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Labour LawLatest Amendments in Labour Laws in India 2021

October 1, 2021by GLC & Partners0

Latest Amendments in Labour Laws in India 2021

Employees’ Deposit-Linked Insurance (Amendment) Scheme, 2021

The Central Government amended the Employees’ Deposit-Linked Insurance (Amendment) Scheme, 1976 by exercising its powers under section 66C read with section 7(1) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The changes are as follows:

  • Under paragraph 22(3), the minimum assurance benefit has been fixed as two lakhs fifty thousand rupees.
  • Under paragraph 22(3), the maximum assurance benefit is enhanced from six lakh rupees to seven lakh rupees.
  • The power to grant exemption to a class of employees from the provisions of the scheme under paragraph 28(4) has been delegated to Additional Central Provident Fund Commissioner.
  • Under paragraph 29, the monetary fine is enhanced to twenty-five thousand rupees
Draft Code on Social Security (Employees Compensation) Rules, 2021

Rule 3 states that if the compensation which is payable by the employer under section 77(3) of the Code on Social Security, 2020 (hereinafter referred as the “Act”) is not paid within 30 days, the employer shall pay 12% per annum (or any other rate as notified from time to time by Central Government) from the date on which the compensation become payable to the date on which it is paid.

Rule 4 provides the manner in which the notice to be given under section 92(1) and the manner of transmitting money under section 92(3). It states that the money shall be transmitted either by remittance receipt or by e-transfer/net banking/demand draft as the competent authority may direct.

Rule 5 states an application for claim or settlement under section 93(3) shall be made in Form-A, to the competent authority by registered post or electronically or may be presented either to him or his subordinates. The application shall be appended with a certificate in Form-B.

Rule 6 provides the arrangements as to how the money paid as compensation under section 159 shall be transmitted within and with other countries. Rule 7 provides the venue of proceedings and transfer of matters. 

An application for compensation by employee is to be made with the competent authority for employee’s compensation under rule 5(1) in FORM-A. An application for an order to deposit compensation under rule 5(2) is to be made in FORM-B. Notice under rule 7(1)(a) by the competent authority to be given in FORM-C. A report including transfer of any records or money by competent authority to be given in FORM-D.

The Central Minimum Wages Notification (April 2021)

The Ministry of Labour & Employment, Government of India has revised the rate of Variable Dearness Allowance (“VDA”) due to the effect of second wave of COID-19 pandemic. The VDA is revised on the basis of average Consumer Price Index for industrial workers (CPI-IW) a price index compiled by Labour Bureau.

Rates of wages for different categories of employees

Schedule Employment Category of employees Rate of wages including VDA Area wise per day (in rupees)
A B C
Construction or maintenance of roads or runways or building operations etc. Unskilled 645 539 431
Semi-skilled/ Unskilled supervisor 714 609 505
Skilled/Clerical 784 714 609
Highly skilled 853 784 714
Sweeping and Cleaning 645 539 431
Loading and unloading workers 645 539 431
Watch and Ward Without arms 784 714 609
With Arms 853 784 714
Agriculture Unskilled 411 375 372
Semi-skilled/ unskilled supervisor 449 413 379
Skilled/Clerical 488 449 412
Highly skilled 540 502 449

 

For Mines employees

Category Above Ground Below Ground
Unskilled 431 539
Semi-skilled/Unskilled supervisor 539 645
Skilled/Clerical 645 752
Highly skilled 752 840

 

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