KNOWLWEDGE SHARING ON RECENT AMEMDEMENTS IN VARIOUS LABOUR LAWS

Sl. Title/Name of the Issue Involved Amendment Details Notification details

No. Act amended
1 Minimum Wages Amendment in the Schedule of  Employment of “sweeping and cleaning’ Notified vide Notification No
Act 1948 Employment S.O. 1994(E) dated 7th
August 2008.

 Employment of “Watch and Ward “ Notified vide Notification No

2288 (E ) dated 18th
September 2012.
2 The Payment of  Introduction on Nomination Form  Every employed person drawing wages less Notified vide Notification No
Wages than Rs.18000/- shall make declaration in F.No.S-31012/1/2008-
(Nomination) FORM I nominating a person conferring the WC/(PW) dated 13th
Rules, 2009 right to receive the amount that may stand in November 2009
his credit at the event of Death.
3 Workmen  Title of the Act changed.  In the long title of the Workmen Compensation Notified by Ministry of Law
Compensation  Compensation amount enhanced Act, 1923 for the word “workmen”, the word And Justice (Legislative
(Amendment) Act  Medical expenditure incorporated “Employees” was substituted. Department) on 23rd
2009.  The minimum compensation on death December 2009 vide
Effective from amended to Rs.1.2 lacs against Rs.80,000/- Notification No 45 of 2009
18.01.2010 and Rs.1.40 lacs in case of permanent dated 22.12.2009
Now called as disablement against Rs.90,000/-
“Employee’s  The Employee shall be reimbursed the actual
Compensation medical expenditure incurred by him for
Act,1923” treatment of injuries caused during the course
of employment.
 Funeral expenses not less than Rs.5000/-

4 Payment of  Change in definition of “Employee”  In the definition of employee the words “ to do Notification No 47 of 2009
Gratuity any skilled, semi-skilled, or unskilled, manual, dated 31.12.2009, Ministry of
(Amendment) Act supervisory, technical or clerical work, Law and Justice (Legislative
2009. whether the terms of such employment are Department) dated
express or implied has been replaced by words 31.12.2009.
“ any kind of work, manual or otherwise .

5 Employees State Coverage ceiling revised  Employees drawing wages of Rs.15000/- per Notified by Ministry of
 Insurance Act,1948 month covered under the Act. Earlier Ceiling Labour And Employment on
was Rs. 10,000/- 26th April 2010 vide Gazette
Notification No G.S.R.
349(E) dated 20.04.2010.

6 Payment of  Maximum Gratuity ceiling revised.  The gratuity ceiling of maximum gratuity Notification No 15 of 2010
Gratuity payable has been revised to Rs.10.00 lacs w.e.f dated 18.05.2010, Ministry of
(Amendments) Act 24.05.2010. Law and Justice (Legislative
2010 Department) dated
18.05.2010 and Notification
No S.O.1217(E) dated 24th
May 2010.
7 Employees Coverage of Class of Establishment  Class of establishment running university, any Notified by Ministry of
th
Provident Funds college, any school, any scientific institution, Finance on 25 May 2010
and Miscellaneous research institution, imparting knowledge or
Provisions Act training is carried on against charges or fee or
1952 run any hospital ,nursing home or clinic
charging fee are not exempted and covered
under the ACT .
8 Employees State Extension of coverage with other  An accident occurring to an employee while Notified by Ministry of Law
th
Insurance amendments commuting from his residence to the place and Justice on 24 May 2010
(Amendment )Act of employment for duty or from the place vide Notification No. 18 of
2010 of employment to his residence after 2010
performing duty, shall be deemed to have
arisen out of and in the course of employment
9 Employee’s Enhancement of Monthly wage ceiling  For the purpose of computation of Notified by Ministry of
st
Compensation Act Compensation monthly wages revised from Labour on 31 May 2010
1923 Rs.4000/- to Rs.8000/- w.e.f. 31.05.2010 vide Notification No S.O.
1258(E) dated 31st May 2010.
10 Industrial Disputes  Enhancement of Wage ceiling to be  “Supervisor” with other conditions, drawing Notification No 24 of 2010
(Amendment) Act, a “Workmen” for coverage under the wages exceeding Rupees Ten thousand per dated 18.08.2010, Ministry of
2010. Act. month is not considered as “workmen”. Law and Justice (Legislative
 Constitution of Grievance Redressal Earlier the wage condition was Rs.1600/- per Department) dated
Machinery month. 19.08.2010.
 It is now mandatory to constitute Grievance
Redressal Machinery
11 Employees Coverage of Class of  Municipal Council and Municipal Notified by Ministry of Labour on
th
Provident Funds Establishment corporations are under the purview of the Act 08 January 2011 vide
and Miscellaneous Notification No S.O. 30(E) dated
Provisions Act 8th January 2011.
1952
12 Employees State Enhancement of Funeral  Funeral Expenses enhanced to Rs. 10,000/- Notified by Ministry of Labour
Insurance (Central) Expenses under Rule 59 from earlier Rs. 5,000/- And Employment on 23rd March
(Amendment) 2011 vide Gazette Notification No
Rules, 2011 G.S.R. 229(E) dated 22.03.2011.

13 Maternity Benefit Provision for Payment of Medical  Every woman entitled to maternity benefit Notified by the Ministry of
(Amendment )Act Bonus introduced under this act shall also be entitled to receive Labour and Employment vide
2008 from her employer a medical bonus of Three notification dated 19th December
Thousand Five Hundred rupees, if no pre- 2011.
natal confinement and post natal care is
provided for by the employer free of charge.

14 Payment of Wages  Enhancement wage ceiling  This Act applies to wages payable to an Notified vide Notification No
(Amendment )Act employed person whose wages does not exceed S.O.2260(E) dated 11th September
2005 Rs.18,000/- per month. 2012.
15 Employees Enhancement of Wage ceiling  Employees’ Provident Fund Scheme 1952 has Notification dated 22.08.2014,
Provident Fund with effect from September been amended to increase the wage ceiling The Gazette of India,
Scheme 1952. 1,2014 from Rs.6500/- per month to Rs.15,000/- per Extraordinary
month in the Employees’ Provident Fund
Scheme 1952
16 Employees’ Enhancement of Wage ceiling  Employees’ Pension Scheme 1995 has been Notified by Ministry of Labour
Pension with effect from September amended to increase the wage ceiling from And Employment on 22nd August
(Amendment) 1,2014 Rs.6500/- per month to Rs.15,000/- per month 2014 vide Gazette Notification No
Scheme 2014. in the Employees’ Pension Scheme 1995 G.S.R. 609(E) dated 22.08.2014.
17 Employees Deposit Enhancement of Wage ceiling  Employees’ Deposit Linked Insurance Scheme Notified by Ministry of Labour
Linked Insurance with effect from September 1976 has been amended to increase the wage And Employment on 22nd August
Scheme 1976 1,2014 ceiling from Rs.6500/- per month to 2014 vide Gazette Notification No
Rs.15,000/- per month in the Employees’ G.S.R. 610(E) dated 22.08.2014.
Deposit Linked Insurance Scheme 1976.
 The Maximum Benefit of EDLI Rs.3.6 lacs
18 Apprentices Major amendment  “Designated trade” mean any trade …engineering or Notified by the Ministry of Law
(Amendment ) incorporated in the non-engineering or technology or any vocational and Justice on 8th December 2014
Act’2014 Apprentices Act 1961 with course. vide Notification No 29 of 2014
provision of engaging more  “Graduate or technical apprentice “ mean …he dated 5th December 2014.
apprentices in the may hold a degree or diploma in engineering or non-
Establishment and role of engineering or technology or equivalent qualifications
Employer  “Industry” mean …Engineering or non-engineering
 “Workers” means any person employed directly or
through Contractor
 Apprentices engaged in hazardous industry must not
be less than 18 years of age.
 Apprentices shall be entitled to such leave and
holidays as are observed in the establishment.
 Information to be given on Portal by the Employer.
 Employer to give requirement trade wise on the
portal.
 Employer to formulate own policy for recruitment of
apprentices,
 Penal action on Employer on non-compliance

19 Employees’ Widow Pension Table  On revision of the wage ceiling with effect from Notified by Ministry of Labour
Pension (Second revised 01.09.2014, benefit of Pension to widow based on last and Employment on 26th March
Amendment) wages has been revised retrospectively 2015 vide Gazette Notification No
Scheme 2015 G.S.R. 226(E) and 227(E) dated
26.03.2015.
20 Payment of Bonus Enhancement of Coverage  All employees earning Rs. 21,000/- a month will be Notification No 6 of 2016 dated
(Amendment) Act, and Entitlement ceiling entitled for Bonus. Earlier the Coverage ceiling was 31.12.2016, Ministry of Law and
2015 retrospectively with effect Rs.10,000/- Justice (Legislative Department)
from April 1, 2014.  Ceiling of Bonus Calculation has been enhanced from dated 01.01.2016
Rs.3500/- a month to Rs.7000/- or the minimum
wages for the scheduled employment, as fixed by
the appropriate Government, whichever is higher.
 Minimum Bonus Payable Rs.6997/-
 Maximum Bonus Payable 16800/-
21 Employees' Condition for withdrawal  In paragraph 68-NN of the said Scheme,- 54 years is Notified vide Gazette notification
Provident Funds at the time of separation substituted with 57 years number 93 dated 10.02.2016
Scheme, 1952 and age of superannuation  68-NNNN. Option for withdrawal on cessation of [G.S.R. 158 (E)] of Ministry of
revised employment.-introduced Labour and Employment.
i. Withdrawal allowed upto Member’s own total
contribution including interest thereon
ii. Condition : Member shall not be employed in
any factory or other establishment, to which
the Act applies, for a continuous period of not
less than two months immediately preceding
the date on which such application
iii. requirement of two months' period referred to
in sub-paragraph (2) shall not apply in cases of
female members resigning from the services
of the establishment for the purpose of getting
married or on account of pregnancy or child
birth.

 In paragraph 69, 55 years is substituted by 58 years

22 Employees’ Benefit under EDLI  The Maximum Benefit of EDLI enhanced to Notified vide Gazette notification
Deposit Linked Scheme Rs. 6 lakh (Earlier limit was 3.6 Lakh) number G.S.R. 543(E) dated
Insurance 24.05.2016 of Ministry of Labour
(Amendment)  Minimum Assurance Benefit- 2,50,000/- and Employment.
Scheme, 2014  Maximum Assurance Benefit- 6,00,000/-

Calculation The average monthly wages drawn (max.

15000/) during preceding 12 months multiplied by 30
times + 50% the average balance in the account of
the deceased in the fund or of a Provident Fund
exempted whichever is less subject to ceiling of Rs.
1,50,000/-
23 Employee Pension Pradhan Mantri Rojgar  Incentivize employer registered with the Employees’ Ministry of Labour letter No.
Scheme 1995 Protsahan Yojana Provident Fund Organization (EPFO) for job creation DGE-U-13015/1/ 2016-MP (G)
(PMRPY) by the Government paying the 8.33 % contribution of dated 09.08.2016
employers to the Employee Pension Scheme (EPS) in
respect of new employees having a new Universal
Account Number (UAN)
24 Employees’ State Coverage ceiling revised  Employees drawing wages of Notified vide Gazette notification
Insurance (Central) Rs.21,000/- per month covered number 878 dated 22.12.2016
Third Amendment under the Act. Earlier Ceiling was [G.S.R. 1166(E)] of Ministry of
Rules, 2016 Rs. 15,000/- Labour and Employment.

25 Ease of Registers simplified/combined under :  New / Revised Registers to Notified vide Gazette notification
Compliance to (i) Building and Other Construction Workers maintain: number 126 dated 21.02.2017
Maintain Registers (Regulation of Employment and Conditions  [G.S.R. 154(E)] of Ministry of
under various of Service) Act, 1996 (27 of 1996); Labour and Employment.
Labour Laws (ii) Contract Labour (Regulation and
Rules, 2017. Abolition) Act, 1970 (37 of 1970);
(iii) Equal Remuneration Act, 1976 (25 of
1976);
(iv) Inter-State Migrant Workmen (Regulation
of Employment and Conditions of Service)
Act, 1979 (30 of 1979);
(v) Mines Act, 1952 (35 of 1952)
(vi) Minimum Wages Act, 1948 (11 of 1948);
(vii) Payment of Wages Act, 1936 (4 of
1936);
(viii) Sales Promotion Employees (Conditions
of Service) Act, 1976 (11 of 1976); and
(ix) Working Journalists and Other
Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act,
1955 (45 of 1955);
 Recent Amendments in Labour Laws in India
SL ISSUES INVOLVED DETAILS OF AMENDMENTS
NO
1 Labour Codes 44 Labour Laws in India will be merged 02 Bills such as The Code on Wages Bill 2019 and The
to 04 Labour Codes
1. The Code on Wage
2. The Social Security Code
3. The Occupational Safety Health Draft Labour Code on Occupational Safety Health & Working
& Working Conditions Code
4. The Industrial Relations Code
2 The Wage Code, 2019 The Minimum Wages Act, 1948, The
Payment of Wages Act, 1936, The
Payment of Bonus Act, 1965, and the
Equal Remuneration Act, 1976 are
merged to form The Wage Code 2019
Minimum Wages Act
Payment of Wages Act
Payment of Bonus Act
Revision of Minimum Wages
National Minimum Wages
Penalties
REMARKS
Occupational Safety Health & Working Conditions Code were
introduced in Parliament and out of these The Code on Wages 2019
was notified in August, 2019
Conditions was introduced in Parliament.
Minimum wages to be paid to ALL (Earlier it was for Schedule
employments with more than 1000 employees)
Provisions reg. Payment of Wages will apply to ALL employees
(Earlier applies to employees whose wages do not
exceed Rs.24000/- per month)
Bonus will apply to employees whose wages do not exceed a
monthly amount as notified by Central or State Governments
(Earlier it applied to employments with 20 or more persons and for
employees whose wages do not exceed Rs.21000/- per month)
Mandates that minimum wages be revised in 5-year intervals
The Central Govt. may set a National Minimum Wage and may set
different national minimum wages for different States and regions
Employers who pay less than what is due under the Code will pay a
fine of upto Rs.50,000/-. If an employer is guilty of repeat offence
within five years, penalties include imprisonment up to three months
or a fine of up to Rs.1 lakh or both. Employers who do not comply
with any other provision of the Code will pay a fine of up to Rs.
20000/-. If an employer is guilty of the same offence again within
five years, penalties incl. imprisonment up to one month or a fine of
upto Rs.40,000 or both.
3 PF & Miscellaneous EPS, 95 Pension of actual wages based on Kerala High Court Judgments.
Provisions Act, 1952 However, notification in this regard is yet to come. (Earlier pension
was calculated on wage ceiling of 15000/-)
4 Maternity Benefit Act, Maternity Leave Total 26 weeks of Maternity Leave subject to maximum of 08 weeks
1961 prior to delivery date.

Crèche Crèche facility for every establishment where 50 or more employees

are employed.
5 ESI Act, 1948 Contribution Revised Contribution :
Employer-3.25% of basic wage +DA (Earlier 4.75%)
Employee- 0.75% of basic wage +DA (Earlier 1.75%)
6 The Gratuity Act, 1972 Gratuity Payment Maximum gratuity payable is Rs.20,00,000/- (Earlier it was Rs.
10,00,000/-)