the mane of which of the following legislataions hass been recently changed
Answers
ADP India hosted a webinar on The Most Recent Amendments in Indian Labour Law Legislations and their Effects on Your Establishment on 9 May 2018. The webinar recording can be viewed below.
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>The Most Recent Amendments in Indian Labour Law Legislations – Webinar FAQs
The Most Recent Amendments in Indian Labour Law Legislations – Webinar FAQs
Posted by: The Connect@ADP Team on 17 May 2018 in Compliance
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amendments to Indian labour law
ADP India hosted a webinar on The Most Recent Amendments in Indian Labour Law Legislations and their Effects on Your Establishment on 9 May 2018. The webinar recording can be viewed below.
There were many interesting questions that came up during and after the webinar. While Mr. Anandan answered several of them during the webinar, there were some questions that he did not have the time to answer. We have drafted these questions and answers into a quick Frequently Asked Questions (FAQ) format, for the benefit of everyone. If you have further questions, please comment below and we’ll answer as soon as we can.
FAQs: The Most Recent Amendments in Indian Labour Law Legislations and their Effects on Your Establishment
We are unable to approve more than one KYC in the new unified portal. We have a digital signature enrolled in the portal. Currently, we are able to approve one KYC document in the portal and nothing more. The approval screen goes grey and inactive if we try to approve the second one. Request your clarification.
The issue may not be with PF portal. Kindly check with the Vendor who had given you the dongle. If you still face problems, you may have to visit the IT department of the Regional PF Office.
What is the current process of withdrawing EPF and EPS? There are continuous changes in the EPFO and we are not aware of these amendments.
Upon separation from the PF membership of the establishment, if a member wishes to withdraw, he/she should not be employed in any other organisation. The member can apply for withdrawal after 60 days of PF remittance of his last deducted contribution.
Alternatively, a PF member who is female, for the purpose of her marriage can apply for withdrawal immediately, but should not be employed in any other organisation. Further, those who are going abroad for higher education, employment opportunities or for other purposes, can also apply for withdrawal immediately.
Can’t all the companies shift to the online transfer of PF? We approve the transfer requests based on the document provided. But there are still some companies resorting to paper format. Request you to explain.
Online transfer is not possible in many PF members, for reasons, that (1) personal details of the PF member – DOJ, DOB, Fathers Name, Marital status, etc. are not updated (2) KYC details – PAN, AADHAR, Bank details are missing (3) AADHAR was not seeded to UAN
What is the penalty if the person has not withdrawn his PF for more than three (3) years? Some of our ex-employees have moved abroad and not withdrawn their PF.
There is no penalty for anyone – employer or employee. The monies lying with EPFO will accrue interest until the PF member (or) Nominee withdraws.
Under PMRPY, please elaborate as to what you mean by ‘existing beneficiary for his remaining period’.
The establishment would have already registered under PMRPY and the beneficiary’s name could have been included in the portal to avail benefits. The reimbursement of benefits to the establishment, in the name of such beneficiary would be three (3) years from their date of joining/date of registration into PMRPY. Hitherto, the benefit was 8.33% of employer contribution and effective 1st April 2018 wage month, it would be 12%. If availing of benefits was already commenced, the establishment would get 12% for the remaining period of total three (3) years.
The question is in case of involuntary exits: If an employee serves and gets terminated in less than five (5) years, is it mandatory for the employer to pay ex-gratia?
Ex-gratia is not mandatory under the Act.
If Gratuity is a part of CTC, is it the obligation of the employer to pay the gratuity even if the employee serves for a year?
It is only between the employee and employer if such compensation is mentioned in the CTC. Statutorily it is not obligatory under the Payment of Gratuity Act.
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