Government has notified vide its Notification No. Z-13025/12/2015-LRC Dated: 23rd April, 2018 Draft Labour Code on Occupational Safety, Health and Working Conditions, 2018 for Objections or suggestions, if any by 31st May, 2018. Main Features of Draft Labour Code on Occupational Safety, Health and Working Conditions, 2018 are as follows:-
1. The “Code” replaces below 15 Existing Labour Code’s
(i) Unorganised Workers’ Social Security Act, 2008
(ii) The Mica The Employees’ Compensation Act, 1923
(iii) The Employees’ State Insurance Act, 1948
(iv) The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
(v) The Maternity Benefit Act, 1961
(vi) The Payment of Gratuity Act, 1972
(vii) The Unorganised Mines Labour Welfare Fund Act, 1946
(viii) The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
(ix) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
(x) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
(xi) The Beedi Workers Welfare Cess Act, 1976
(xii) The Beedi Workers Welfare Fund Act, 1976
(xiii) The Cine Workers Welfare (Cess) Act, 1981
(xiv) The Cine Workers Welfare Fund Act, 1981
(xv) The Building and Other Construction Workers Cess Act, 1996
It means, If Employee covers any one or more above act, for them this applies
Employee means:
1. Employed by Principal employer Directly or Indirectly for payment of wages,
2. Employed by the Contactor for part time or Full time
3. Employed by Principal employer or on the contact basics,
4. Working for Administrations or factory worker
5. Retainer ship fees basic
6. Home based worker
7. Trainee
Employee Shall move from
1. UAN-Universal account number (PF)
2. IP – Insured person number
To
VIKSA – Vishwa Karmika Surashka Account / Work’s Social Security Account.
(This Number shall linked to Aadhar)
Employer and Employee Contributions will remitted based on Wages
Wages means:
“Wage” means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such
employment, and includes, –
(i) any remuneration payable under any award or settlement between the parties or order of a court;
(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(iii) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(iv) any house rent allowance but does not include-
(a) any annual bonus payable under the payment of Bonus Act, 1965 , which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;
(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity and expenditure on perquisites incurred by the employer and not paid directly to the employees ;
(c) any contribution paid by the employer to any Social Security fund, and the interest which may have accrued thereon;
(d) Value of any Leave travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(f) Any gratuity payable on the termination of employment in cases other than those specified
(g) Shares, prizes gifts given occasionally.
Wages ceiling :- Govt of india will fix the one selling of wages for Contributions purpose Presently 21,000 for PF and ESIC
Contributions by Employee and Employer
I . Social Security fund
1. Employee Contributions:-
a) Employee not Belong to to SEC* IV —— 12.50% of wages or wages ceiling** (W E L)
b) Employee Belongs to SEC IV —— 0%
*SEC – Social Economics Category
Govt of India will clarify the employees based on Income factor, Social profile other factory as deemed fit into different Category,
**W E L- Whichever is Low
Employer Contributions
1. Max of 17.50% With Consent of Central Govt
II) Gratuity Fund
Employer will remitte 2% of Total Wages/salary paid to employees at completions of one year of Services.
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