A Practical Journal on Labour Laws and HR Management


A monthly journal, Labour Law Reporter, now popularly known and authoritatively referred as LLR, is designed to be useful to the Human Resources People/Personnel Managers, law practitioners as well as those implementing, administering and adjudicating Labour Laws and Industrial Relations. LLR publishes articles, notes and comments, and detailed commentaries on recent cases and legislation in the field of labour laws, besides publishing solutions to the problems on employee-employer relations, ESI, PF, Bonus, Gratuity & all other employment related Acts, applicable especially in the Indian context.  LLR has always kept pace with the changing times. That, not so recent transformation of “Personnel Management” into “Human Resources Management” has been very well spotted by LLR and a segment on Human Resources Management was added, which is now “an inseparable part of the journal”, as remarked by one of the readers of LLR. For over four decades now, LLR is an inseparable stationery on the desk of an HR Professional and a Labour Law Practitioners. Labour Law Reporter is a must-have journal for all those who wish to find a source of quality reading material relating to Employee-Employer Relations, Labour Laws in India and important judgments of Indian Courts in that connection, more particularly with authoritative head-notes and the ratio at a glance.

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Important judgment Apr


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AN EYE OPENER


Written to the PF Commissioner by the Cheif Editor, Labour Law Reporter Mr H L Kumar


Excerpts:


 


"...This circular may appear to be innocuous but the fact is that its implementation will leave to perpetrations and encouragement to the most infamous and draconian Inspector Raj. This will also lead to unnecessary harassment of employers..."


 


READ ON...



JUDGMENTS & NEWS


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PF CEILING TO BE REVISED TO Rs.15,000 [read more]


MINIMUM WAGES IN U.P REVISED w.e.f. 01-04-14. [read more]


MINIMUM WAGES IN DELHI REVISED w.e.f. 01-04-14. [read more]


Minimum Wages in Haryana revised w.e.f. 01-Jan-2014 [read more]


Labour Policies notified in Industrial and Auto sectors by TN Govt. [read more]


Saradha boss gets 3-yr jail for not paying PF [read more]


Special Allowance revised in Maharashtra for Jan to June 2014 [read more]


SEXUAL HARASSMENT POLICY comes into force w.e.f 9th Dec 2013[read more]

6 MONTHS JAIL FOR LIBERTY SHOES DIRECTOR[read more]

MINIMUM WAGES IN PUNJAB ENHANCED w.e.f. 01-09-13[read more]


SALARY CAP TO BE RAISED FOR ESI CONTRIBUTIONS [read more]


CANTEEN ALLOWANCE PART OF BASIC WAGES FOR PROVIDENT FUND DEDUCTION [read more]

Beneficiaries must be identified on demand of Provident Fund dues. Bom.HC 792


Transfer when not mala fide, can’t be challenged. Mad. HC 830


Inordinate and unexplained delay for claiming gratuity not justified. Cal. HC 869


Reinstatement can be substituted by compensation.  P&H HC 812


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PF UPDATE


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EPFO should have issued this circular in October 2011 instead of May 2014

Assessing money for un-identified beneficiaries - liable to be set aside

Purchaser of assets from an establishment - not liable for damages upon unpaid PF dues

Delay in depositing dues to financial crisis not justified to set aside damages as levied

Allowances being paid to all employees will attract contributions

60 instalments allowed for payment because of unsound financial position

Demanding contribution without identification of beneficiaries - not tenable

NO INTEREST OR DAMAGES WHEN DEFAULT IS NOT WILFUL
DEFAULT IN DEPOSIT WHEN NOT WILFUL, PENAL DAMAGES UNJUSTIFIED
LEVY OF DAMAGES - REDUCED TO 5% WHEN DEFAULT NOT WILFUL.
Certified copies of all orders passed by EPF APPELLATE TRIBUNAL are exclusively available with us. You can get a copy by email against a nominal charge of Rs.85 for each order. You can send us your request here


UNBELIEVABLE BUT TRUE! 


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That 240 Indian farmers produce the same amount of food as six million Americans.


That over 200 million Indians in subsistence self employment want wage- employment but there are no jobs 


That Air India has 15 unions whose general secretaries and presidents are given office accommodation, telephone, a number of free passages and leave to discharge union activities.


That the world's largest restaurant chain operator, Yum! Restaurants, which runs KFC, Pizza Hut and Taco Bell in India, is looking to increase its female staff as it plans to add 15,000 employees by end 2015.


That thousands of fatigued security personnel at Indira Gandhi International Airport's T3 are coping with exhausting 15-to-18 hour workdays due to a recent order


That forbids resting or even sitting down while on duty.


That 160 million women in India, 88% of whom are of working age -that is between 15 to 59 years - just remain at home doing "household duties", according to Census data.


That Tata Consultancy Services should soon become the first private sector company in India to employ more than 10,00,000 women.August 2014


That Infosys CEO designate Vishal Sikka will be the highest paid professional CEO of an Indian company who will be getting salary $5.08 million (Rs.30 crore).


That in 2013-14, all-India data show only 2,11,000 apprentices were appointed in industry, which is a negligible number considering that the workforce is growing at 12 million a year.


That China has 5,50,000 vocational institutions, training eight million people a year.  India has about 6,000 such institutes, training about one million people per year.


That 85 per cent of India's manufacturing comes from establishments with less than 49 employees.


That there are 956 Employment Exchanges functioning in the country and as per available data of 2012 over 97.22 lakh people registered themselves while placement in the same year was 4.28 lakh


That India has 43.5 lakh labourers in the age group of 5 to 14, according to the 2011 census.


That 117813454 are the members covered under the Employees Provident Funds and Miscellaneous Provisions as on 31.3.2014.




 



  • That Indian  Railways,  being biggest  employer, has  over  16,00,000  employees.

  • That the  number of trade unions in India had risen  58% from 53,535 in 1991 to 84,642 in  2008.

  • That out of Rs.550 crore in West Bengal  and eastern states default cases, around  Rs.450 crore is stuck in litigations.

  • That minimum wages in India differ with  activity of work and location and vary  from Rs.182 per day in agricultural work  to Rs.410 per day in mining (2011-12).

  • That the eastern region has seen  settlement over 8 lakh cases of provident  fund matters in 2013-14 and Rs.2,400  crore was disbursed from the fund  through withdrawals and advances.

  • That India will require 347 million skilled  workers by 2022 as stated by NDSC.

  • That nearly  one-third of the  Indian  workforce  consists of  casual labour.

  • That about 64%  of the Indian women polled for a survey  believe

  • That the traditional 9 to 5 job  would become obsolete and flexible  hours should be the norm.

  • That job opportunity to the tune of 4 to 5  lakh are expected to be generated within  the next two years across the country's  leading cities as stated by Anshuman  Magazine Chairman and Managing  Director, CBRE South Asia.

  • That the women employees  of the Central Government  can take uninterrupted  leave for two years for  childcare which includes  needs like exams and  sickness as per order of the  Supreme Court dated  15.4.2014.

  • That a survey, conducted by IT Consulting  and outsourcing firm, Accenture reveals.

  • That 65% of Indians are preparing more  women for senior management roles, and  80% of women are taking up more  responsibilities to advance in their current  roles at work.

  • That the  participation of  women in the  labour force has  declined from 30  per cent in 1993-94  to 22.5 per cent in 2011-12.

  • That the eastern region has around 4 lakh  pensioners under Employees' Pension  Scheme and around Rs.197 crore has  been distributed towards pension  payment.

  • That as many as 130 drivers and  conductors of Delhi Transport Corporation  are retiring every month.

  • -----------------------------

  • That PepsiCo has given its India-born chief Indra Nooyi a pay package of $18.6 million (about Rs.113 crore) for 2013, a 7 per cent hike from the previous year.

  • That less than 11 per cent of hotel management graduates are employable, according to the latest Aspiring Minds National Employability Report, Hotel Management Graduates – 2014. The report says females are more employable.

  • That over 98% of aspirants failed the test for teachers conducted by Central Board of Secondary Education (CBSE) in January 2014.

  • That India has about 4,000 unemployed commercial pilot licence holders.            

  • That the commanders of Gulf carrier Etihad get a monthly salary of $9,578 (Rs.5,71,231) and a housing allowance of AED 170,000 (Rs.27,59,100) in addition to other allowances.

  • That over 10,000 new jobs will be created on allowing licences to the new banks by the Reserve Bank of India.

  • That as compared to 22,000 certified welding engineers in China, India is home to just around 600 qualified engineers of postgraduates in welding.

  • That Amazon has offered $5000 to unhappy workers for leaving their jobs.

  • That the Gulf carrier Etihad is offering first officers of aircraft ranging from Airbus 320s to Boeing 777s a tax-free salary of $7,075 (Rs.4,21,953) per month besides other allowances.

  • That more than 12 lakh candidates have taken the Joint Entrance Exam (JEE) this year.

  • That one per cent rise in GDP roughly adds 15 lakh direct jobs; each job creates three indirect jobs, and each job supports five people.

  • That 17 million seek jobs in non-agri sector every year.

  • That women still earn only 77% of what men do for the same job.

  • That Air India is spending over Rs.25 lakh for training a pilot.

  • That the shortage of certified welding engineers may affect 215 infrastructure projects worth seven lakh crores.

  • That in order to ensure guarantee to the right to health, security and rest, companies in France have signed settlements with the unions to the effect that the smart phones, computers and e-mails will be cut off outside after working hours of the employees. 


  • That over two million people have been provided employment and Rs.5,381.63 crore released under the Prime Minister’s Employment Generation Programme (PMEGP).

  • That around 130 Delhi Transport Corporation drivers and conductors are retiring every month.

  • That out of 10,000-odd directors who sit on the boards of NSE-listed companies, it is estimated that only 5 per cent are women.

  • That in the first action of its kind, Air India, in the second week of March, 2014 sacked about 10 air hostesses who had reported late for work, delaying flights.

  • That the National Skill Development Corporation claims its efforts have trained one million people so far and that a million more can be trained every six months.

  • That the gross enrolment ratio in India for higher education has gone up from 11% in 2005-06 to 19.4% in 2010-11.

  • That tax exemptions, grants for job creation, credits against tax payable, weighted deductions for the cost of new hires and their training costs are some of the variants used globally to encourage job creation in the private sector.

  • That innumerable surveys around the world have shown that labour market inflexibility actually hurts creation of job – employers are wary of hiring even in boom time if they are not allowed to trim their workforce in a downturn. 

  • That with just 2% of the youth in India having technical education, the skills gap is becoming a gigantic problem.

  • That those who speak English fluently earn up to 34% more and those who speak a little English earn about 13% higher on average than those who don't. But only 20% of Indians can speak English.

  • That Indian women's work participation rate is one of the lowest in the world – a mere 29% of the 15+ female population – and unemployment among women graduates is the highest, about 60%.

  • That health schemes in India are implemented through eight lakh plus ASHAs who get paid only Rs.400-1,200 per month.

  • That twenty six percent of Indian employers will undertake recruitment on a temporary or contract basis to address the talent scarcity in the next five years.

  • That nearly 90% of India's workforce is unorganized and produces as much as 50% of its GDP.

  • That 482 million strong workforce in India, up from 402 million in 2001, is largely self-employed or employed in low- paying casual jobs with no social protection.

  • That a survey by the State Industry and Commerce Department stated that nearly eight lakh person.

  • That economist Karthik  Muralidharan has estimated  the cost of teacher  absenteeism at Rs.9,000  crore per year.

  • That Gujarat has the lowest labour costs  among India's major with wage costs less  than 50% of those in Delhi. 

  • That over 43,000  candidates applied  for 300 Gujarat  Govt. Assistant  Junior Clerk jobs. 

  • That The Delhi Building and Other  Construction Welfare Board, constituted  on 2.9.2002, currently has an unutilized  amount of over Rs.1,200 crore. 

  • That 6.2 million persons  were added in construction  activity during 2009-10 and  2011-12. 

  • That number of contract  workers has arisen 39% in  2013 

  • That during last 13 years’ the real wages  of casual workers have gone up by 61% 

  • That the total organised employment in  industries service has increased by one  third of 30 million to 40 million. 

  • That according to a study  by the National Sample  Survey office, only 53  million jobs were created  in the UPA's tenure till  2012, compared to 60 

  • That there is a  shortage of six  lakh teachers in  the country and  initiatives are  being taken to fill  the gap. 

  • That between 2004-05 and 2009-10, 23  million workers have left their avocation  in agriculture. 

  • That an  assessment of 1  lakh graduates and  postgraduates on  various skills has  found

  • That only  34% were  employable.  million in the years before when the  National Democratic Alliance was in  power. 

  • That about 35 out of 100 job applicants in  pharma tell a lie about their credentials,  says AuthBridge. 

  • That as on 31st  March, 2013, 8.87  crore members  belonging to 7.43  lakh establishments  are served by the  EPFO. 

  • That in 2013, the hiring in pharma sector  grew by 24% according to a report by  headhunting firm Ranstad.