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Raychand Jiwani
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labour law consultant
labour law consultant

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Government of Maharashtra vide notification dated September 07, 2017 has issued Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. It extends to the whole of the State of Maharashtra. The provisions of this Act shall apply to the establishments employing ten or more workers.

Highlights of this Act are:
• Every establishment employing ten or more workers shall submit online application within period of sixty days from the date of commencement of this Act or the date on which establishment commences its business.
• The State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period
• No adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour
• No woman worker shall be discriminated in the matter of recruitment, training, transfers or promotion or wages. No woman worker shall be required or allowed to work in any establishment except between the hours of 7 a.m. and 9-30 p.m.
• Every worker shall be entitled to eight days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis, but shall laps if un-availed at the end of the year.
• Every employer shall take such measures relating to the health and safety of the workers including cleanliness, lighting, ventilation and prevention of fire as may be prescribed.
The Act shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

Provident Consultant in Mumbai, Thane and Navi Mumbai having 30 years of experience - Emkay Consultancy Services - 9833043749

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
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Labourers to get unique ID number: Santosh Gangwar

Labourers from both organised and unorganised sectors will be allotted a unique identification number as a part of labour reforms, Union minister for Labour and Employment Santosh Gangwar has said.

Gangwar said representatives of recognised labour organisations have been invited to New Delhi on September 14 for establishing better coordination and giving momentum to the process of labour reforms in the country.
Four labour laws, that had become irrelevant, have been done away with and the relevance of 36 other laws is being examined, he said at a function organised by the Indian Industries Association last night.

"As part of labour reforms, labourers in both the organise ..

Read more at:
http://economictimes.indiatimes.com/articleshow/60463606.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
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Maharashtra Labour Welfare Fund - MLWF - Emkay Consultancy Services, since 1985 serving in Thane, Mumbai, Navi mumbai and other nearby areas. - 9833043749

1) Prepare Half yearly Returns
2) Collection & Deposition of MLWF Dues
3) Updation of Rates as per existing in different states
4) Assisting in complying with the rules

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
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Our App
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Professional Tax - PT consultant - Emkay Consultancy Services - Navi Mumbai, Mumbai, Thane - 9833043749

PROFESSIONAL TAX (PT) : -
1) Prepare Monthly Challan
2) Updation of Data and rates as per changes in Govt. Rules.
3) Online Return Filing

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App
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ESIC - EMPLOYEES STATE INSURANCE CONSULTANT IN THANE, MUMBAI AND NAVI MUMBAI SINCE 1985 - EMKAY CONSULTANCY SERVICES - 9833043749

EMPLOYEES STATE INSURANCE CORPORATION (ESIC): -
1) Registration work for ESIC code number.
2) Obtaining Sub-code for branch offices.
3) Submit all necessary documents timely like Half-yearly Returns, etc
4) Fully computerized system
5) Providing day to day consultancy on matters pertaining to ESI Act
6) Online Registration of Employees and issue of TIC
7) Online Generation of ESI Challan
8) Online availability of Employees’ Details, Challans and Correspondence as per your need.
9) Information with regard to any amendment/changes in the act will be informed
10) Location-wise provision of data and Contribution Dues.
11) We undertake PAN India ESI Job-work
12) Providing any necessary guidelines for Total Compliance of ESIC
13) Conducting seminars to induct employees about the benefits associated with ESI
14) Digital Signature Activation and Registration

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
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PROVIDENT FUND - PF CONSULTANT IN THANE, MUMBAI, NAVI MUMBAI SINCE 1985 - EMKAY CONSULTANCY SERVICES 9833043749

EMPLOYEE PROVIDENT FUND:-
1) Online Registration
2) Submitting all necessary documents on timely basis like Nomination Form (F-2).
3) Preparing and submitting challans, returns
4) We are equipped with fully computerized system
5) We are member of E.S.I., P.F., and other Industrial Law Practitioner’s Association and Thane Small Scale Industrial Association
6) Providing day to day consultancy on matters pertaining to EPF, pension scheme & EDLI scheme
7) We shall process and submit P.F. Withdrawal forms and do follow ups (for left employees).
8) We undertake Transfer related Submission also.(Online transfer)
9) Assistance to employees of establishment in claiming widow pension, family pension, children pension under employee pension scheme.
10) Assistance employees in claiming / obtaining superannuation pension.
11) UAN Generation, Guidance in UAN Activation and Seeding of KYC
12) Digital Signature Activation and Registration
13) Online availability of Monthly Returns, Employees’ Details, Challans and Correspondence as per your need.
14) Correspondence with the PF department.
15) Maintain cordial relation with concerned Govt. Officials
16) Replying to Show Cause Notices issued under EPF Act
17) Timely updation and proper Guidelines, if any changes in system or Act

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
Like us on Facebook

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PF rule change hurts expats returning to work in India

Schemes under Employees’ Provident Fund Act are not applicable mandatorily to highly paid employees, i.e. employees getting salary beyond specified limit.

As on date, the wage ceiling is Rs 15,000 per month. These employees are called ‘excluded employees’.


Read more at:
http://economictimes.indiatimes.com/articleshow/60141427.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
Like us on Facebook

EPFO targets companies giving low PF to international workers (Source: Economic Times)

The Employees Provident Fund Organisation (EPFO) is cracking down on companies that are making provident fund contributions for international workers, including OCIs (Overseas Citizens of India), on their rolls on the basis of the basic salary.

Some say this could be an effort to pressurise the US and UK to sign the long-pending totalisation agreement.

While for Indian citizens, an employer can cap the contribution to PF at Rs 1,800 a month, there is no cap for international workers. The EPFO is using the argument that the employer is splitting the salary into a smaller basic wage and paying out larger portions under other heads to reduce the PF obligation. It is consequently insisting that companies pay PF on the whole of the salary of an international worker, including OCIs. The EPF Act was extended to international workers in 2008. The EPFO became proactive in dealing with the issue in the past two years, and now are telling companies to make full PF contributions with effect from 2008.

Several legal experts told TOI that a number of companies, MNCs in particular, have made the requisite PF contributions, including the penalties for the delayed contributions, even though there are several grey areas in the law.

"In many cases, companies have had to first identify the OCIs in their employment. Ve ry often, when you are hiring Indians from another organisation, you are not asking to see their passports. OCIs do not require an employment visa to enter and work in India. In the case of one client, some 20-25 people were found to be OCIs," Atul Gupta, partner-employment at law firm Trilegal, said.The outgo can run into several crores of rupees.

Pooja Ramchandani, partner & head-employment law at Shardul Amarchand Mangaldas, said that in one case, the company had not made any contribution towards provident fund for an international worker who was engaged for a short duration. "The worker returned to his country of origin and also left the service of the company. Even though the company was willing and ready to rectify the default, tracing the employee became a practical issue for obtaining appropriate documentation for including the worker as a (EPF) member," she said.

There are at least two grey areas in this matter. Vikram Shroff, leader, HR law at Nishith Desai Associates, said the question of whether to make PF on basic salary (given the definition of `basic wages' in the EPF Act) or on total salary, will remain a grey area until such time it is clarified by the Supreme Court. The court is hearing the matter. One legal expert said that as per the principles laid down by some high courts, allowances that are universally, necessarily and ordinarily paid to all employees of an organisation would fall under the ambit of `basic wages.' Some experts believe the EPFO crackdown is part of an effort to pressurise the US and UK to sign the social security agreement (SSA) or the totalisation agreement. India has SSAs with some 18 countries, including Canada, Japan, Germany and France. Under SSA, an Indian employee going to work in a signatory country does not have to subscribe to that country's social security scheme, and an employee from that country does not have to subscribe to India's PF scheme.

Since the US is not a signatory, Indians going to work in the US have to subscribe to the US scheme, and end up forfeiting the contributions if they return to India in less than ten years. IT industry body Nasscom estimates that Indian IT companies and professionals forfeit $1-2 billion every year. The US appears to have taken the matter less seriously because not too many Americans work in India.

Source: Economic Times

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
Like us on Facebook

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Applied online for EPF transfer after March 1, 2017? You need to re-apply & here's how to do it (Article on Economic Times)

The Employees' Provident Fund Organisation, India (EPFO) has been taking several measures to streamline the online withdrawal and the claim process for the employees as far as their provident fund (PF) is concerned.

As a recent step in that direction, the erstwhile OTCP - 'online transfer claim portal' stands replaced by the launch of transfer claims under 'unified portal' of the EPFO.

While the online transfer process was available earlier too, the process has been revised. Now, if the employee wants to apply for the transfer of PF from one's previous employer to his or her new employer, it has to be from the 'unified portal'. Before proceeding, make sure these following are in place:

* The employee needs to have the UAN.
* The KYC (Aadhaar and bank details including IFSC code) against their UAN have been seeded.

* The present employer should have approved/verified the e-KYC.

Online transfer claim process

* Login to the Unified Portal website here (https://unifiedportal.epfindia.gov.in/)

* Click on UAN Member e-Sewa

*Or, click here directly. (https://unifiedportal-mem.epfindia.gov.in/memberinterface/)

* Log-in using one's UAN and password.

* Click on 'online services' and place the 'transfer request'

* Fill up the Transfer Claim Form online

* Download Transfer Claim Form (In pdf format)

* Physically submit to one's employer after signing, within 10 days

* After receiving the signed Transfer Form, the employer has to digitally approve the transfer by accessing the employer interface of the Unified Portal.

Recently, the EPFO had introduced measures and revamped its Unified Portal to effectively bring down the time taken for withdrawals to 5 days.

Transfer initiated post-March 1, 2017
As an employee, if you had initiated a transfer process from the OTCP - online transfer claim portal anytime after March 1, 2017, you will have to resubmit your claim. As per the rules, the employer is required to take the printout of the Transfer Claim Form and get it signed by the employee. EPFO has asked the employers to clear any such in-process claims within the next month.

After attesting it, the employer has to send it to the EPFO office for processing. To ensure smoother transfer claim process, ensure that the date of leaving and date of joining are correct as any mismatch could delay the process. Also, these dates help EPFO in determining the service period of the employee for the EPS benefit.

Why transfer rather than withdraw
Typically, in early and mid-years of their careers, employees tend to switch jobs. After leaving, they have two options with regard to their employees' provident fund (EPF). Either they can withdraw it after waiting for 60 days (if unemployed) or transfer the balance to the new employer.

The EPF withdrawal is not taxable if one has completed at least five years of continuous service. If one has switched jobs in less than five years but transferred the EPF to the new employer, it will be counted as continuous service. Someone, for instance, works for 1.5 years and then joins another organisation. He transfers his PF balance on to the new employer where he continues to work for 3.5 years. Taken together, it will be five continuous years of service for the employee. It's, therefore, better to transfer your existing PF to your new employer.

Conclusion
EPF represents the debt portion of one's investment portfolio. The E-E-E (exempt-exempt-exempt) nature of EPF makes it an ideal savings vehicle directed towards retirement savings. Currently (2016-17), the EPF interest rate stands at 8.65 per cent. Your monthly savings into EPF is mandatorily through SIP as 12 percent of monthly basic salary moves into EPF. In addition, choose to invest through SIP in equity mutual funds till about 3 years away from retirement. To bring the best out of the power of compounding, keep transferring your PF funds as you switch jobs to lay a strong foundation for your retired life.

Source: Economic Times

EMKAY CONSULTANCY SERVICES (ESTT 1985)
LABOUR LAW CONSULTANT.
104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises,
Thane west 400602.
Call us- 022 25440636 / 022 25390466.
Cell No - 8655800550 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App https://goo.gl/qJ9CBf
Like us on Facebook

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