Provident Fund, ESIC, Gratuity & Bonus

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There are number of labour laws applicable to run a business organisation. Therefore each organisation needs to know about them, so that they can be complied with. In case of any failure, ignorance of law will not be acceptable. In the modern times, all corporate organisations therefore make every effort to ensure that all labour laws as applicable to their kind of organisation where are complied with.

With Latest Amendments:

• The Employees Provident Fund Act 1952 & Pension Scheme 1995 (With Latest Supreme Court Judgment)
• The Employees State Insurance e Scheme (ESIC) 1948.
• The Payment of Bonus Act 1948.
• The Payment of Gratuity Act, 1972.
• The Employee’s Compensation Act, 1923.
• The Maternity Benefit Act, 1961.
• Minimum Wages Act
• The Maharashtra State Profession Tax Act, 1975.
• The Maharashtra Labour Welfare Fund Act, 1953.

The programme will cover the following aspects for above acts:

• Recent / Latest Amendments
• Coverage & applicability
• Important highlights
• Compliance aspects
• Care to be taken by the employer to avoid penal consequences
• Important judicial pronouncements
• Practical issues in day to day compliance.

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Broad fundamentals & compliance aspects of the following would be covered in this workshop

• Code on Wages 2019
• Supreme Court Order: on Payment of Salary / Wages during the lockdown period.
• Hon’ble Supreme Court Judgement of 28th Feb 2019 for Basic Wages on PF
• Statutory Compliances under PF, ESIS, Bonus, & Gratuity etc. along with the latest updates.
• Recent amendments under ESI Act for Shops and Establishment in Maharashtra State.
• Details on Provident Fund Benefit Declared under ATMANIRBHAR BHARAT ROJGAR YOJNA by Finance Minister on 12th November, 2020

Course Content

• Benefits to employer and employees available under Provident Funds – “ATMANIRBHAR
• BHARAT ROJGAR YOJNA” declared on 12th November, 2020.
• How to count 10 person’s for applicability of ESI Act, as per recent amendments under ESI Act for Shops and Establishment in Maharashtra State?
• Whether wages are legally payable for such period of forced lockdown?
• Legal effect of Advisories issued by the Central Government for protection of employment
• and wages of employees.
• Legal effect of the orders dated 31st March 2020 issued by the Government of Maharashtra
• under Section 24 of the Disaster Management Act, 2005.
• Whether an employee in essential services can be compelled to report for work?
• Whether an employee in non-essential service, capable of working from home, can refuse to
• do so on the grounds that employees whose duties cannot be performed from home are also
• getting wages and he needs extra payment?
• Whether wages are payable when there is inability to report for work when no transport
• facility is available through employer’s establishment is open.
• Rights of the employer where an employee chooses to stay away on account of fear of the
• pandemic, family pressure. Situations in essential services.
• Can an employer, in essential services, permit an employee to use his accrued leave in case he
• not able to report? Whether an employer can enter into an agreement/settlement with his
• employees for reduction or deferment of wages?
• If an employee in essential services reports for work and contracts COVID 19 will it be considered as an ‘accident arising out of and in the course of employment’ rendering the employer liable for compensation and special leave?
• Under Provident Fund Act – what are the latest benefit allowed to the employers, regarding payment of employer and employee’s contribution which is amounting to 12 % +12 % = 24 %, which will be payable by Government of India for the month of March 2020, April 2020 & May 2020.
• What is coverable limit of ESI w.e.f from 1st January, 2017?
• Whether Covid-19 (Corona Virus Disease) is covered under the ESI Act?
• Whether ESI is applicable on Gross Salary or Basic Salary?
• ESI Act is applicable to whom and what is its benefit.
• Unemployment benefit – payable under the ESI Act? & When?
• Whether voluntary coverage is possible under ESI and PF Act?
• ESI Covered Employees after retirement – what is eligibility criteria.
• ESIC: – Documents for Registration / obtaining Code Number.
• ESI / PF dues payment has to be made on or before which date?
• Whether ESIC Act is Applicable after attaining the 65 years of age.
• Minimum number of attendances required for eligibility of bonus.
• Calculation and Forfeiture of Gratuity and Bonus.
• Bonus is Payable on Rs. 7,000/- or minimum wages under schedule employment when basic +
• DA is Rs. 22,500/-
• Whether monthly Bonus is payable under the Bonus Act? If yes, then how?
• What is salary / wages (Basic + D.A) limit and on what amount Bonus is calculated.
• When Gratuity is applicable and payable.
• Gratuity is payable on which components of salary
• What is the maximum limit under the Gratuity Act, for which Income tax exemption can be
• claimed?
• Is there limit for ex-gratia payment? Is it compulsory?
• Whether Employer can pay more amount of Gratuity then prescribed under the Act? If yes
• under what circumstances?
• Minimum Number of Days attendance required is required for entitlement of Maternity under
• Maternity Benefit Act.
• Recent amendments / updates on, ESI, Bonus Act?
• Contract Employees: – ESI; Bonus; Gratuity; payable by whom.
• Under PF act what are grounds for enquiry u/s. 7A is initiated by the department?
• What is the judgement of Supreme Court dated 28th Feb 2019 with regarding to PF
• Contribution Payable on which component of salary?
• What is the magic salary / wages of Rs. 15,000/- (Basic + D.A) under Provident Fund Act?
• Whether voluntary coverage us possible under ESI & PF?
• Excluded Employee under Provident Fund.
• Under Employees Deposit Linked Insurance Scheme what is maximum amount payable?
• Pension contribution is payable upto what age?