Tuesday, February 5, 2019

LABOUR LAWS UPDATES : UNIFIED ANNUAL RETURNS IN LABOUR LAWS


As we all are aware that Central Government of India is on its way to bring all labour law compliance under one roof and that is SHRAM SUVIDHA PORTAL-ONE STOP SHOP FOR LABOUR LAW COMPLIANCE (About which I will discuss in my next write up), with the same thought Following changes are made by Ministry of Labour and Employment under various Laws:

1.Amendment in Rule 21 sub rule 4A of MINIMUM WAGES (CENTRAL) RULES, 1950 dated 29.01.2019


Every Employer shall, on or before 1st day of February in each year, upload unified annual return in Form III on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).


Click here for notification

2. Rule 5 of Payment of Bonus (Amendment) Rules, 2019 Notified on 29.01.2019

 Annual Return.- Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form D on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

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3. Rule 16 of Maternity Benefit (Mines and Circus) Amendment Rules, 2019 Notified on 29.01.2019

Annual return.- (1) The employer of every mine or circus shall, on or before the 1st day of February in each year, upload a unified annual return in Form X online on the web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or Four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.


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4. Rule 56A of Industrial Disputes (Central) Amendment Rules, 2019 dated 29.01.2019

Annual Return.—Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form G1 on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Explanation.—For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Click here for notification


5.Rule 16 of  Payment of Wages (Air Transport Services) Amendment Rules, 2019 dated 29.01.2019

 Annual return.- Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form VIII on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise. 

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000)


Click here for notification

6. Rule 17 of  Payment of Wages (Railways) Amendment Rules, 2019 dated 29.01.2019

Annual return.- Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form III on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise. 

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000)


Click here for notification

7. Rule 18 of  Payment of Wages (Mines) Amendment Rules, 2019 dated 29.01.2019

Annual return.- Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form V on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise. 

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000)


Click here for notification



NOTE: THE PORTAL TO FILE THE UNIFIED ANNUAL RETURNS IS SHRAM SUVIDHA




THANKS & REGARDS
CS HITESH JHAMB
9953001339
hiteshjhamb66@gmail.com 



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