CAMPAIGN PROGRAMME & DIVISIONAL CONFERENCE OF AIPEU GROUP-C LUCKNOW GPO ON 12.02.2017
MATERNITY LEAVE LOK SABHA QUESTION & ANSWER
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:
(a)whether the Government proposes to extend the time span of the compulsory paid maternity leave from 12 weeks to 26 weeks in private organizations;
(b)if so, the details thereof;
(c)whether the Government also proposes to amend section 4 of the Maternity Benefits Act, 1961, to ensure that women employed in various public sector undertakings receive the same benefit; and
(d) if so, the details thereof and if not, the reasons therefore?
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)
(c) & (d): There is no proposal to amend Section 4 of the Maternity Benefit Act, 1961. The benefits under this Act are already applicable and available to women employed in various public sector undertakings.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 672
TO BE ANSWERED ON 06.02.2017
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 672
TO BE ANSWERED ON 06.02.2017
MATERNITY LEAVE
672. DR. SHASHI THAROOR:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:
(a)whether the Government proposes to extend the time span of the compulsory paid maternity leave from 12 weeks to 26 weeks in private organizations;
(b)if so, the details thereof;
(c)whether the Government also proposes to amend section 4 of the Maternity Benefits Act, 1961, to ensure that women employed in various public sector undertakings receive the same benefit; and
(d) if so, the details thereof and if not, the reasons therefore?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)
(a) & (b): Yes, Madam. The Government has decided to enhance the paid maternity leave from existing 12 weeks to 26 weeks and an Amendment Bill in this regard was introduced in the Rajya Sabha. The Rajya Sabha has already passed the Bill on 11.08.2016. With regard to women workers covered under Employees’ State Insurance Act, 1948, such enhancement has already been effected by amending the ESI (Central) Rules,1950.
(c) & (d): There is no proposal to amend Section 4 of the Maternity Benefit Act, 1961. The benefits under this Act are already applicable and available to women employed in various public sector undertakings.
MINIMUM WAGES LOK SABHA QUESTION & ANSWER
THE FUNDAMENTAL (AMENDMENT) RULES, 2017
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
STARRED QUESTION NO.48
TO BE ANSWERED ON 06.02.2017
STARRED QUESTION NO.48
TO BE ANSWERED ON 06.02.2017
MINIMUM WAGES
48. SHRI KUNWAR PUSHPENDRA SINGH CHANDEL:
PROF. RAVINDRA VISHWANATH GAIKWAD:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:
(a)whether the Government proposes to amend the Minimum Wages Act, 1948 and formulate a uniform wage policy for the entire country and if so, the details and salient features thereof;
(b)whether minimum wages fixed under the Minimum Wages Act, 1948 varies amongst States;
(c)if so, the details thereof, State/UT-wise along with the reasons for differential wages especially on gender basis and also between urban and rural areas;
(d)whether any monitoring mechanism exists to ensure that all the workers are paid minimum wages and not subjected to any form of exploitation; and
(e)if so, the details thereof along with other labour welfare measures being implemented by the Government for betterment of labour force in the country?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)
(a) to (e): A statement is laid on the table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF THE LOK SABHA STARRED QUESTION NO. 48 FOR 06.02.2017 BY SHRI KUNWAR PUSHPENDRA SINGH CHANDEL AND PROF.RAVINDRA VISHWANATH GAIKWAD REGARDING MINIMUM WAGES.
(a): The proposed amendments to the Minimum Wages Act, 1948, inter-alia, includes applicability of minimum wages to all employments, changes in the definition of “Appropriate Government”, fixation/review/revision of minimum rates of wages by the State Government, introduction of National Minimum Wage by the Central Government, enhancement of penalty, etc.
As a step towards a uniform wage structure, the concept of National Floor Level Minimum Wage (NFLMW) was introduced by the Government in 1996 on a voluntary basis. It is revised from time to time taking into account the increase in the Consumer Price Index Number. NFLMW has been revised to Rs.160/- per day w. e. f 01.07.2015.
(b) & (c): Under the provisions of the Minimum Wages Act, 1948, both Central and State Governments are appropriate Governments to fix, review and revise the minimum wages of the workers employed in the scheduled employment under their respective jurisdictions. As regards minimum wages in States, there is disparity due to variations in socio-economic and agro-climatic conditions, income, prices of essential commodities, paying capacity, productivity and local conditions. As per the available information, a statement showing the range of rates of minimum wages in all the States/Union Territories is at Annexure.
The Act does not discriminate on the basis of gender and the female workers are entitled to same wages and other facilities as fixed by the Central Government for the workers engaged in the scheduled employments. No separate wages are fixed for urban and rural areas.
(d) & (e): The implementation of the Act is carried out by the Centre as well as the States in respect of their respective jurisdiction. In the Central Sphere, the enforcement is secured through the Inspecting Officers of the Chief Labour Commissioner (Central) commonly designated as Central Industrial Relations Machinery (CIRM), the compliance in the State sphere is ensured through the State Enforcement Machinery. They conduct regular inspections and in the event of detection of any case of non-payment or under-payment of minimum wages, they advise the employers to make payment of the shortfall of wages. In case of non-compliance, penal provisions against the defaulting employers are invoked.
The labour welfare measures recently initiated for betterment of labour force include minimum pension of Rs.1000/-per month to the pensioners under Employees’ Pension Scheme (EPS), 1995, portability of provident fund account, National Career Service portal, Employees State Insurance Corporation 2.0(Health Reforms of ESIC), Revision in eligibility and calculation ceiling under the Payment of Bonus Act, 1965 etc.
THE FUNDAMENTAL (AMENDMENT) RULES, 2017
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Launch of National Career Service (NCS) & Jeevan Pramaan Facility for EPFO pensioners through Post Offices by Hon'ble Union Minister of State (I/C) for Labour & Employment Shri Bandaru Dattatreya Indiapost, Hyderabad
COM.M.KRISHNAN, SECRETARY GENERAL, CCGEW ADDRESSING AIPEU GDS MEETING AT KANNUR (KERALA)
COM.K.RAGHAVENDRAN, GENERAL SECRETARY, AIPRPA, ADDRESSING AIPEU GDS MEETING AT MADURAI (T N)
section 17 of the Income-tax Act defines the term ‘salary’. However, not going into the technical definition, generally whatever is received by an employee from an employer in cash, kind or as a facility [perquisite] is considered as salary.
What are allowances? Are all allowances taxable?
Allowances are fixed periodic amounts, apart from salary, which are paid by an employer for the purpose of meeting some particular requirements of the employee. E.g., Tiffin allowance, transport allowance, uniform allowance, etc.
There are generally three types of allowances for the purpose of Income-tax Act – taxable allowances, fully exempted allowances and partially exempted allowances.
My employer reimburses to me all my expenses on grocery and children’s education. Would these be considered as my income?
Yes, these are in the nature of perquisites and should be valued as per the rules prescribed in this behalf.
During the year I had worked with three different employers and none of them deducted any tax from salary paid to me. If all these amounts are clubbed together, my income will exceed the basic exemption limit. Do I have to pay taxes on my own?
Yes, you will have to pay self-assessment tax and file the return of income.
Even if no taxes have been deducted from salary, is there any need for my employer to issue Form-16 to me?
Form-16 is a certificate of TDS. In your case it will not apply. However, your employer can issue a salary statement.
Is pension income taxed as salary income?
Yes. However, pension received from the United Nations Organisation is exempt.
Is Family pension taxed as salary income?
No, it is taxable as income from other sources.
If I receive my pension through a bank who will issue Form-16 or pension statement to me- the bank or my former employer?
The bank.
Are retirement benefits like PF and Gratuity taxable?
In the hands of a Government employee Gratuity and PF receipts on retirement are exempt from tax. In the hands of non-Government employee, gratuity is exempt subject to the limits prescribed in this regard and PF receipts are exempt from tax, if the same are received from a recognised PF after rendering continuous service of not less than 5 years.
Are arrears of salary taxable?
Yes. However, the benefit of spread over of income to the years to which it relates to can be availed for lower incidence of tax. This is called as relief u/s 89 of the Income-tax Act.
Can my employer consider relief u/s 89 for the purposes of calculating the TDS from salary?
Yes, if you are a Government employee or an employee of a PSU or company or co-operative society or local authority or university or institution or association or body. In such a case you need to furnish Form No. 10E to your employer.
My income from let out house property is negative. Can I ask my employer to consider this loss against my salary income while computing the TDS on my salary?
Yes, however, losses other than losses under the head ‘Income from house property’ cannot be set-off while determining the TDS from salary.
Is leave encashment taxable as salary?
It is taxable if received while in service. Leave encashment received at the time of retirement is exempt in the hands of the Government employee. In the hands of non-Government employee leave encashment will be exempt subject to the limit prescribed in this behalf under the Income-tax Law.
Are receipts from life insurance policies on maturity along with bonus taxable?
As per section 10(10D), any amount received under a life insurance policy, including bonus is exempt from tax. However, following receipts would be subject to tax:
- Any sum received under sub-section (3) of section 80DD; or
- Any sum received under Keyman insurance policy; or
- Any sum received in respect of policies issued on or after April 1st, 2003, in respect of which the amount of premium paid on such policy in any financial year exceeds 20% (10% in respect of policy taken on or after 1st April, 2012) of the actual capital sum assured; or
- Any sum received for insurance on life of *specified person (issued on or after April 1st 2013) in respect of which the amount of premium exceeds 15% of the actual capital sum assured.
* Any person who is –
i) A person with disability or severe disability specified under section 80U; or
ii) suffering from disease or ailment as specified in the rule made under section 80DDB.
Following points should be noted in this regard:
Exemption is available only in respect of amount received from life insurance policy.
Exemption under section 10(10D) is unconditionally available in respect of sum received for a policy which is issued on or before March 31, 2003.
Amount received on the death of the person will continue to be exempt without any condition.
New Benefits announced for NPS Subscribers in Budget 2017
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Views of NC/JCM staff side to Committees on NPS
No.NC.JCM-2016/Pension (NPS)
February 10,2017
The Chairman,
Sub-Committee III on NPS
Dept of Pension & Pensioners Welfare
3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi
Dear Sir,
Thank you very much for your letter No 57/2016-P&PW(B) dated 31st January 2017 and the decision to reschedule the meeting at our request.
We find from your letter cited that the Committee set up by the Government to streamline the NPS has delegated the task to different Sub-Committees and we are before the Sub-Committee No III. Since the identified task of each subcommittee is not made knowm, nor even as to how such many sub committees are set up, we may not be able to make a comprehensive presentation on NPS. On 20th January 2017, we had made a written presentation of our views in the matter. We attach the said letter to this communication and reiterate the views conveyed therein.
1. The entire Central and State Govt Employees of the Country must be excluded from the purview of the NPS and consequently of PFRDA Act for the elaborate reasons mentioned in our Memorandum to 7 CPC. The National Pension Scheme which is based on defined mandatory contribution with the employees organizations in the JCM forum and amounts as unilateral and arbitary withdrawal of an existing benefit, which is clearly impermissible. We give hereunder our comments on each of the issues raised in the letter cited.
2.Without compromising on the above position,. We request that benefits defined under the CCS (Pension) Rules, 1972 as amended on date must be the pension and other entitlements in the case of all Central And State Govt. employees. In other words, every employee who retires after completion of 20 years of service must be given-
Pension @50% of the last pay drawn or average emoluments of the last 10 months whichever is beneficial to the employee along with the appropriate Dearness Relief, subject to the minimum pension under the Rules as is amended from time to time.
On his death as Pensioner, family members shall be entitled to family Pension, subject to the specified minimum amount of family pension, stipulated by the Government from time to time along with appropriate Dearness Relief. Besides, all persons on retirement will be entitled to Gratuity as specified under extant Rules.
(A) Framing of rules on service matters of NPS employees including the following:
(i) Provision of an option for entitlements under old pension scheme on death, disability or invalidation during service
There cannot be a provision for option. The stipulation of pensionery benefit afforded under the extant rules / CCS(Pension) Rules be extended to them. The provisional pension benefit orders issued by the Govt. is to be continued or made permanent.
(ii) Family for the purpose of payment of annuity
Family definition must be as is provided for the present CCS (Pension) Rules
(iii) Contribution during suspension, extra ordinary leave (i.e.leave without pay), unauthorized absence
Contribution during suspension: 10% of the subsistence allowance and Govt.
Contributes 10% of the entitled full salary
Extra Ordinary leave-No contribution
Unauthorized absence-No contribution
(iv) Entitlements/deductions on dismissal / removal during service
Entitlement/deduction on dismissal/removal during service – Return of the Contributions made by the official and the Govt on his behalf. If the purchases an annuity by investing the funds so received, the said annuity must not be in any case less than 1/3rd of the last pay drawn by the dismissed/removed official.
(v) Withholding of NPS funds due to departmental / judicial proceedings pending at the time of retirement.
Neither the Pension fund be withheld nor the entitled defined benefit pension. In other words, pension must be delinked from any disciplinary proceedings.
(vi) Departmental proceedings after retirement for the alleged misconduct during service.
It must not have any bearing on the Pension entitlements of an official who is subscriber to NPS
(vii) Withholding of annuity on account of future misconduct
Does not deserve any comment
(viii) Voluntary retirement of NPS employees
Voluntary retirement is presently afforded after 20 years of service. Therefor, the official will be entitled for full pension
(ix) Commercial employment of NPS employees after retirement.
Must not have any bearing on pension entitlement.
B. Provision of GPF for the NPS employees
May be provided as a voluntary option to all officials.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
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