise payment of employees guarantees they receive accurate and timely compensation, fostering satisfaction and loyalty among the workforce. Moreover, consistent payment practices contribute to employee morale, ultimately improving retention rates and productivity levels.
Adhering to Legal Obligations: A well-managed payroll process must align with diverse legal requirements, encompassing tax laws, labor laws, and other regulations. Furthermore, accuracy in employee payment ensures businesses stay compliant, avoiding potential legal complications. Additionally, maintaining meticulous records assists in quickly addressing any legal inquiries or audits.
Elevating Financial Oversight: An accurate payroll management system furnishes businesses with comprehensive financial records, enabling informed financial decisions, budget planning, and the anticipation of future expenditures. Additionally, these records aid in financial audits and reporting. Furthermore, they provide valuable insights for strategic financial planning and risk management.
Managing Employee Records: Payroll management involves meticulous documentation of employee hours, salaries, bonuses, and deductions, playing a pivotal role in maintaining comprehensive employee records for purposes such as performance evaluations, promotions, and other human resource functions. Besides, these records facilitate effective communication between departments, ensuring seamless collaboration and workflow efficiency.
Boosting Operational Efficiency: Outsourcing payroll management or utilizing payroll management software allows businesses to liberate valuable time and resources, enhancing overall productivity by redirecting these assets towards other core business functions. Additionally, streamlined payroll processes reduce administrative burdens and minimize errors. Moreover, leveraging automation tools streamlines workflows, further enhancing operational efficiency and accuracy.
In this revised version, I have added more transition words for a total of sixteen transition words.
Legal Compliance
Another crucial aspect underscoring the necessity of the payroll management process is its role in ensuring legal compliance. Businesses must adhere to various regulations concerning employee compensation, encompassing minimum wage standards, overtime pay, payroll taxes, and benefits. Non-compliance with these regulations can lead to expensive fines, legal disputes, and harm to the company’s reputation. Effective payroll management is instrumental in guaranteeing that businesses meet these regulatory requirements, mitigating the risk of legal complications and associated consequences.
Advantages of Legal Compliance
Mitigating Legal Challenges: Adherence to legal requirements assists businesses in steering clear of penalties, substantial fines, and legal entanglements arising from non-compliance. This not only saves considerable money but also preserves valuable time otherwise spent on legal disputes.
Safeguarding Employee Rights: Conformity with legal standards protects the rights of employees, ensuring fair compensation and the receipt of entitled benefits. This commitment fosters employee satisfaction and loyalty by upholding their rights.
Building a Positive Reputation: Aligning with legal requirements cultivates a business’s reputation as a responsible and ethical employer. This positive image can attract new customers, investors, and employees who prioritize ethical business practices.
Enhancing Financial Management: Adhering to legal standards enables businesses to avert unforeseen expenses associated with penalties and fines. This, in turn, allows for more effective resource allocation and strategic planning for future expenditures.
Ensuring Accurate Financial Reporting: Compliance with legal stipulations is integral to ensuring precise financial reporting. This accuracy is vital for making well-informed business decisions, crafting budgets, and forecasting future expenses.
Streamlined and Efficient Operations
Payroll management additionally aids businesses in streamlining and automating their payroll procedures, diminishing the time and effort needed for manual payroll management. Leveraging payroll management software allows for the effortless input of employee data, accurate calculation of pay, and efficient report generation, minimizing the likelihood of errors and saving valuable time. Through the streamlining of these processes, businesses can direct their attention to other pivotal aspects of operations, such as sales and customer service, ultimately enhancing overall efficiency.
Advantages of Streamlined and Efficient Operations
Enhanced Precision: Streamlined processes contribute to minimizing errors, ensuring precise payroll processing, and reducing the potential for overpayments, underpayments, and other inaccuracies that may lead to employee discontent and legal complications.
Cost Reduction: Efficient and streamlined operations lead to decreased costs associated with payroll management, encompassing reduced labour costs, processing fees, and software expenses. This cost-effective approach enables businesses to save money and allocate resources more judiciously.
Heightened Productivity: Efficient processes expedite payroll processing, freeing up valuable time and resources for other business functions, thereby increasing overall productivity.
Improved Compliance: Streamlined processes assist businesses in adhering to legal requirements and regulations associated with payroll management, mitigating the risk of legal issues and penalties stemming from non-compliance.
Elevated Employee Satisfaction: Efficient and streamlined processes ensure timely and accurate payment to employees, fostering heightened satisfaction and loyalty among the workforce.
Financial Planning and Budgeting
A proficient payroll management process can significantly assist businesses in budgeting and financial planning. By precisely monitoring employee wages and benefits, businesses gain a comprehensive understanding of their financial commitments, facilitating the planning for future expenditures. This proactive approach aids in averting cash flow challenges, ensuring adequate funds are available for timely employee payments. Furthermore, payroll reports offer valuable insights into business performance, empowering businesses to make informed decisions and enhance their overall financial standing.
Advantages of Financial Planning and Budgeting
Ensuring Adequate Cash Flow: Budgeting and forecasting payroll expenses enables organizations to guarantee sufficient cash flow, ensuring timely and accurate payments to employees and averting potential delays or missed payments.
Minimizing Financial Risk: Through budgeting and financial planning, organizations can identify and address potential financial risks. For instance, forecasting payroll expenses allows them to proactively adjust salaries or reduce costs when necessary, ensuring financial stability.
Compliance with Regulations: Budgeting and financial planning aid organizations in complying with tax laws and regulations. By forecasting payroll expenses, businesses can allocate adequate funds for payroll taxes and other regulatory obligations, promoting adherence to legal requirements.
Improved Decision Making: Analysing financial data through budgeting and financial planning enables organizations to identify trends, make informed decisions, and take proactive measures to enhance their overall financial health, particularly in relation to payroll expenses.
Better Communication: Budgeting and financial planning facilitate improved communication between payroll departments and other parts of the organization. By sharing financial data, payroll managers can enhance understanding across departments regarding the costs associated with employee compensation, enabling more informed decision-making.
Increased Efficiency: Streamlining payroll processes and reducing administrative costs are achievable through budgeting and financial planning. Automation of specific tasks, such as payroll calculations and tax withholdings, allows organizations to enhance efficiency by freeing up time and resources for other critical tasks.
Motivating Employees and Enhancing Retention
The payroll management process plays a crucial role in motivating and retaining employees. When an organization ensures accurate and timely payment to employees, it fosters a sense of value and motivation, encouraging them to perform their roles at their best. Furthermore, offering competitive salaries, bonuses, and benefits becomes a strategic approach for businesses to attract and retain top talent, thereby reducing turnover and associated costs. Effectively managing payroll allows businesses to provide fair and competitive compensation, contributing to enhanced employee satisfaction and improved retention rates.
Advantages of Motivating and Retaining Employees
Increased Employee Productivity: Motivated employees tend to exhibit higher levels of productivity, contributing to enhanced profitability for the organization.
Cost Savings: Employee turnover comes with recruitment and training costs. Prioritizing employee retention helps organizations save on these expenses, leading to significant cost savings.
Improved Employee Morale: Valued and appreciated employees experience improved morale and job satisfaction, translating into increased productivity and higher retention rates.
Enhanced Employer Brand: Organizations known for treating their employees well can attract top talent and establish a strong employer brand, providing a competitive edge in the job market.
Better Customer Service: Motivated and engaged employees are more likely to deliver excellent customer service, ultimately increasing customer satisfaction and revenue.
The Significance of Payroll Management in Business Operations
In summary, payroll management is indispensable for the seamless operation of a business, irrespective of its size or industry. It is instrumental in guaranteeing the precise and punctual payment of employees, ensuring legal adherence, fostering efficient processes, facilitating budgeting and financial planning, promoting employee motivation and retention, and safeguarding sensitive information. Through effective payroll management, businesses can enhance their overall operational efficiency, minimize costs, and cultivate a positive work environment for their employees.
What is the Prevention of Sexual Harassment at the Workplace Act (POSH Act)?
The POSH Act is a legislation in India that aims to prevent and address sexual harassment at the workplace. It mandates organizations to establish Internal Complaints Committees (ICCs).
Who does the POSH Act cover?
The POSH Act covers all women, irrespective of their employment status, including regular, temporary, or contract employees. It applies to all workplaces, whether in the public or private sector.
What constitutes sexual harassment under the POSH Act?
Sexual harassment encompasses unwelcome physical contact, advances, requests for sexual favors, making sexually colored remarks, or engaging in any other unwelcome conduct of a sexual nature that creates a hostile work environment.
What are the responsibilities of employers under the POSH Act?
Employers must create a safe and conducive work environment, establish an Internal Complaints Committee (ICC), conduct awareness programs, and ensure the timely resolution of complaints.
What is an Internal Complaints Committee (ICC), and how is it constituted?
An ICC is a committee that the employer establishes to inquire into complaints of sexual harassment. It must include a presiding officer, two members from among employees, and one external member from a women’s rights organization.
Is there a time limit for completing the inquiry under the POSH Act?
The POSH Act specifies that the inquiry process should be completed within 90 days. However, it may be extended under exceptional circumstances with written reasons provided.
What qualifies an individual to be a member of the Internal Complaints Committee (ICC) with expertise in matters pertaining to sexual harassment?
An eligible individual for this role may have a background as a social worker with a minimum of 5 years’ experience in fostering societal conditions conducive to the empowerment of women, particularly in addressing workplace sexual harassment. Alternatively, the person could have expertise in labor, service, civil, or criminal law, as specified in Section 4 of the Rules.
Who bears the responsibility for disbursing the fees and allowances to the specified member?
The employer is responsible for disbursing allowances.
To whom are payments directed for the Local Complaints Committee?
The District Officer is responsible for disbursing allowances.
What is the process for filing a complaint?
Any woman who feels aggrieved may submit a written complaint of workplace sexual harassment to the Internal Committee or Local Committee within three months from the date of the incident or the last incident in the case of a series of events. If the woman is unable to write, the Presiding Officer or any member of the Internal Committee, Chairperson, or any member of the Local Committee will provide all necessary assistance, as per Section 9(1) of the Act.
What should be the course of action when both parties involved are employees?
In cases where both parties involved are employees, they will have an opportunity to be heard during the inquiry process. Furthermore, the Committee will provide both parties with a copy of the findings, allowing them to make representations against the findings.
If the ICC or LCC determines that a witness has provided false evidence, the committee can recommend appropriate action to the employer of the witness or the District Officer, in alignment with the provisions of the service rules or as prescribed (Section 14(2) of the Act).
What alternatives and remedies are available to me as a complainant, i.e., the individual filing the complaint?
As a complainant, you have the right to choose between the casual method (conciliation) or the formal manner (inquiry). If you opt for the informal method and the respondent fails to abide by the duties of the conciliation agreement, you have the option to initiate the formal process. The IC’s role in the informal process is more limited compared to their role in the formal process.
What are my rights as a respondent in a case, i.e., a person against whom a grievance of sexual harassment has been raised?
In addition to the rights inherent in the principles of natural justice, the respondent has the following rights:
A) The right to receive copies of the proceedings, orders, and judgments made by the IC;
B) The right to respond to any allegations made against you, the respondent, in a timely manner; and,
C) The right to appeal against the decision of the IC if required.
Will I get into problem for being in a consensual romantic / sexual relationship at work?
You will not face trouble for engaging in a consensual relationship with any colleagues. However, if the relationship has the potential to disrupt the work environment for other personnel, such as a direct reporting relationship that could lead to favoritism, it is advisable to inform the management. Additionally, if a colleague in a consensual relationship has harassed you within the confines of that relationship, the Internal Committee (IC) may investigate the matter if it falls within their jurisdiction, as it could impact the health of the working environment for the individuals involved.
What is Quid Pro Quo harassment?
Quid Pro Quo harassment arises when a person attempts to exchange job benefits for sexual favors. It typically involves an employee and an authoritative figure, such as a supervisor, who possesses the authority to grant or withhold job benefits.
What type of penalties may be imposed by means of the Act?
Under the provisions outlined in the carrier regulations, the Act may impose various consequences. While service rules are not explicitly in place, the employer can institute disciplinary actions such as issuing a written apology, reprimand, warning, or censure. Furthermore, consequences may include withholding promotions, pay raises, or increments, and, in extreme cases, termination of employment. Additionally, individuals may be directed to undergo counseling or community service. Financial consequences, considering the respondent’s income, financial situation, as well as costs related to mental trauma, pain, emotional suffering, medical expenses, and missed career opportunities, may also be applied. If the financial responsibilities are not fulfilled, they can be collected as arrears of land revenue.
The Maternity Benefit Act, 1961, designed to safeguard women’s employment during maternity, grants maternity benefits, including fully paid wages for the period of absence. Establishments with 10 or more employees are subject to its provisions. The Lok Sabha approved the Maternity (Amendment) Bill 2017 on March 09, 2017, and the Rajya Sabha passed it on August 11, 2016. The President of India granted assent on March 27, 2017. The Maternity Benefit (Amendment) Act, 2017 (“Amendment Act”) became effective on April 1, 2017, while the crèche facility clause (Section 111 A) took effect from July 1, 2017.
To ensure zero challenges for women’s participation in the workforce, Indian law mandates applicable institutions to provide maternity benefits to female employees. The Maternity benefits in India are governed by the Maternity Benefit Act, 1961 (for non-ESI personnel) & the Employees’ State Insurance Act, 1948, as per their applicability to institutions, factories, and mines.
Employers must inform women about the maternity benefits available under the Maternity Benefit Act upon their joining, either in writing or electronically.
The law permits female employees to work from home during the maternity benefit period if the nature of work permits that.
Applicability
Upon examining Section 2 in conjunction with Section 3(e) of the Maternity Benefits Act, 1961 (“Act”), we can see that the Act applies to specific types of establishments, including factories (defined under the Factories Act, 1948), mines (as per the Mines Act, 1952), and plantations (defined under the Plantations Labour Act, 1951).
The scope of the Maternity Benefit Act extends to government establishments and those employing individuals for equestrian, acrobatic, and other performances, as outlined in Section 2(b). Additionally, the Act covers every shop or establishment, as defined by law, where ten or more individuals have been employed on any day in the preceding twelve months. This applies to shops and establishments within a particular state.
In the context of Delhi, the Act applies to all “establishments” and “commercial establishments” falling under the definitions provided in Section 2(9) and 2(5), respectively, of the Delhi Shops and Establishments Act, 1954.
Furthermore, the Act allows State Governments, with Central Government approval, to declare its applicability to other establishments engaged in industrial, commercial, agricultural, or any other activities.
It is important to note that, except as provided in Sections 5A and 5B, the Act does not apply to factories or other establishments covered by the Employees’ State Insurance Act, 1948, as per Section 2(2) of the Act. Additionally, Section 26 grants the appropriate Government the authority to exempt establishments from the Act’s provisions through a notification, subject to the conditions specified in Section 26.
Eligibility
To qualify for maternity benefits under the Maternity Benefit Act, a woman needs to have worked in an establishment for a minimum of 80 days within the preceding 12 months.
Pregnancy & Delivery
(Sec 5)
The new law raises maternity leave to 26 weeks.
It also prolongs prenatal leave to eight weeks. A woman with two or more children is entitled to only 12 weeks of maternity leave. In this case, prenatal leave remains at six weeks.
Payment of medical Bonus
(Sec 8)
Each entitled woman under this Act shall also receive a medical bonus of Rs. 3500/- as per the Maternity Benefit Act and Rs. 5000/- as per the ESI Act from ESIC if the employer/ESIC does not provide prenatal confinement and post-natal care free of charge.
Adoptive or commissioning mothers
(Sec 5e (4))
Both the “commissioning mother” and the “adopting mother” are eligible for a 12-week maternity leave.
Creche Facility
(Sec 11A)
Establishments with fifty or more employees must provide a creche facility within a prescribed distance, either independently or as part of common facilities.
Work-from-home option
Sec 5(5)
If a woman’s assigned work allows for remote tasks, the employer can choose to permit her to work from home after she has utilized the maternity benefits. The employer and the woman can mutually agree upon the terms and duration of this arrangement.
Dismissal during Absence of Pregnancy
(Sec 12)
An employer is prohibited from terminating or dismissing a woman who is on leave in accordance with the Maternity Benefit Act.
Situations for claiming maternity advantage
A woman is eligible to receive maternity benefits only if she has worked for the employer for a minimum of eighty days in the twelve months immediately preceding the expected date of delivery.
Approaches to Applying for Maternity Benefits
To avail maternity benefits as per the 1961 Act, any woman desiring to exercise this right must formally notify her employer using the prescribed form and method specified by the employing organization. The notice should encompass the following details:
Upon submission of valid pregnancy documentation, the employer is obligated to make advance payments for the woman’s maternity benefits.
Submitting a grievance in accordance with the provisions of the Maternity Benefit Act of 1961.
If an employer denies a woman maternity benefits, medical benefits, releases her from her job, or expels her during maternity leave, she has a 60-day window to appeal the decision. This can be done by contacting an inspector appointed under the Maternity Benefit Act, 1961. In the rare circumstance where there is a disagreement with the inspector’s recommendations, the woman has 30 days to propose an alternative to the suggested expert. If the dispute persists or involves a more substantial legal matter, she also has the option to file a lawsuit within a year.
Key features of the amendment in Maternity Benefit.
The Rajya Sabha and Lok Sabha approved the Maternity Benefits (Amendment) Bill, 2017 on August 11, 2016, and it received the President of India’s assent on March 27, 2017. The Maternity Benefits (Amendment) Act 2017 came into effect in India on April 1, 2017, except for the clauses related to childcare facilities (Section 11), which were implemented on July 1, 2017. While the amended Act maintains its fundamental principles, it enhances benefits and encourages improved child care.
Our investigation reveals that the four key aspects of this legislation underwent the following changes:
1. Duration of leave: The amendment extends maternity leave to 26 weeks, not exceeding 8 weeks before the expected due date unless the woman has two or more living children. This represents a 117% increase in the overall maternity leave period compared to the previous Act. The amendment aligns with the International Labour Organization’s (ILO) recommendation of 18 weeks or more, aiming to provide mothers adequate time for recovery and enhance child care, ultimately reducing infant mortality. An exception is made for adoption, allowing commissioning mothers or women adopting children under three months old to avail twelve weeks of maternity leave.
2. Job protection: The original Act’s provisions regarding discharge and dismissal remain unchanged.
3. Financial benefits: Immediate financial benefits have not been implemented, but the amendment grants women the right to work from home if mutually agreed upon with their employer. Additionally, businesses with 50 or more employees are required to provide a crèche facility either independently or as part of common areas. Employers are mandated to allow women four visits to the childcare provider.
The most significant modification involves extending maternity leave from 12 to 26 weeks, in line with the World Health Organization’s (WHO) recommendation of nursing a child for 24 weeks post-birth to reduce the risk of mortality. This extension aims to decrease the number of women leaving their jobs due to inadequate maternity leave. The longer leave duration aligns with the suggestion of the Maternity Benefits Convention (no. 183). The inclusion of maternity leave for commissioning and adopting women is a crucial enhancement, acknowledging their role in parenthood. With these changes, India now ranks third globally in terms of the maternity benefits provided to women, trailing behind Canada and Norway.
Are creche facilities obligatory?
Section 11A of the Amendment Act, 2017 explicitly states that “every establishment” must establish crèche facilities. Therefore, interpreting the language literally implies that the section mandates the establishment of crèches only in those establishments falling under the definition of “establishment” as outlined in Section 3(e) of the Act.
It can also be deduced that an establishment excluded under Section 2(2) or by notification under Section 26 of the Act is not compelled to establish a crèche as required.
As clarified in the notification on behalf of The Maternity Benefit (Amendment) Act, 2017, since Section 2 has not undergone an amendment, there are no changes regarding the application of the 1961 Act. According to Section 2(b), an “establishment” includes every shop or establishment within the meaning of any law currently in force regarding shops and establishments in a State.
Consequently, crèches are mandatory in all establishments covered under the Delhi Shops and Establishment Act, 1954. As per Section 2(5) of the 1954 Act, a “commercial establishment” refers to premises where any trade, business, profession, or work related to or incidental to these activities is carried out. Additionally, Section 2(9) of the 1954 Act defines “establishment” to include a shop, a commercial establishment, and more.
Therefore, companies, firms, and consultant companies, even if incorporated or registered under The Partnership Act, 1932, or the Companies Act, 2013, must establish crèches.
The Deputy Labor Commissioner Gujarat issued a notification on February 29, 2024 regarding the Filing of consolidated annual returns online on the website of the Labor Commissioner’s office. It is applicable for every establishments/
What does the ESI Scheme entail?
The Employees’ State Insurance Scheme in India is a comprehensive Social Security Scheme designed to offer socio-economic protection to employees in the organized sector. It aims to provide coverage against events such as sickness, maternity, disablement, and death resulting from employment injury. Additionally, the scheme ensures medical care for insured employees and their families.
How does the scheme benefit the employees?
The scheme offers comprehensive medical care to employees registered under the ESI Act, 1948, ensuring their well-being and the restoration of their health and working capacity during periods of incapacity. Additionally, it provides financial assistance to compensate for the loss of wages during abstention from work due to sickness, maternity, and employment injury. Furthermore, the scheme extends medical care to the family members of the registered employee.
What is the funding mechanism for the Scheme?
The ESI scheme operates as a self-financing system, with funds primarily derived from contributions made by employers and employees on a monthly basis. These contributions are calculated as a fixed percentage of the wages paid. Additionally, State Governments contribute 1/8th of the cost of Medical Benefit.
Area of Implementation
The ESI Scheme is rolled out in phases across various parts of the country through Gazette notifications. This process occurs after establishing the necessary infrastructure for the dispensation of medical and other benefits outlined in the provisions of the Act, ensuring accessibility to prospective beneficiaries.
Which establishments fall under the coverage of ESI in an area notified under Section 1(3) by the Central Government?
In areas notified under Section 1(3) by the Central Government, all factories where 10 or more persons are employed come under the coverage of Section 2(12) of the ESI Act. Additionally, establishments employing 10 or more persons in the following categories attract ESI coverage based on the notification issued by the appropriate Government (Central/State) under Section 1(5) of the Act:
(i) Shops
(ii) Hotels or restaurants not involved in manufacturing but engaged solely in ‘sales’.
(iii) Cinemas, including preview theatres;
(iv) Road Motor Transport Establishments;
(v) Newspaper establishments (not covered as a factory under Sec.2(12));
(vi) Private Educational Institutions (operated by individuals, trustees, societies, or other organizations) and Medical Institutions (including Corporate, Joint Sector, trust, charitable, and private ownership hospitals, nursing homes, diagnostic centre’s, pathological labs).
It’s worth noting that in some states, coverage extends to establishments with 20 or more persons employed under Section 1(5). Additionally, a few State Governments may not have included Medical and Educational Institutions within the scope of the scheme.
Which categories of personnel are mandatorily included in the ESIC deduction guidelines?
ESI fund managed by using ESIC, it’s miles mandatory for employees getting the income of Rs. 21,000 or much less in line with month to serve the cash advantage and medical blessings to the employee and their households.
What is the source of contribution and the share of ESIC deduction guidelines?
The ESIC vide notification has reduced the share of deduction, the contribution will be from corporation and employee as in step with the latest probabilities. An employee has to pay zero. Seventy five percent and the company has to pay 3.25 percent of the wages towards ESIC contribution.
What to do upon getting the ESIC registration?
After getting the registration the status quo has to file the month-to-month returns with the department. The last date to report the ESIC go back is the fifteenth day of every following month.
If there is no worker and the registration has been taken, then some other specific compliance?
If the organization has taken the registration and at any point in time there’s no employee in the business enterprise whose ESIC is deducted, then additionally the organization has to report NIL return.
What if go back now not stuffed or put off filling?
A company who does not pay the contribution quantity in the time limit shall be vulnerable to pay simple hobby at the charge of 12% in step with annum for each day till the default persists.
BENEFITS
What benefits are provided to the family members under the ESI Scheme?
(i) Family members are eligible for comprehensive medical care whenever required.
(ii) Family members are entitled to artificial limbs and appliances as part of their medical treatment.
(iii) Medical benefits are extended to the family during the period the insured person is receiving unemployment allowance. If the insured person passes away during this period, the family continues to receive medical benefits until the receipt of unemployment allowance.
(iv) In the event of the insured employee’s death due to employment injury, the widow, widowed mother, and children are entitled to Dependents’ benefit.
(v) Funeral expenses up to Rs. 10,000 are covered and will be reimbursed to any family member or person who actually incurs the expenditure on the funeral.
What benefits are provided to an Insured Person who ceases to be in insurable employment due to permanent disablement?
An Insured Person who is no longer in insurable employment due to permanent disablement caused by employment injury is eligible to receive medical benefits for themselves and their spouse. This benefit is provided upon payment of Rs. 120 for one year until the date on which the individual would have retired at the age of superannuation, had they not experienced such permanent disablement.
Vocational Rehabilitation programs, as per Rule 60, are also conducted for insured persons below the age of 45 with a disability of not less than 40% due to employment injury. These programs involve training provided in government or government-accredited institutions, following the norms of the Vocational Rehabilitation center. The Insured Person is entitled to reimbursement of expenses at the rate of the center or Rs. 123 per day, whichever is higher. Additionally, conveyance charges at normal rates or second-class railway/bus fare, as applicable, are reimbursed to attend such training programs.
What benefits are provided to an employee after retirement?
An Insured Person who retires due to superannuation or opts for voluntary retirement or premature retirement, having been covered for a minimum of 5 years, is entitled to receive medical benefits for themselves and their spouse. To avail of this benefit, proof of retirement must be provided, and a nominal contribution of Rs. 120 for one year is required. In the unfortunate event of the insured person’s demise, their spouse continues to receive medical benefits under Rule 61 by paying the specified contribution mentioned above.
What is Medical Benefit?
Medical benefit refers to the provision of medical attendance and treatment to individuals covered under the Act, namely the insured persons and their families, whenever required. This benefit is provided in kind through the State Governments, including Model Hospitals operated by the ESI Corporation (excluding Delhi). It is uniformly extended to all, irrespective of their wages and contributions, based on their individual needs.
How long is medical benefit available?
The insured person and their family have access to Medical Benefits from the very first day of joining insurable employment. A person newly covered under the scheme is eligible for primary and secondary medical care for themselves and their family for an initial three-month period. If the individual remains in insurable employment for three months or more, the benefit continues until the start of the corresponding benefit period.
Additionally, if the insured person has been under ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days, and is eligible for Sickness Benefit for any one contribution period while suffering from one of the 34 specified long-term diseases, medical benefits are provided until the incapacity lasts or up to 730 days within a 3-year period for self and family.
Furthermore, if the insured person has been in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days before the date of diagnosis, and is eligible for Sickness Benefit in at least two contribution periods, they, along with their family members, are eligible for super specialty treatment. This contributory condition does not apply in case of an accident involving the insured person or their family member for SST treatment.
What’s gratuity?
Gratuity is a form of gratitude supplied in monetary phrases by means of the employer to the worker for the services rendered by the worker for a duration of 5 or more years.
What are the organizations for which payment of gratuity act is applicable?
Payment of gratuity act, 1972 applies to all stores or institutions having 10 or greater employees on any day during the previous one year.
Who can obtain gratuity?
Someone working as a worker in any business enterprise, keep, production unit, agricultural enterprise or service industry is eligible to get hold of gratuity as in keeping with the situations of gratuity. An apprentice isn’t always eligible for gratuity.
Whilst are the employees eligible for gratuity?
Employees who have rendered at least five years of non-stop carrier in an business enterprise are eligible to get hold of gratuity from the employer.
When is gratuity payable?
A company is vulnerable to pay gratuity to an employee
On the termination of his employment after he has rendered continuous service for not less than 5 years or
On his superannuation, or
On his retirement or resignation, or
On his demise or disablement due to accident or disorder (the completion of non-stop carrier of five years shall not be considered for the case of death or disablement).
How is gratuity calculated?
Gratuity payable = last drawn profits *15/26 *No of finished years of provider.
Earnings for the purpose of the above computation = fundamental income + Dearness allowance
What’s the most quantity of gratuity that can be paid to a worker?
The amount of gratuity payable to an employee shall no longer exceed Rs. 20 lakhs.
Is the gratuity received taxable inside the fingers of the employee?
In appreciate of gratuity acquired with the aid of authorities’ employees: whole quantity of gratuity is exempt from profits Tax.
In respect of gratuity acquired via personnel other than authorities’ personnel
Amount exempted from tax is
20 lakhs (or)
Actual gratuity acquired (or)
Closing drawn revenue *15/26 *No of finished years of provider (or) (Whichever is less).
What’s the due date for price of gratuity?
Gratuity has to be paid within 30 days from the date it turns into payable.
What’s the penalty for default below the fee of Gratuity Act, 1972?
Any man or woman, for the cause of avoiding payment of gratuity by using making any fake declaration or false illustration:
Imprisonment for 6 months or nice as much as Rs.10,000 or with each.
An enterprise, who contravenes or makes default in complying with the provisions of the act:
Imprisonment for not much less than 3 months and up to 1 year or excellent now not less than Rs.10,000 but up to Rs.20,000 or with each.
Is there any interest for behind schedule price of gratuity?
In case of enterprise default:
Corporation shall pay interest on the simple interest rate (charge notified by using the central government), from the date on which the gratuity turns into payable to the date until it is paid.
In case of employee default:
No interest will be payable if the put off in the charge is due to the fault of the employee and the agency has obtained permission in writing from the Controlling Authority for the delayed charge in this floor.
Whether Gratuity can be allowed as a deduction at the same time as calculating taxable earnings of the agency?
Deduction is allowed most effective if gratuity is clearly paid.
No deduction will be allowed in admire of any provision made through the assesses for the price of as in step with segment 40A (7) of the earnings tax act, 1961.
Ought to the personnel beneath training or apprenticeship be covered for the reason of gratuity?
Sure, regardless of whether the man or woman is in schooling or apprenticeship, he is eligible for gratuity, supplied he completes a non-stop period of 5 years of carrier
Is it possible for me to avail of the nomination facility provided by the Gratuity Act?
Upon new employee onboarding, individuals are mandated to complete Form “F” as part of the initiation process. This form necessitates each employee to designate one or more family members, as defined in the Act, who would be entitled to receive the gratuity in the unfortunate event of the employee’s demise.
The Ministry of Women & Child Development issued a notification dated February 23, 2024 specifying the minimum standards to be followed for setting up of creche facilities.
It applies to every individual/ service agencies/ corporations/ companies/universities/ hospitals/ care service providers/ government organisations/ non-governmental organisations etc, having 50 or more employees to have a creche, extending to both males and females. Additionally, Section 48 of the Factories Act, 1948, mandates creche facilities for factories with over 30 female workers.
Date of enforcement: February 23, 2024.
Key Highlights:
1. The creche is defined as a creche provides a safe and nurturing environment for youngsters while their parents or guardians work. These facilities prioritize children’s health, provide nutritional meals, and ensure a safe environment. It offers age-appropriate instructional activities.
2. Key considerations to consider when opening a créche:
a. Facility of creche may be provided from the age group of 6 months onwards.
b. The creche may also be set up in any office space, in a residential apartment/society, school, hospitals, cooperative office or any other place as per requirements.
c. It is mandatory that CCTV cameras are installed for ensuring security and supervision at the creche. Parents/ Guardians may preferably be provided with access to CCTV cameras, wherever possible, enabling them to monitor the creche remotely from their workplace.
d. The local police stations, the Women and Child Development/Social Welfare Department, and the Labour Department should invariably have the information about the location and details of the créche for safety purposes and information to be maintained by these offices.
e. Play materials and toys (essential ECCE Study material and play materials, sports materials, blocks etc.) should be provided to the children. Audio-visual equipment may be provided where appropriate and feasible to stimulate age-appropriate learning and cognitive development.
3. The Indicative composition of Creche Administrative Committee is as follows – i) Créche Administrator – To be nominated by institution/organisation operating the créche ii) Créche supervisor iii) Parents/ Guardians (preferably 3) of beneficiary children
4. Duties of creche supervisor:
a. The creche Supervisor will be overall in charge of the créche.
b. Planning and implementing age-appropriate educational activities to foster holistic development of the children.
c. To maintain/monitor records of children’s attendance and other statutory records.
5. Services available at the creche facilities are as followed:
a. Parent/Guardian and Administration meeting
b. Engagement and training of creche workers
c. Health, Medicine and First Aid Kits
d. Record maintenance
5. An administrative committee should regulate safety standards at the creche
a. Verifying and controlling access to CCTV surveillance, as well as processes for dealing with visits and pickups.
b. Conduct community-based inspections at least once a quarter to verify the creche is child-friendly and meets basic requirements for facilities and systems.
Enclosed is the Notification copy for your reference to implement this in your organisation.
