STATUATORY COMPLIANCE FOR H.R &; LABOUR LAWS

Saturday, July 11, 2009

Kerala HC: Educational institutions are industrial establish

The Kerala High Court said educational institutions are industrial establishments.

A Division Bench comprising Justice K Balakrishnan Nair and Justice C T Ravikumar, while dismissing a batch of petitions challenging them inclusion of private schools under the ESI Act, observed that in a Supreme Court decision, educational institutions were industrial establishments and comes under the ESI Act.

The court also ratified the State Government order by which the Government schools were brought under the provisions of ESI Act.

The ESI Act is a beneficial legislation, which should be interpreted liberally, the bench added.

Friday, July 10, 2009

INTRODUCTION OF DOMESTIC ENQUIRY

Dear All,

Disciplinary proceeding is a part and parcel of HR professional life. It is indeed a very sensitive and tricky subject where mistakes can result in errant employees going scot free even after commiting offence or violating rules.

Its very necessary to conduct an unbaised domestic enquiry before taking any punitive action against an employee.

The steps are:

1. Issuing a charge sheet
2. Getting a reply to the charge sheet.
3. Appointing an Enquiry Officer.
4. Conducting the enquiry.

Please note that while conducting the enquiry adequate opportunity should be given to the delinquent to defend himself. and the same should be recorded.
5. Preparation of the Enquiry report.
6. Award of punishment by the punishing authjority.
7. If needed the accused can appeal before the appealing authority.
8. The decision of the appealing authiority tends to be final

I am enclosing a Domestic Enquiry write up and pdf of overview of domestic inquiry , which will help all HR in dealing with Disciplinary proceeding where domestic enquiry forms an integral part.

Suggestions and Comments are expected.

domestic_enquiry_158.doc (59.5 KB, 1566 views)

Click here for
An overview of Domestic enquiry

Tuesday, July 7, 2009

What are the periodical returns to be sent by an employer to the Provident Fund Office?

The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme,1976 and Employee Pension Scheme, 1995.

a) Form-9(Revised):

The details of employees enrolled as members of Employees' Provident FundS'52, Employees' Deposit Linked Insurance'76 & Employees' Pension Scheme'95 on coverage of the establishment- This is to be submitted immediately after coverage, within 15 days of coverage.

b) Form-12A:

The details of the contributions recovered form the members & paid along with details of employers' contribution & administrative charges- This is to be submitted monthly by 25th of following month.

c) Form-5:

The details of the employees enrolled newly to the Provident Fund- To be submitted along with Form-12A every month within 15 days of the following month.

d) Form-10:

The details of the employees leaving service during the month- To be submitted along with form-12A.

e) Challans:

The triplicate copy of challans in token of having remitted the Provident Fund dues in the bank- to be submitted along with form-12A every month.

f) Form-2(Revised):

Nomination form- To be submitted along with form-5/9.

g) Form-3A:

The details of wages & contributions in respect of each member, to be prepared financial year wise- To be submitted to the Provident Fund office by 30th of April every year.

h) Form-6A:

Yearly consolidated statement of contributions- To be forwarded yearly along with form-3A. It should be ensured that all the form-3A are entered in form-6A, irrespective of whether the form-3A was forwarded for the broken period and the total dues as per the form-12A for the whole year agrees with the total of form-6A within 30th April.

i) Form-5A:

Return of ownership of the establishment- To be forwarded immediately after coverage & whenever there is a change in the ownership, it has to be intimated with in 15 days of change.

j) Specimen signature:

Specimen signature of the officer/officers who are authorized to sign the returns/documents relating to Provident Fund forwarded immediately after coverage & whenever there is a change in
authorized officer.

What is the procedure to be followed by the member if the employer is not attesting his claim forms?

It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organisation to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. When a member finds difficult to get the form attested by the employer, he can get the attestation of any of the following officer & send to the Provident Fund office

Manager of a bank.
By any gazetted officer.
Member of the Central Board of Trustees./ committee/ Regional Committee (Employees'
Provident Fund Organization).
Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public.

Instructions for a member while sending application to Employees' Provident Fund.

Instructions for a member while sending application to Employees' Provident Fund Organization:

General:

Use the appropriate form for claiming Provident Fund Pension, withdrawal benefit/scheme certificate, Employees' Deposit Linked Insurance benefit, etc. as given below :-

Form-19 : To claim final settlement of Provident Fund by a member.
Form-20 : To claim Provident Fund by nominee/legal heir on death of the member.
Form-10-D : To claim pension. (In duplicate : If within state, In triplicate : If outside state.)
Form-10-C : To claim withdrawal benefit/scheme certificate under Employees' Pension Scheme '95.
Form-5IF : To claim assurance benefit under Employees' Deposit Linked Insurance '76 by nominee/legal heir of a member.
Form-31 : To claim temporary withdrawal/advance under Employees' Provident Fund scheme
'52.
Form-13 : To effect transfer of Provident Fund/Pension from one A/C to another.

Ensure that all columns of the application are filled completely.
Information in the application form relating to name, a/c no. should agree with the details
available with Employees' Provident Fund Organization; which were furnished by the employer at the time of enrolling to Provident Fund.
Application should be signed by the member/claimant.
It should be attested by the former employer. In case attestation by the former employer is not possible, it should be got attested by any other authorized official specified with application form.
Application for final settlement can be sent by a member on completion of 2 months from the date of leaving service, if the reason for leaving service is other than superannuation, medical ground, retrenchment and V.R.S./ Female members getting married etc.
Desired mode of payment can be given legibly, if the amount involved is more than Rs. 2000/-. The amount will sent by deposit in payees' bank a/c. To facilitate this, Bank a/c no., name and address of the bank should be furnished. An advance stamped receipt should also accompany this application.
Application may be supported by the return Form-10, showing the details of leaving service and details of contribution for the year in Form-3A, if not sent earlier by the employer.

Specific additional requirements:

A) Death cases:

Nominee/legal heir should apply in Form-20 /Form-10-D /Form-5IF.
If the member has not executed any nomination, application should be supported by certificate of family members issued by employer/revenue official/sworn in an affidavit by the family/ member/legal certificate from a court of law.
Death certificate of the member.
Certificate of the employer stating whether the death was while in service of the member or not.

B) Pension cases:
Joint photograph of member/spouse or the claimant should accompany the application.
Option for return of capital/commutation should be specified clearly.
Details of non-contributory period during the service, wages/salary for last 12 months should also accompany, if not already sent.
Details of the branch of the specified bank may be given legibly.
Date of birth certificates of children
In case of death away from service, an undertaking by the claimant to the effect that the member was not working / had not worked in any other covered establishment after exit from the establishment on the basis of which pension is being claimed.