Monday, April 6, 2020

UNIVERSAL ACCOUNT NUMBER (UAN)

            UNIVERSAL ACCOUNT NUMBER (UAN)

Background-: 

Employee provident Fund Organization has launched new facility i.e. Universal Account Number (UAN) for each of the Provident Fund/Pension Member. The idea is to link Multiple Member Identification Number ( Member ID) allotted to a single number under single Universal Account Number.
For Authenticating UAN,it is mandatory to upload KYC of concerned member employees to tag the same with respective employees UAN. This will help in eliminating the dependency on the employer. Activation Of UAN can be done by member with the help of their Mobile No. Bank A/C No. IFSC Code.

Benefits of UAN_:

1) Member Gets credit message whenever PF Contribution is credited to their PF Account on monthly Basis.

2)Member Can view His /Her PF balance On EPFO Website and can also have his/her PF Balance Detail ON his/her Mobile Number.

Forthcoming Benefits Of UAN-:

1) One Need to transfer the fund from one A/C to another A/c in case of change of employment.
2) Also EPFO is in the process of implementing online PF withdrawal facility would be the Unique Identification Number   (UAN) & Aadhar.

Benefits of Online PF Withdrawal-:

1) The filing of withdrawal form would be very easy.
2) The paperwork will reduce. The whole process will be very fast.
3) Filing EPF withdrawl without the signature of the employer would be easy.

Detail Regarding UAN-:

The UAN for each of the PF Account number Appearing in the ECR January 2014 to june-2014
has already be allotted by EPFO and available to the employer on OTCP, Further in respect to generated Universal Account Number Of Employees.

If a member is already allotted with UAN then he/she is required to provide the same on joining new establishment to enable the employer to in-turn mark the new allotted PF/Pension numbers to the already Allotted UAN for which the employer is required to obtain all the details in the Declaration  Form 11 issued by EPFO.

The newly issued Declaration Form in Form 11 will help in getting all the relevant information such as whether the member was earlier a member of EPF/EPS detail OF his UAN of previous PF member ID, Scheme certificate No.  PPO No. KYC Detail.

Key feature of next version of UAN-:

UAN is the key field in Electric Challan cum Return.
For member joining epf for his first time The would be obtained by the employer or member prior to filling of ECR the employer for that member.
The generation /Linking of UAN can be done through an online functionally on UAN Portal.
This would be manadatory for the employer to include the new member in ECR.
The employer may start remitting dues through ECR for the linked UAN Therefore.


CONTRACT LABOUR ACT, 1970

CONTRACT LABOUR ACT, 1970 AND MAHARASHTRA CONTRACT LABOUR RULES,1971.

For Contract Labour License-: 

Security Deposit : For industry within the sphere of Maharashtra state Rs-500/- per employees For industrial within the sphere of Central Govt. Rs-90/- Per Employees.



Registration And Licensing-:

The Act applies to the Principal Employer of an Establishment and the Contractor where in at least 20 laborers are utilized or were utilized in any event, for one day during going before a year as Contract Labor.


To ascertain the number, provisional work utilized for various purposes through various contractual worker must be mulled over. This Act doesn't matter to the Establishments where work performed is of irregular or occasional nature.


In the event that a Principal Employer or the Contractor falls inside the region of this Act at that point, such Principal Employer and the Contractor need to apply for Registration of the Establishment and License individually.


The contractual worker The Act additionally accommodates Temporary Registration in the event that the Contract Labor is employed for a period not over 15 days.


Any change happening in the points of interest indicated in the Registration or Licensing Certificate should be educated to the concerned Registering Officer inside 30 days of such change.


From joined perusing of Section 7 and Rules 17 and 18 of the Contract Labor (Regulation and Abolition) Central Rules, 1971, apparently the Principal Employer needs to apply for enrollment in regard of every foundation.


Other significant point to note is that a License gave for One Contract can't be utilized for completely extraordinary Contract work despite the fact that there is no adjustment in the Establishment.

 

Responsibility-: 

a) Pays the wages as might be fixed by the Commissioner of Labor.

b) In their nonappearance pays reasonable wages to provisional worker.
c) Provides the accompanying offices:

I. Bottle (if utilizing at least 100 laborers in a single spot) and if the work is probably going to keep going for a half year or more.

ii. Rest rooms where the laborers are required to stop around evening time and the work is probably going to keep going for 3 months or more.

iii. Imperative number of toilets and urinals - separate for people.

iv. Drinking water.

v. Washing.

vi. Medical aid.

vii. Creche
d)  Maintains different registers and records, shows sees, edited compositions of the Acts, Rules and so on.
e) Issues business card to his laborers, and so forth.



Checklist For Principle Employer-:

1. Enrollment of the Establishment.

2. Show of the accompanying notification pace of wages, long stretches of work, wage

period, date of installment of wages, date of installment of unpaid wages and name and address of the reviewer having locale.

3. Support and Preservation of Register of Contractor.

4. Recording of Return of Commencement and Completion of the Contract.

5. Recording of Annual Return.

6. Regulating the duties of Contractor to abstain from charging of the liabilities.

7. Guarantee arrangement that offices of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Crche are given by the Contractor.


 Checklist For Contractor-:

1. Permitting.

2. Recharging of the License.

3. Upkeep and Preservation of Register of Persons utilized, Muster Roll, Register of wages, Register of Fines, Register of Deductions for harms or misfortune, Register of advances, Register of additional time.

4. Show of Notice pace of wages, long periods of work, wage period, date of installment of wages, date of installment of unpaid wages and name and address of the reviewer having ward.

5. Give offices of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Creche.

6. Work card.

7. Administration Certificates.

8. Half yearly return.



Last Date of Renewal Of License-:

60 Days before the date on which license Expire.

For Duplication License Or Registration-:  

Maharashtra State  Rs-50/- & Central Rs-5/- 

Registration fees and renewal fees by the principle employer for contract Labour Registration Certificate Revised From 01.06.2015.

Registration Fees-: 5000/-                            Renewal Fees-: 5000/- 

Fine- Delay OF renewal

Maharashtra State-50% of License Fees                       Central Govt.- 25% of License Fees 

Security deposits Rs-500/- per workers to be paid by contractor amount of fees and security deposit should be paid by E-Payment.

1) Any application for registration or license May be submitted online on Shram Suvidha Portal of the ministry of the Labour And Employment.
2) Any fees and security deposit shall be made by E-Payment.
3) Any acknowledgment or information relating to matter specified in clause above shall be granted electronically on the Shram Suvidha Portal of the Ministry Of Labour and Employment.
4) The certificate of registration or license may be granted anline on the Shram Suvidha Portal of the ministry of the Labour And Employment.



Form No State
Form No Central
Ref to statute
Ref to statute
Description
Maharashtra
Central
Maharashtra
Central

X
Xii #
Rule 57
Rule 76
Identity card to be issued to each workman by the contractor on the first day of the employment of the worker.
X
A*
Rule 57
Rule 75
Register of person employed
X
Vii #
Rule 57
Rule 77
Service certificate to the issued to the workmen whose service has been terminated by the contractor.
X
D*
Rule 57
Rule 78 (1)
Muster Roll
X
B*
Rule 57
Rule 78 (1)
Register of wages.


Rule 59 (2) (a)

Combined muster cum roll wages register to be maintained by the contractor as rule 27(1).
X
XIX
Rule 59 (2) (b)
Rule 78 (b)
Attendance card cum wages slip to be issued by the contractor as per rule 27 (2)
XVI
C*

Rule 78 (1) (a)
Register Of deduction For Damage or Loss.
XVII
C*

Rule 78 (1)
Register of Fines
XVIII
C*

Rule 78 (1)
Register of Advances
XVIII
B*

Rule 78 (1)
Register Of Overtime
XVIII
XXIV

Rule 82(1)
Half Yearly



Penal Provision-:

It additionally gives the idea that if the Establishment isn't enlisted or on the off chance that the Contractor isn't authorized, at that point the provisional work will be considered to be the direct laborers and the Principal Employer or the Establishment will be subject for the wages, administrations and offices of the provisional work and so forth.

For contradiction of the arrangements of the Act or any standards made thereunder, the discipline is detainment for a greatest term upto 3 months and a fine up to a limit of Rs.1000/ -

Sunday, April 5, 2020

THE CONSUMER PROTECTION ACT ,1986

THE CONSUMER PROTECTION ACT ,1986

Object Of The Act :

To provide for better protection of the interest of consumer and for that to make provisions for the establishment of consumer council's and other Authorities for the settlement of consumers Disputes and for matter Connected there with.

Central & State consumer protection council's have been constituted to protect and promote the above object.Services provided by the E.S.I. and P.F. Department have been brought Under the preview Of the consumer protection Act,1986.

There is no prescribed form for complaint. The consumer has to make a mere application to the consumer Dispute Readdress forum dealing the grievances.

Thanks address Of consumers Disputes Readdress forums for the state of Maharashtra , Goa and Gujarat are as under:

1. National Commission 
National Consumer Disputes Redressal Commission ,
5 th Floor , Janapath Bhavan ,
New Delhi. 


MAHARASHTRA 

STATE COMMISSION 

The President , Maharashtra State Consumer Disputes,Redressal Commission . Administrative College, Room Nos.

1 and 2 Hazarimal Somani Marg , oppo. 
V. T. Station , Mumbai- 400001.

Salient Features-:


The striking highlights of Consumer Protection Act (CPA), 1986 are as per the following

It applies to all products, administrations and out of line exchange rehearses except if explicitly absolved by the Central Government.

It covers all segments private, open or co-usable.

It accommodates foundation of purchaser assurance gatherings at the focal, state and area levels to advance and secure the privileges of buyers and a three-level semi legal hardware to manage customer's complaints and debates.

It gives a statutory acknowledgment to the six privileges of customers.

In this manner the Act accommodates setting up the accompanying buyer redressal organizations:

Notices:

1. Area Consumer Forum in each locale of a state set up by the State Government.

2. State Consumer Commission in each state set up by each State.

3. National Consumer Commission set up by the Central Government.


This request might be any of the accompanying sorts:

1. To expel the deformity whenever saw as valid by the proper research center from the positive qualities being referred to;

2. To supplant the imperfect merchandise with the new products of a similar sort liberated from the deformities;

3. To come back to the complainant cost of the blemished great or charges paid by him;

4. To pay the remuneration to the complainant as might be chosen by the redress organization for the misfortune endured by him;

5. To expel the imperfections or insufficiency in the administration rendered to the people;

6. To stop the out of line or prohibitive exchange practice or give undertaking not to rehash in future;

7. Not to supply unsafe products;

8. To pull back the unsafe products being offered available to be purchased; and

9. To give satisfactory expenses to the gatherings being referred to.

Penalties:

 The Consumer Commissions are approved to force punishments on broker or individual against whom protest is made on the off chance that he neglects to follow the request for the redressal office. The punishment or discipline may include detainment for a period not over 3 years or a fine of not in excess of 10 thousand rupees or both.

 




EMPLOYEE PENSION SCHEME , 1995

        EMPLOYEE PENSION SCHEME , 1995

1) Definition-:

Employee pension scheme is survivor old age and disability pension scheme. The earlier Family Pension Scheme 1971 Offered only one type of Benefits. Namely survivor benefits i.e. Payment of pension to widow/widower on death of the member service On the other hand  The new scheme caters of three types of contingencies.

1) Survivor Pension -: If Death Occur During Service.
2) Old Age Pension-: Pension On Superannuation.
3) Permanent Disability Pension-: In the event Of member Suffering permanent disability while in Service.

2) Characteristics-:

For service below 10 years-:

Return of contribution on exit from employment-Table-D

Example-Suppose a member exist for employment after four year of service his wage on exit is Rs-4000 Return of contribution will be calculated as Rs-4000*4.18 of wages on exit i.e. Rs-16,720.

Service above 10 years but below 20 years-:

In the first Instance pension will be calculated by applying the formula is-:

Pensionable salary * Pensionable Service/70

Say the member done is 18 years of Pensionable Service Pensionable Salary Determined as Rs-4000/- Pension Payable to him will be Rs-1029/-
  
Service Over 20 Years-: 

Full pension According to the formula stated above. It is to be noted here that for rendering 20 years of pensionable service or more,members pensionable salary shall in all cases be increased by adding   2 years. In other words 20 years actual pensionable service will be treated as 22 years of pensionable service for calculation of pension.


Special Provision for existing Member-:

Special provision have been made for calculation of pension in case of member who was member was caused Family Pension Scheme 1971 and who was attained the age of 48 years on the 16th November 1995 and Member who attained 48 years but its less than 53 years on 16th November member who attained at age of 53 years of more on the 16th November 1995, n the aforesaid cases the formula calculated pension will be as follows.

Earlier Pension on Cessation Of Employment-:
    
Old age pension on account of superannuation/retirement is normally payable on attaining the age of 58 years. however member cannot opt for talking earlier than 58 years on his exit from employment but under no circumstance pension will be payable before the age of 50 years .A member who desired to draw monthly pension from a date earlier than 58 years of age will be allowed to draw a monthly reduced pension.The amount of pension is such a cases shall be reduced at rate of 4% for every year at the age fails short of 58 years.

Scheme Certificate-:

There are occasions when a member may leave employment and or may move from a covered establishment to an uncovered establishment before he reaches the date of superannuation h may opt for a scheme Certificate. The Certificate will be indicate his pensionable salary and the amount of pension due on the date of exist from employment . If the member is subsequently employed in covered establishment his pensionable service in the scheme certificate will be taken into account for working out of his Full pensionable Service.


Widow Pension-:

Widow pension is three categories 1) Death of member during service 2)On the death of the member after laving service but before attaining t the age of 58 years 3) In case of death of the member after commencement of payment of monthly member pension.
Widow pension o death of the member during the service is equal to monthly member pension.
The essential condition for grant  of widow pension are follow.

1) The death of member occurred while in service.
2) The member has contributed at least one months Contribution.
3) The member had not attained the age of 58 years.
4) The death of member had taken place before the commencement of monthly members pension.


Widow pension after commencement of monthly pension-: 

In case of death of the member after vesting of pension the amount of widow pension @50% of the monthly members pension subject to a minimum of s-250/- p.m.
In case the member leaves behind any child less than 25 years of age children pension is payble for each equal to 25% of the window pension subject to a minimum of Rs-250/- p.m.
The minimum monthly orphan pension which is payable where a decreased member is not servived by any widow or where pension is not payable to  to the window ( in case of remarriage ) is subject to a minimum of RS-250/- p.m.


Withdrawal Benefits-: 

 If the member renders less than 10 years pensionable service on the date of exist or on attaining the age 58 years whichever is earlier he is entitled for withdrawal benefits he may opt for scheme certificate.

Payment of pension through Bank-:

The pension disbursed through Nationalized bank of the respective state. The member /pensioner are required to open an account in bank where pension is desired an indicate the option in the application in Form-10D
The state wise list of bank where pension can be opted is given below.


STATE
Nominated Bank
STATE
Nominated Bank
Andhra Pradesh
SBI ,Andhra Bank
Maharashtra
Bank of India PNB SBI
Bihar
Punjab National Bank
Assam
PNB State bank of India
Delhi
SBI Punjab national Bank
Orissa
Bank Of India SBI
Gujarat
Dena Bank SBI
Punjab
SBI Punjab National Bank
Haryana
Punjab National Bank SBI
Rajasthan
State bank of Bikaner & Jaipur
Punjab National Bank
Karnataka
Canara Bank
Tamil Nadu
Indian Bank SBI
Kerala
SBI Canara Bank
Uttar Pradesh
PNB SBI
Madhya Pradesh
SBI Punjab National Bank
West Bengal
Union Bank Of India
PNB
Himachal Pradesh
SBI Punjab National Bank
In Addition
HDFC , UTI , ICICI Bank for all Region

Return Of Contribution On Exit Fro The Employment -:

Year of service
Proportion of wages at exist
Year of Service
Proportion of wages at exist
Year of Service
Proportion of wages at exist
1
1.02
4
3.99
7
7.13
2
1.99
5
5.02
8
8.22
3
2.98
6
6.07
9
9.33



Declaration By Pensioner-:


I,......................... am pensioner under the employees pension scheme 1995, drawing monthly pension with effect from ..............................I am a retired Employees of M/S .............................. and was drawing salary more than Rs-5000/- -Rs-6500/- Rs-15000/- per month and my employer had deposited 12% of my actual salary ( Above the statutory wages ceiling) as employers shares of the EPF Contribution on the basis of joint option executed by me and my employer.


        Place-:                                                                                                 (Signature)
       
        Date-;                                                                                            (Name And Address)










EMPLOYEES JOINING FORMILITIES.

  JOINING AND EXIT FORMALITIES. JOINING FORMALITIES-: At the point when the representative joins the association, it is fundamental to...