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Raychand Jiwani
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labour law consultant
labour law consultant

112 followers
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Provident Fund ( PF ) Govt. Notification & Process Flow Chart for Online Name, DOB Or Gender Correction

EPFO Office has issued notification that if there will be any Personal details (Name, DOB Or Gender) corrections, then employee can directly do it ONLINE from their UAN portal and the same request will go to Employer. The employer will validate it online and the intimation will go to PF office. The EPF staff will then process the requested corrections.

Currently, if an employee wants to correct his/her basic details against UAN, employee and employer are required to submit a joint-request to the concerned EPFO field office.

In order to reduce the paper work, the EPFO has now launched a new facility, where-in an employee can now submit an online request for EPF UAN name correction. No need to fill Name change/correction form.

Mr.Raychand Jiwani (Shah)

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
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30/11/2018
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Extension of the ESI Scheme to Construction Site Workers has been stayed.

Sureme Court of India vide its order 06.07.2018 has stayed the order of Bombay High Court at Goa dated 14th March 2017 as also the Circular dated 31st July 2015 of the ESIC which had extended ESIC scheme to Construction Site Workers.

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Update on ESIC regarding revision in eligibility conditions for Super Specialty Treatment

Revision in eligibility conditions for Super Specialty Treatment to the Insured Persons and members of their family.

Memorandum attached.

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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11/6/18
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Seminar for employees on benefits of PF and ESIC

We conduct seminars on benefits of PF and ESIC for employees and various procedures involved in availing those benefits.

Contact for more details:

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Seminar for employees on benefits of PF and ESIC

We conduct seminars on benefits of PF and ESIC for employees and various procedures involved in availing those benefits.

Contact for more details:

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
Our Google+ A/c
Our App
Like us on Facebook
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Get Shop License Registration done.

Contact:

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Our App
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How EPS amount can be tracked by employees (Article on Economic Times)

An individual switches jobs and usually transfers the Employees' Provident Fund (EPF) balance to the new employer. But what happens to the funds in the Employees' Pension Scheme (EPS) continues to remain a mystery for many. While the PF account number of the new employer shows the transferred EPF balance, what about the EPS money from the previous employer?

Here are a few pointers on how the EPS works and how one can avail it:

*An employee contributes 12 per cent of his basic salary directly towards EPF.

*He does not contribute directly towards EPS.

*Of the employer's share of 12 per cent, 8.33 per cent is diverted towards the EPS, with a cap of Rs 1,250 (earlier Rs 541) a month.

*When the employee switches jobs, the EPF gets transferred to the new employer, but not the EPS.

*When the employee switches jobs, the EPS contributions stay with the EPFO.

*The employee has the option to either withdraw the EPS amount or carry it forward to the next job. This, however, depends on the length of his service and his age.

Less than 10 years in job
If an employee has not completed 10 years in service, he can either withdraw the EPS amount, or take the 'scheme certificate'. If he is still working, but hasn't completed 10 years, this, however, is not possible. He can apply only after he has quit his job, i.e., before joining another company.

The option to withdraw or take the scheme certificate has to be submitted by filling Form 10C.

Recently, the EPFO introduced 'UAN based Form 10C.

This form can only be used by an individual who has furnished employee details to the existing employer in 'Form 11-New', furnishing the Aadhaar, bank details, and after getting the Universal Account Number (UAN) activated by providing a cancelled cheque with name, account number and IFS Code. Currently, UAN based Form 10C can only be used for withdrawal and not for taking the scheme certificate.

If you have worked for less than six months, the EPS contributions cannot be withdrawn as the EPFO rules say that for those who have not yet completed 180 days in the organisation, the withdrawal benefit is not admissible. One can, however, apply for the scheme certificate.

The employee won't get the entire contribution (Rs 541/Rs 1,250 a month) back after applying through Form 10C. The amount received will be subject to Table D as attached.

How it works: If the salary at the time of EPS withdrawal after 8 years , by filing form 10C, is Rs 15,000, then the EPS money one receives is Rs 1,23,300 (Rs 15,000 * 8.22).

Remember, the employee who hasn't completed 10 years and does not wish to withdraw his EPS money, may opt for the scheme certificate as well.

Scheme certificate
Form 10C asks you to choose between the scheme certificate or withdrawal benefit along with filing the date of joining and leaving the company. The EPS money can be withdrawn by an employee or it can be carried forward through a scheme certificate while switching jobs.

If you have taken a scheme certificate, submit it to the EPFO through the new employer. When you leave the job, you will again have to fill Form 10C. The EPFO will add the new number of years in the scheme certificate, showing the cumulative service record and give it back to you through your employer.

This continues till one reaches the age of 58 and then surrenders the certificate to the EPFO to start getting pension. One may opt for early pension (reduced to that extent) after 50 years provided one has completed 10 years of service.

More than 10 years of job
For an employee, the service for six months or more is treated as one year. Therefore, 9 years and six months will be considered 10 years. Once 10 years are completed, the withdrawal benefit stops and one can only take the scheme certificate from the EPFO by filling the same Form 10C.

Time for pension payments
Pension begins at the age of 58 and for that, one need to fill Form 10-D ( download here). Let's see how much pension one could get after the hard times of a working life. The pension amount is based on a formula:

While working, the maximum amount that can go into the EPS of an employee is 8.33 per cent of the employer's share, but the basic pay is capped at Rs 15, 000. So the amount comes to Rs 1,250 each month, i.e., Rs 15, 000* 8.33 per cent. As the EPS funding is capped, the pension that one will get is also capped and is based on the following formula:

(Pensionable Salary * service period) / 70.

The pensionable salary is capped at Rs 15,000 and service period at 35 years. Therefore, irrespective of the actual years and the basic salary, the maximum monthly pension would be Rs 7,500.

To be eligible for pension (for lifetime and then family pension), one has to work minimum 10 years and then keep accumulating service period through scheme certificates.

How EPS works
Remember, an employee does not directly contribute towards his own EPS. It's the portion of the employer's contribution that moves into the EPS. An employee contributes 12 per cent of his basic pay towards the EPF account.

The employer is supposed to match the employee's minimum contribution of 12 per cent. Of this, 8.33 per cent is diverted towards the EPS and the balance of 3.67 per cent moves into the EPF account. In effect, 15.67 per cent of the employee's salary goes into EPF account each month.

Conclusion
Peanuts for pension, they say and rightly so. With the maximum pension capped at Rs 7,500 a month and not even indexed to inflation, the dependency on it is certainly not possible. From September 1, 2014, the EPS is only for those new members earning less than Rs 15,000. Therefore, new employees whose basic pay is more than Rs 15,000 will not see any diversion of 8.33 per cent (of the employer's share) towards the EPS. For older employees, the diversion will, however, continue.

Source: Economic Times

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Interest Rate On General Provident Fund, Other Related Schemes Raised To 8% (Article on NDTV.com)

The interest rate on GPF was 7.6 per cent for the July-September quarter of 2018-19.

The government has increased the rate of interest for General Provident Fund (GPF) and other related schemes by 0.4 percentage points to 8 per cent for the October-December quarter.

The rate is in line with that for Public Provident Fund. The interest rate on GPF was 7.6 per cent for the July-September quarter of 2018-19. "... during the year 2018-2019, accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8 per cent with effect from October 1, 2018, to December 31, 2018," a Department of Economic Affairs' notification said.

The interest rate would apply on Provident Funds of central government employees, railways and defence forces. Last month, the government announced that the interest on small savings, including NSC and PPF, will be hiked by up to 0.4 percentage point for the October-December quarter, to align it with rising deposit rates in the banks.

Source: NDTV.com

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Kerala High Court sets aside PF pension changes, (Article on The Hindu)

Changes in scheme had reduced benefits to employees.

A Division Bench of the Kerala High Court on Friday set aside the Employees Pension (Amendment) Scheme (GSR609(E)) effecting various changes that have drastically reduced pension eligibility of employees.

The Bench comprising Justices K. Surendra Mohan and A.M. Babu passed the verdict, while allowing a batch of 507 writ petitions filed by various organisations and employees challenging the amendment.

The petitioners pointed out that the amendment order issued on August 22, 2014, limited the maximum pensionable salary to ₹15,000 per month. They contended that it was against the spirit of the scheme.

The amendment omitted an earlier provision allowing employees to be paid pension on the basis of the actual salary drawn by them if they had contributed on the basis of actual salary drawn by them on a request jointly made by employees and the employer.

As a result of the amendment, pension of the employees is calculated taking an average of 60 months pay, instead of 12 months. The petitioners pointed out that the amendment classified employees into two categories; as retiring prior and after September1, 2014.

Besides, the requirement of additional contribution at 1.6% in the case of existing employees was against the very purpose of the Act. The amendment also omitted an earlier provision permitting exercise of joint option by the employer and employees to contribute to the pension on salary exceeding ₹6,500 per month from the date of commencement of the scheme.

It also stipulated that fresh option should be exercised within 6 months from the first day of September 2014.

The court also set aside the orders of the Employees Provident Fund Organization declining to grant opportunities to the petitioners to exercise a joint option to remit contributions to the Employees Pension Scheme on the basis of actual salaries drawn by them.

The court also ordered that employees shall be entitled to exercise the option stipulated by the scheme without being restricted in doing so by the insistence on the date.

The employees who have been making contributions on the basis of their actual salaries after submitting joint option were denied the benefits of their contributions without any justification.

Besides, to cap the salary at ₹15,000 for quantifying pension was absolutely unrealistic. A monthly salary of ₹15,000 then worked out only to about ₹500. Even a manual labourer was paid more than the this amount as daily wage. Therefore, the amendment limiting the maximum salary to ₹15,000 for pensions would deprive most of the employees a decent pension in their old age.

Since the pension scheme was intended to provide succour to the retired employees, this objective would be defeated by capping the salary. The court also added that the Provident Fund authority had no right to deny pension legitimately due to the employees on the ground that the fund would get depleted.

It also observed that the stipulation that average monthly pay drawn over a span of 60 months preceding the date of exit as the pensionable service deprived the employees of a substantial portion of their pension. The judges noted that “no scheme that defeats the purpose of enactment by reducing the pension payable to the employees in their old age to a ridiculously low amount, which is not sufficient even for ensuring a decent life to them cannot be sustained.”

Source: The Hindu

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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Supreme Court stays applicability of ESI to construction site workers / labour

The Employees State Insurance Corporation had issued a Circular bearing No. P.12/11/11/60/20110-REV.II dated 31/07/2015 extending the benefit of ESI Scheme to the construction site workers, deployed in the implemented area with effect from 1st August, 2015.

The Bombay High Court had held that any person employed by or through an immediate employer or under the supervision of principal employer or his agent who is ordinarily part of the work of the establishment falls within the ambit of the Insurance Act for all purposes. It was held that the applicability of the Insurance Act, cannot be stated to be in conflict with existing field and the other special laws.

However, the Supreme Court had issued an interim order staying the the order of the Bombay High Court and also the Circular dated 31st July, 2015 of the Employees State Insurance Corporation until further orders

ESIC Circular directing not to collect ESIC contributions from Construction Site Workers.

EMKAY CONSULTANCY SERVICES (ESTT 1985)

LABOUR LAW CONSULTANT
PF, ESIC, PT, MLWF, Contract Labour Act, Bonus,
Gratuity, Maternity Act, Minimum Wages, Payroll,
Sexual Harassment of Women at Workplace, Udyog Aadhaar
LIN Generation, Labour Law Compliance and Vendor Audit

104, Animesh Appartment, lohar ali,Station Road,
Near Karnavat Classes & Laxmi book depot,
Above SUN Enterprises, Thane West 400602

Office Nos. - 022 25440636 / 022 25390466 / 8655800550
Mr. Raychand J. - 8779875109 / 9833043749.
www.emkayconsultancy.in
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