Free "Webinar on the four Labour Codes - Interaction with Regulators and Subject Matter Experts" - 21st Jan 2021 @ 3.00pm

 "Webinar on the four Labour Codes - Interaction with Regulators and Subject Matter Experts"

Date Time: Jan 21, 2021 03:00 PM India
Facilitated by: KPMG
Cost: Free Webinar
Link to register: https://social.kpmg/4mwsr


You can make use of this great opportunity to gain knowledge about new labour codes by investing your time alone.

Please feel free to reach us @ ltglobalnetwork2020@gmail.com / Whatsapp @ +91- 90 87 88 89 91 for any clarification / assistance.

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MoHFW released awareness note about Covid-19 Vaccines (CovidShied & Covaxin) which is scheduled for roll-out in the country on 16th January 2021

Covid-19 pandemic has drastically impacts any business, industry and individual economically, physically & psychologically. Vaccine is the only way out to overcome this pandemic threat and our Govt has done an taken utmost effort to roll-out vaccine across the country on 16th January 2021.




Ministry of Health & Family Welfare (MoHFW) has played major role in rolling out two vaccines - CoviShied and Covaxin. MoHFW has released an awareness note about covid-19 vaccines to enable beneficiaries to make use of it appropriately.

Ahead of the Covid-19 vaccination drive, MoHFW has shared a leaflet of DOs and DON'Ts, highlighting precautions and contraindications for vaccination along with a comparative factsheet for both the vaccines (Covishield and Covaxin).

Key highlights in the awareness note:

* Covid-19 vaccination is allowed only for 18 years and above.

* Pregnant women or who are not sure of their pregnancy and lactating mothers shouldn't receive the vaccine.

* Administration of Covid vaccine should be done separated by an interval of 14 days.

* The second dose should be of the same vaccine of which the first dose was administered. Interchanging Covid-19 vaccines is not allowed.

* Person with the history of Anaphylactic or Allergic reaction to a previous dosage of Covid-19 Vaccine.

* Covid-19 Vaccination is to be deferred for 4-8 weeks having symptoms or after recovery from SARS-COV-2

* Vaccine should be administered with caution in persons with history of any bleeding or coagulation disorder like clotting factor deficiency, coagulopathy or platelet disorder.

* Immuno-deficiency, HIV, patients on immune-suppression due to any condition might have less response to the Covid-19 Vaccines.

Comparative sheet of two vaccines in a tabular column for easy reference:

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Employee Leaving Organization without serving notice period liable to18% GST on Notice Recovery!!!

Notice pay recovery is the most common phenomenon in any Organization. Certainly, one of the debatable topics when it comes to taxability under the GST Law.

A contract of employment is a contract between the employer and an employee where the employee promises to provide employment services to an employer in return for a consideration i.e. “salary”. Further, in most cases, the contract of employment also provides for recoveries on account of breach of such contract.

18% GST on recovered notice pay for employees while leaving the job without service notice period. It is terming as "Tolerating an Act", the Gujarat Authority of Advance Ruling said that recovery of the notice pay amount would be in lieu of "Breach in serving stipulated notice period".

An individual leaving his / her job without serving the stipulated notice period will now cost employees 18 percent goods and services (GST) tax on the pay recovered for the notice period duration.

The Gujarat Authority of Advance Ruling has held that an employee exiting a company without completing notice period would be liable to pay 18 percent GST on notice recovery.

The ruling was issued in a case involving Amneal Pharmaceuticals, an export oriented unit (EOU) engaged in the manufacturing of pharmaceuticals products based out of Ahmedabad. One of the employees had sought an advance ruling on the issue. The notice period in question was three months. The authority has held that recovery of amount from an employee for breach in serving the stipulated notice period would qualify as "tolerating an act" on the part of the employer and would be liable to GST.

Further, the amount will not be covered under the exemption provided to employee - employer relationship under the GST Act.

Case Reference:

Case Name : In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAR Gujrat)

Appeal Number : Advance Ruling No. GUJ/GAAR/R/51/2020

Date of Judgement/Order : 30/07/2020

Courts : AAR Gujarat Advance Ruling



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Aatmanirbhar Bharat Rozgar Yojana (ABRY) - 3.0 Stimulus Package - Eligible for EPFO Coverage without Employer Contribution / Deduction from Employee!!!

 Aatmanirbhar Bharat Rozgar Yojana (ABRY) is the scheme proposed to incentivize employers who are registered with EPFO for generating new employment and re-employing persons from low wage (Gross < 15,000/-) bracket who were lost their jobs during Covid-19 Pandemic from Mar'2020 to September'2020.



The Central Government will pay both the employees’ and employer’s share of contribution payable under the EPF & MP Act, 1952 or only the employees’ share, depending on the employment strength of the establishment, directly to the Universal Account Number of eligible employee maintained by the EPFO.

The scheme commence from 1st October 2020 and shall remain open for registration of eligible employees up to 30th June 2021. The benefits will be available for the period of 24 months from the date of registration of new employee, which not later than 30th June 2023.

Ex: If an employee is registered on Oct'2020 then the benefit can be availed till Oct'2022 (24 Months only) not up to June'2023.

The definition of "New Employment" refers in this scheme is "who was not working in any establishment and did not have UAN prior to 1st Oct 2020, typically it should be first employment".

The definition of "Re-employment" refers in this scheme is "any member having UAN account but lost the job due to pandemic between 01st March 2020 to 30th September 2020 in any establishment and joining the same or different establishment after 1st October 2020.

Basic Condition to avail ABRY Benefit by the employer:

Establishment already registered before the commencement of this scheme shall have to employ, over and above the reference employee base, minimum two employees if the actual employee count is less than 50 or five employees if the referred employee count is greater than 50.

Establishment already registered with EPFO should maintain the same reference of employment count, addition of employees are allowed without any condition however the employment count should not below the reference employee count of entering in to the scheme.

Ex: If an establishment entered in to this scheme on Oct'2020 with the existing employee count of 100, they need to add 5 new joinees / re-joining employees as mandatory to claim the benefit for joiners however the employee count in Nov'2020 should not be lesser than 100 (reference employee count in Oct), then they are not entitled to claim the benefit for particular month though the addition is happened but actual employee count is lesser than reference employee count due to exits.

For new establishment getting registered with EPFO between 01.10.2020 to 30.06.2021, the reference base of employees shall be treated as zero. If any such establishment registers voluntarily with less than 20 employees and continues to maintain less than 20 employees during the validity period of this Scheme, such establishment will not be allowed to exit from statutory Schemes under EPF & MP Act, 1952 and beneficiaries who received benefit shall not be allowed to make final withdrawals until expiry of a period of two years after validity period of this Scheme.

Eligibility criteria for Employees:

* New employee has to be registered for this Scheme during the period from 01.10.2020 to 30.06.2021 by employer of eligible establishment.

* The new employee should have Aadhaar seeded Universal Account Number.

* The benefit under this scheme shall be paid for the wage months in which he continues to be in employment in any eligible establishment subject to a period of maximum 24 months from date of registration as new employee.

* Any eligible new employee under this Scheme shall become ineligible if his/her monthly wage exceeds 14999/- at any point of time during this scheme period.

* Any new employee is already a registered beneficiary and his/her employer is eligible to or is availing benefits of payment of employer’s share by Central Government under PMRPY/PMPRPY 2016, no such benefit in respect of such new employee shall be available under this Scheme.

Eligibility Criteria for Employers:

* For Establishments employing up to and including One Thousand (1000) employees (contributing EPF members with UAN) in wage month September, 2020, the employer’s and employee’s share of contribution as per statutory rate applicable to establishment subject to maximum of 24% of wages. These establishments will however continue to get subsidy of employer’s share even if the number of contributing EPF members with UAN exceeds 1000 during the scheme period.

* For Establishments employing more than One Thousand (1000) employees (contributing EPF members with UAN) in wage month September, 2020, employees’ share of contribution as per statutory rate applicable to establishment subject to maximum of 12% of wages.

Employer has to submit a declaration / Certificate accepting all the terms & conditions to follow legibly without deviating / over-looking the process to claim benefits unlawful.

Monitoring Mechanism:

EPFO shall put in place a robust mechanism to monitor the implementation of this Scheme on a weekly basis.

EPFO shall provide monthly reports to the Ministry of Labour & Employment (Directorate General of Employment), Government of India for effective monitoring of this Scheme.

Third Party evaluation:

EPFO shall undertake Third Party Evaluation of the Scheme within a period of three months from the closure of this Scheme and send a report to the DGE, Ministry of Labour & Employment, Government of India.

The expenditure incurred towards evaluation of the Scheme shall be borne by the EPFO out of its own resources.


This is a great scheme which can be utilized appropriately by Small / Mid-size organization to save 24% of PF remittance cost for 2 years. 

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One Time Relaxation given by ESIC to Employers who couldn't file Return of Contribution from Apr'2020 to Sep'2020 - till 15th January 2021

 The ESI contribution rate from July'2019 stands at 4 per cent, which includes the employer contribution of 3.25 per cent and the employee’s contribution of 0.75 per cent. The ESI contribution rate was revised downwards from July 1, 2019.

In the case of every employee, the employer is liable to pay his own contribution and also deduct employee’s share from the wages and pay these contributions to the ESI within 15 days of the last day of the calendar month in which the contributions are due.


Keeping in view the problem being faced due to Covid-19 pandemic by the employers in filing ESI contribution for the contribution period April 2020 to September 2020 within 42 days, the government has relaxed the provisions of The Employees’ State Insurance (General) Regulations, 1950.

Accordingly, the one-time opportunity has been given to those Employers who could not file ESI contribution for the contribution period April 2020 to September 2020 within 42 days after the end of the contribution period.

The Employers are now allowed to file this contribution for the Contribution Period from 1st April 2020 to 30th September 2020, up to 15.01.2021. There will, however, not be any impact on the employees working in establishments and contributing to the ESI. The ESI benefits to the employees will continue to be provided as usual.

However, the relaxation comes with conditions:

1. This one-time relaxation is limited to the contribution period ending September 2020 only and no further relaxation in limitation for other contribution period is allowed.

2. Such relaxation is not extended to other older or new contribution period.

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AUTOMATIC TRANSFER OF EPFO ACCOUNTS ON JOB CHANGE!!!

AUTOMATIC TRANSFER OF EPFO ACCOUNTS ON JOB CHANGE - SOONER GOING TO BE ACTIVE Soon, we will not have to worry about transferring or merging ...