II.           The Employees' State Insurance (Central) Amendment Rules, 2016

The major changes brought by the various amendments are as under:

III. Portability of Employees Provident Fund accounts through Universal Account Number (UAN)

IV. The Payment of Wages (Amendment) Act, 2017

The Payment of Wages (Amendment) Act, 2017 changes the method of payment of wages to the employees. Now the employer can pay wages to its employees by the following modes without obtaining written authorisation (as required earlier):

        i.      in coin or currency notes; or

       ii.      by cheque; or

     iii.      by crediting them into his bank account.

The relevant government may notify establishments, whereby the employer should pay the wages only by cheque or crediting the wages in employees' bank account (and not through cash).¹⁵

V. Ease of Compliance Rules, 2017

The Ministry of Labour and Employment has notified the Ease of Compliance rules to maintain registers under various labour laws, which have been in effect since February 21, 2017.

VI. Other initiatives by the Central Government

The Ministry of Labour & Employment has introduced online registration process for the Employees' Provident Fund Origination ("EPFO") and the Employee's State Insurance Corporation ("ESIC"), with no registration cost and manual intervention. Also, on the discretion of the employer, registration for both EPFO and ESIC can be done through the common registration form which is available at the e-Biz Portal of Department of Industrial Policy and Promotion ("DIPP") since March 9, 2016. Establishments can also file online a common Electronic Cum Challan Receipt ("ECR") for both EPFO and ESIC on Shram Suvidha Portal.

The Ministry has also launched common registration service on the e-biz Portal of DIPP for 5 Central Labour Laws including Employees Provident Fund & Miscellaneous Provisions Act, 1952, Employees State Insurance Act, 1948, Building & Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996, Contract Labour (Regulation and Abolition) Act, 1970 and Inter-State Migrant Workmen (Regulations of Employment and Conditions of Service) Act, 1979.

Further, single online common Annual Return under 9 Central Labour Acts has been made operational on Shram Suvidha Portal since April 24, 2015 to ensure simplified filings of the single online return by the establishments instead of filing separate returns,  

Launching of unified Shram Suvidha Portal for allotment of a Unique Labour Identification Number (LIN) for establishments, filing of self-certified and simplified Online Annual Return and a transparent Labour Inspection Scheme through computerized systemunder the said 9 Acts.

VII.The Code on Wages 2017

The Code on Wages, 2017 ('Wages Code')¹ was introduced in Lok Sabha by the Minister of Labour on August 10, 2017 seeking consolidation of laws relating to wages byreplacing: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1949, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976.

VIII.Payment of Wages

Wages will be paid in (i) coins, (ii) currency notes, (iii) by cheque, or (iv) through digital or electronic mode. The wage period will be fixed by the employer as either: (i) daily, (ii) weekly, (iii) fortnightly, or (iv) monthly.

The Wages Code stresses upon payment of wages through cheque or digital/ electronic mode which would not only promote digitization but also extend wage and social security to the worker. 

IX.Amendment to Rule 69 of the Contract Labour (Regulation and Abolition) Central Rules, 1971

The Ministry of Labour and Employment through its Notification dated September 5, 2017 being G.S.R. 1128(E) amended rule 69 of the Contract Labour (Regulation and Abolition) Central Rules, 1971 (as required by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970).

Below is the tabular representation of the amended provision before and after the amendment

Notably, the amendment has been brought about to include option of paying wages to the employee/ workmen by cheque or by crediting the wages directly in the bank account of the workman.

This seems to have been done to bring about transparency in payment of wages to the workmen as this will put a check on any deviation from minimum wages payable.

X.Payment Of Bonus (Amendment) Act, 2015

Amendment of Eligibility Limit

By amending Section 2(13) of the Principal Act, the Amendment Act has now widened the scope of employees eligible for payment of bonus from those drawing salary of INR 10,000 per month, to INR 21,000 per month.

Where the salary or wage of an employee exceeds INR 7,000 per month or the minimum wage for the scheduled employment, the bonus payable to such employee shall be calculated as if his salary or wage were INR 7,000 per month or the minimum wage for the scheduled employment, whichever is higher.

Retrospective Applicability

The Amendment Act is effective from 1 April 2014. Stayed by many high courts

XI.Rights Of Persons With Disabilities Act 2017

The Rights of Persons with Disability Act, 2016 received the accent of the President on 27^th of December 2016 and came to be published in the official gazette on 28^th of December 2016.

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