The Chamber organised a half day Workshop on the ‘Latest Updates in the ESI and PF Act and Labour Laws’ on Wednesday, 23rdJanuary, 2019, in the Chamber Conference Hall.
Mr. V. Subramonian, Former Director of the Employees State Insurance Corporation and Advocate Benny Thomas of the High Court of Kerala were the faculty at the Workshop.
The session was attended by around 60 people representing various Companies.
The first part of the Session was on the recent amendments to the Labour Laws and its implications. In his presentation Adv. Benny Thomas spoke about Social Security to the Working Class and their Families, the benefits that accrue etc. He said that the aim of the law is to provide financial security to the working class, to have a steady and content workforce as a resource for national development. He also explained the various Schemes that are in place to promote these objectives viz. Provident Fund, Deposit Linked Insurance and Employees’ Pension.
Adv. Benny explained the objectives, applicability, special powers and exceptions vis a vis these Schemes.
He further went on to define Establishments and Factories, Voluntary Coverage, the definition of employee, employer and the exclusions applicable. He touched upon the rates of contribution, the definition of basic wages, rules regarding the payment of contribution, the records to be maintained etc.
He also explained the obligations of Contractors, recovery of dues by the Principal Employer from the Contractor and other obligations of the Employer.
He concluded his Session by talking about the Powers of Inspectors, the Resolution of Doubts, Penal Actions and Judicial and non-Judicial remedies.
The Session on Labour Laws was followed by a presentation on Latest Updates in the ESI and PF Act by Mr. V. Subramonian, Former Director of the Employees State Insurance Corporation.
Commencing his presentation Mr. Subramonian spoke about the Implementation of the Scheme
• By Central Govt. Notification, where Factories will be covered.
• By State Govt. Notification, for shops, hospitals and educational institutions etc.
He said that w.e.f 1.2.2017 the ESI Act has come into force in the entire State of Kerala.
The applicability of ESI to employees and their classification was also discussed;
• EMPLOYEES, WHOSE WAGES DOES NOT EXCEED Rs. 21,000/- (w.e.f. 1-1-2017)
• EMPLOYEE INCLUDES
PERMENANT------TEMPORARY --- CASUAL
MANAGERIAL PERSONS -----TRAINEES etc
• ENGAGED THROUGH CONTRACTORS
• EMPLOYEES DEPLOYED ON
• REPAIR AND MAINTENANCE, BUILDING EXTENSION WORK etc
The Wage Ceiling for coverage is RS. 21,000/- PER MONTH.
(w.e.f.01-01-2017) and for disabled persons RS.25,000/-
Mr. Subramonian explained the Acts applicability to Factories and Establishments, the exceptions, the definition of Factories etc.
He specified that all Establishments need to be registered online within 15 days and the registration of employees needs to be done online within 10 days.
He went on to explain the definition of ‘family’ under the Act and the rates of contribution. He also defined ‘wages,’ the records to be maintained, the submission of returns i.e. 31st January each year.
The obligations of employers, their joint liability etc. was also explained. Mr. Subramonian also elaborated on the concept of ‘clubbed coverage.
In conclusion, he spoke about the enforcement and punitive actions, judicial remedies – including E.I Courts and Consumer Redressal forums.