EPFO For Universal Account Number

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Information about EPFO For Universal Account Number
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Published on May 8, 2014

Author: stellalauren

Source: slideshare.net

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ADP India the payroll experts presents strictly statutes along with the compliance management calendar. On the instructions by the Labor Ministry to provide permanent PF account number to its 50 million members in a time bound manner, the EPFO had asked its field staff to clean up records to issue universal account numbers soon to its subscribers.
Read More at: http://www.adp.in/resources.aspx

Compliance Calendar for May 2014 Managing Director, who is not managing the affairs of the company cannot.. Legal Assistance holding power of Attorney need not be a workmen.. Termination of Employment justified.. Employer, not the court to decide as to where an employee should be posted.. Owner of vehicle has to ensure his driver to possess valid license.. IT Companies in Karnataka to remain exempt from labour laws.. In Six years, shortage of welders will raise to 22 lakh.. ESIC day celebrated across country and empanels… EPFO may be allowed to use SARFA ESI Act to recover dues.. TABLE OF CONTENTSEDITOR’S NOTE Hello Readers, Professional Tax, ESI and PF are some of the compliance dues that need to be addressed in the month of May 2014 as part of the compliance calendar. There have been several important judgments this month. The Kerala High Court has held that a Managing Director cannot be prosecuted for violation of the ESI Act if he is not managing the affairs of the company. The Delhi High Court has pronounced that the legal assistant holding Power of Attorney need not be a ‘workman’ as determined under the Industrial Disputes Act. In another ruling by the same court, the termination of an employee’s services was upheld as he had not provided sufficient notice before proceeding on leave. The Delhi High Court has also held in another case that the employer and not the court shall determine where the employee is to be posted. The Himachal Pradesh High Court has held that the owner of a vehicle has to ensure that the driver’s license is valid. In other important news, IT companies in Karnataka will continue to be exempted from labour laws. The welding industry is expected to have a serious shortfall of welders by 2020 – as many as 22 lakhs. ESIC day has been celebrated across the country by expanding the number of private hospitals providing cashless treatment. An employer aggrieved by an order of the Chief Inspector of Factories/Director, Industrial Health and Safety can file an appeal under the competent appellate authority. The Labour ministry has instructed the EPFO to provide a permanent account number, in a time-bound manner to the 50 million enrolled members. In another development, the ministry wants the EPFO to be able to recover dues by defaulting companies under the SARFAESI Act STRICTLY STATUTES A Newsletter from ADP India MAY 2014 02 03 03 05 Pages 05 04 03 04 05 06

STRICTLY STATUTES A Newsletter from ADP India Due Date Scope Due Under Mode Compliance Calendar for May 2014 Professional Tax Remittances 10th May 14 30th Aug 13 Andhra Pradesh & Madhya Pradesh Maharashtra, Assam & Orissa State-wise regulations State Wise regulations By Challan By Challan Labour Welfare Fund Remittances 15th May 14 Punjab Punjab Labour Welfare Fund By Challan PF 15th May 14 Central - Remittance of Contribution EPF & MP Act 1952 By Challan 15th May 14 Central - International worker with wages and nationality Statement in 7 IFEPF & MP Act 1952 ESI 21st May 14 Main Code & Sub Codes - Remittance of Contribution ESIC Act 1948 By Challan 15th May 14 Gujarat Gujarat PT regulations By Challan Page 02 20th May 14 21st May 14 Karnataka West Bengal Karnataka PT regulations WB PT regulations By Challan By Challan 31th May 14 Maharashtra, Assam & Orissa State-wise regulations By Challan 15th May 14 Chandigarh Punjab Labour Welfare Fund By Challan 20th May 14 Kerala Kerala Labour Welfare Fund By Challan

STRICTLY STATUTES A Newsletter from ADP India In a case of Biju Ramesh Vs Employees’ State Insurance Corporation the Kerala High Court Honourable Justice Mr. A, Hariprasad pronounced that the petitioner-Managing Director of the company and owner of was not person responsible for supervision and control of the company and there were no averment in the complain that the petitioner was in charge and responsible to the company for the conduct of business. Hence, no prosecution under section 80(a) of the act will lie against the petitioner being the Managing Director. Page 03 Managing Director, who is not managing the affairs of the company cannot be prosecuted for violation of ESI Act Important Judgements In a case of Bhim Sain Vs The Government of NCT of Delhi through its Secretary (Labour) and others, the Delhi High Court Honourable Justice Mr. V. Kameswar Rao pronounced that the legal assistant worked for Delhi Power Company Ltd, who was given with the Power of Attorney to defend and prosecute the cases for and against the company and was appointing the advocates by signing the ‘Vakalathnamas’ while engaging advocates for and on behalf of the company has been held not to be a ‘workman’ under section 2(s) of the Industrial Disputes Act. The case was initially rejected by tribunal holding that the petitioner-Legal Assistant- was a professional, hence, being a professional, cannot be termed as ‘workman’ within the meaning of section 2(s) of the Industrial Dispute Act. Legal Assistance holding power of Attorney need not be a workmen In another case of Vinod Kumar Taneja Vs M/s Indian Overseas Bank and another, the same Delhi High Court Honourable Justice Mr. V. Kameswar Rao pronounced that the termination from the services of an employee is justified in view of his long absence from duty as he went abroad without permission and submitted leave application only 2 days before leaving for abroad as against the Bank’s Rules of submitting leave application one month in advance. The terminated employee’s acknowledgement of receipt of printed form towards staff’s PF contribution which proves receipt of termination letter as the same was also sent to him to the same address. Termination of Employment justified on intimation before two days of leaving abroad for long period.

STRICTLY STATUTES A Newsletter from ADP India Page 04 In one another case of M/s North Delhi Power Ltd now Tata Delhi Power Distribution Ltd Vs Tilak Raj the same Delhi High Court Honourable Justice Mr. V. Kameswar Rao pronounced that the transfer of an employee holding transferable employment should not have been set aside by the Industrial Tribunal merely that as per order of the Management it could not be beyond 15 KMs form the residence of the employee. While transferring an employee form one place to another, it is for employer to decide as to where the services can be utilized properly. Hence, the court or the Industrial tribunals shall not override the decision of the employer and substitute the decision of the employer by their own decisions. Employer, not the court to decide as to where an employee should be posted In a case of Oriental Insurance Company Vs Smt. Deepa and others the Himachal Pradesh High Court Honourable Justice Mr. Sanjay Karol on an appeal by the Insurance company challenging the award of compensation to the deceased employee in a road accident by the Compensation Commissioner, it was pronounced that owner of vehicle is expected only to see driving license of the driver at the time of providing employment and not to get the same verified from Licensing Authority. It was also ordered that the insurer to discharge the burden not only to prove ingenuineness of the driving license but also breach of policy by the employer. Hence, insurer is liable to pay compensation with interest. Owner of vehicle has to ensure his driver to possess valid license and not to verify form Licensing Authority

STRICTLY STATUTES A Newsletter from ADP India Page 05 News to note Information Technology firms and other knowledge- based industries across Karnataka will be exempted from labour laws for an additional five years, state IT, BT, and science & Technology minister S. R . Patil Said. “The Knowledge-based sector will be considered essential services and barred from strikes and shutdowns from April. They will also be exempted from complying with working hours regulations as stipulated in the Karnataka Industrial Employment Rules, 1946 for another five years”, Patil told reporters in Bangalore. The clause for protection of women employees and prevention of sexual harassment at workplace in the order will, however, be applicable. IT Companies in Karnataka to remain exempt from labour laws: In Six years, shortage of welders will raise to 22 lakh With consumption of steel growing steadily, the welding industry is expected to face a shortage of 22 lakhs qualified welders in the next six years. Even at the current per capital steel consumption of 50Kg, there is a shortage of about 1.5 lakh welders. The world’s average per capita steel consumption is 3.5 Kg. ESIC day celebrated across country and empanels private hospitals to extend cashless treatment Employees’ State Insurance Corporation (ESIC) is a pioneer social security Organisation under the control of Ministry of Labour & Employment. Every year the ESIC Day is celebrated on February 24th in all the establishments across the country. On this day in the year 1952, the then Prime Minister Pandit Jawaharlal Nehru inaugurated the ESIC scheme at Kanpur. To celebrate above, the ESIC has empanelled few private hospitals to extend cashless and super specialty treatment to its 1,53,000 plus insured persons and their families.

Page 06 STRICTLY STATUTES A Newsletter from ADP India COMPETENT APPELLATE AUTHORITY FOR EMPLOYER AGGRIEVED BY AN ORDER OF THE CHIEF INSPECTOR OF FACTORIES/DIRECTOR, INDUSTRIAL HEALTH AND SAFETY Under section 107 of the Factories Cat, 1948, the appropriate state government will be the Competent appellate authority for employer to file an appeal against any order passed by the Chief Inspector of Factories/Director, Industrial Health and Safety. An aggrieved employer or Manager or person, who has been served with an order in writing may within 30 days of receipt of such orders can file an appeal against such an order to the State Government. EPFO FOR UNIVERSAL ACCOUNT NUMBER SOON On the instructions by the Labour Ministry to provide permanent PF account number to its 50 million members in a time bound manner, the EPFO had asked its field staff to clean up records to issue universal account numbers soon to its subscribers. The account number will help those workers in the organised sector workers who frequently change jobs. It will help subscribers to avoid Filing claims transfer of PF accounts on change of job. EPFO MAY BE ALLOWED TO USE SARFA ESI ACT TO RECOVER DUES With the economic slowdown resulting in raising corporate defaults, including that for PF dues, the labour ministry wants to enable EPFO to use Sarfa Esi to recover its dues from defaulting companies. Although EPFO’s outstanding dues of Rs. 4093 crores are a small fraction of its Rs. 6.32 lakh crores corpus, their faster recovery could help the country’s largest retirement fund to offer higher returns to its subscribers. Since “The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Act of 2002” now allows only banks to recover loans from defaulters, sources said the labour ministry will have to seek finance ministry’s help to bring in necessary amendments to the Sarfa Esi.

ADP Global With more than $11 billion in revenues and more than 60 years of experience, ADP® (NASDAQ: ADP) serves approximately 620,000 clients in more than 125 countries. As one of the world's largest providers of business outsourcing and human capital management solutions, ADP offers a wide range of human resource, payroll, talent management, tax and benefits administration solutions from a single source, and helps clients comply with regulatory and legislative changes, such as the Affordable Care Act (ACA). ADP's easy-to-use solutions for employers provide superior value to companies of all types and sizes. ADP is also a leading provider of integrated computing solutions to auto, truck, motorcycle, marine, recreational vehicle, and heavy equipment dealers throughout the world. ADP India ADP India offers a wide range of payroll, statutory and HR solutions, both as managed services and on cloud. ADP partners with organisations to assist with their complex, yet critical functions of payroll, statutory compliance and HR administration tasks effectively. ADP’s proven Managed and On Cloud Payroll, Statutory Compliance, Leave Management and Time & Attendance solutions are designed to address the scalable and dynamic needs of an organisation. ADP partners with small, mid-sized and large enterprises to streamline their Payroll, Compliance and HR administration processes. ADP India is an ISO 9001:2008 and ISO 27001:2005 certified and SSAE 16 Type II compliant company and serves clients from all industries across the country. For more information about ADP India or to contact a local ADP sales office, reach us at 1-800-4190-237 or visit the company's Web site at www.adp.in ADP India Thamarai Tech Park, S.P. Plot No. 16 to 20 & 20A Thiru Vi Ka Industrial Est ate, Inner Ring Road, Guindy, Chennai - 600032. Phone 1-800-4190-237 Email contactadp@adp.com Get the ADP expertise working for you. A 60 year track record that speaks for itself. Page 08 STRICTLY STATUTES A Newsletter from ADP India

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