Labour and Employment Ministry proposes filing of Unified Annual Returns under major Labour enactments | Central Labour Laws (Amendment) Rules, 2018

Labour and Employment Ministry proposes filing of Unified Annual Returns under major Labour enactments | Central Labour Laws (Amendment) Rules, 2018

May 8, 2018 Labour 0

The Ministry of Labour and Employment (“Ministry”) has issued the Draft Rules on Central Labour Laws (Amendment) Rules, 2018 (“Draft Amendment Rules”) on 1stMay, 2018.

The Draft Amendment Rules propose to amend the following statutes:

  1. The Payment of Wages (Mines) Rules, 1956
  2. The Minimum Wages (Central) Rules, 1950
  3. The Maternity Benefit (Mines and Circus) Rules, 1963
  4. The Payment of Bonus Rules, 1975
  5. The Industrial Dispute (Central) Rules, 1957

The Ministry has invited objections and suggestions to the Draft Amendment Rules from all stakeholders latest by 1st August 2018.

The objections and suggestions should be addressed to Shri J.K. Singh, Under Secretary to the Government of India, Ministry of Labour and Employment at Room No. 17, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110001.

 

Implications of the Draft Amendment Rules vis a vis the Principal Rules

 

Principal Rules Draft Amendment Rules Implications
Payment of Wages (Mines) Rules, 1956

 

Rule 18: Annual Returns

 

Every employer shall send a return in Form V so as to reach the Regional Labour Commissioner (Central) not later than the first of February following the end of the year to which it relates endorsing simultaneously a copy thereof to the Inspector having jurisdiction under the Act over the mine.

Payment of Wages (Mines) Rules, 1956

 

Rule 18: Annual Returns

 

Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form V on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

 

Explanation- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

 

The Draft Amendment Rules propose to do away with the cumbersome process of physical filing of the annual return before the Regional Labour Commissioner with a copy to the Inspector.

 

Once the Draft Amendment Rules is given effect, an employer will be required to file a unified annual return in Form V, online on the web portal of the Ministry of Labour and Employment. All accounts, books, registers and other documents will be required to be maintained in electronic form and they can be called for being produced during inspection.

 

By proposing to make the process of filing a unified annual return online and by eliminating the physical filing of return; the process is a positive step towards ease of doing business. The date for filing the return however, will remain on or before 1st February.

.

Minimum Wages (Central) Rules, 1950

 

Rule 21(4A): Annual Returns

(1) Every employer shall on or before the 1st day of February in each year upload annual returns in Form III on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year.

(2) Every employer on or before the 1st day of February in each year may file annual returns in the Form III to the Inspector giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector shall require the production of the accounts, books, register and other documents if the same are maintained in manual form or in electronic form, as the case may be.

Explanation-For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of Section 2 of the Information Technology Act. 2000(21 of 2000).

 

Minimum Wages (Central) Rules, 1950

 

Rule 21(4A): Annual Returns

 

Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form III on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

 

Explanation- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

The Draft Amendment Rules propose to do away with the cumbersome process of filing of the annual return in Form III before the Inspector. There is also an option to file the Annual Returns online, through the portal of the Ministry. Hence, at present there are both options available to an employer. He has the option to file the return manually as well as electronically.

 

As per the Draft Amendment Rules an employer will only be allowed to file a unified annual return in Form III, online on the web portal of the Ministry of Labour and Employment. With this, the option of physical filing of the Annual return in Form III will be completely done away with.  All accounts, books, registers and other documents will be required to be maintained in electronic form and they can be called for being produced during inspection.

 

By proposing to make the process of filing a unified annual return online and by eliminating the process of filing return with the inspector; the process is a positive step towards ease of doing business. The date for filing the return however, will remain on or before 1st February.

Payment of Bonus Rules, 1975

 

Rule 5: Annual Returns

(1) Every employer shall on or before the 1st day of February in each year upload annual returns in the Form D on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

(2) Every employer on or before the 1st day of February in each year may file annual returns in the Form D to the Inspector giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector shall require the production of the accounts, books, register and other documents if the same are maintained in manualform or in electronic form, as the case may be.

Explanation-For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000(21 of 2000).

 

Payment of Bonus Rules, 1975

 

Rule 5: Annual Returns

 

Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form D on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

 

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

 

Explanation- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

The Draft Amendment Rules propose to do away with the cumbersome process of filing of the annual return before the Inspector. There is also an option to file the Annual Returns online, through the portal of the Ministry.

 

As per the Draft Amendment Rules, an employer will only be allowed to file a unified annual return in Form D, online on the web portal of the Ministry of Labour and Employment. With this, the option of physical filing of the Annual return in Form D will be completely done away with. All accounts, books, registers and other documents will be required to be maintained in electronic form and they can be called for being produced during inspection.

 

By proposing to make the process of filing a unified annual return online and by eliminating the process of filing of return to the inspector; the process is a positive step towards ease of doing business. The date for filing the return however, will remain on or before 1st February.

Maternity Benefit (Mines and Circus) Rules, 1963

 

Rule 16: Annual Returns

(1) The employer of every mine or circus shall on or before the 21st day of January in each year submit to the competent authority a return in each of the Forms ‘L’, ‘M’, ‘N’ and ‘O’ giving information as to the particulars specified in respect of the preceding year.

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus he shall, within one month of the date of sale or abandonment or four months of the date of discontinuance, as the case may be, submit to the competent authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment of discontinuance.

 

Maternity Benefit (Mines and Circus) Rules, 1963

 

Rule 16: Annual Returns

 

(1) The employer of every mine or circus shall, on or before the 1st day of February in each year upload a unified annual return in form X online on the web portal of the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year: Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form.

 

Explanation- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

 

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Ministry of Labour and Employment, a further unified return in form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.

The Draft Amendment Rules propose to do away with the cumbersome process of filing Forms L, M, N and O of the annual return before the Chief Labour Commissioner (Central) (competent authority under the Rules).

 

Once the Draft Amendment Rules is given effect, an employer will only be required to file a unified annual return in Form X, online on the web portal of the Ministry of Labour and Employment. All accounts, books, registers and other documents will be required to be maintained in electronic form and they can be called for being produced during inspection.

 

By proposing to make the process of filing a unified annual return online and by eliminating the physical filing of return; the process is a positive step towards ease of doing business. The date for filing the return however, will be pushed to 1st February instead of the existing deadline of 21st January.

Industrial Dispute (Central) Rules, 1957

 

Rule 56A: Submission of Returns

 

The employer shall submit half yearly returns as in Form G-1 in triplicate to the Assistant Labour Commissioner (Central) concerned not later than the 20th day of the month following the half-year.

 

Industrial Dispute (Central) Rules, 1957

 

Rule 56A: Submission of Returns

 

Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form G1 on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

The Draft Amendment Rules propose to do away with the cumbersome process of filing Form G-1 of the return in triplicate before the Assistant Labour Commissioner (Central).

 

Once the Draft Amendment Rules is given effect, an employer willonly be required to file a unified annual return in Form G-1, online on the web portal of the Ministry of Labour and Employment. All accounts, books, registers and other documents will be required to be maintained in electronic form and they can be called for being produced during inspection.

 

By proposing to make the process of filing a unified annual return online and by eliminating the physical filing of return; the process is a positive step towards ease of doing business. The date for filing the return however, will be pushed to 1st February, on a yearly basis, instead of being filed on a half yearly basis on 20th of the month from the end of each half year.

For a further read, please refer to the hyperlink below.

Source: Ministry of Labour and Employment

About the author

Lexplosion:

0 Comments

Would you like to share your thoughts?

Your email address will not be published. Required fields are marked *

Leave a Reply