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Minimum Wages of Workers – Lok Sabha Q&A

By
igeadmin
-

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT

LOK SABHA

UNSTARRED QUESTION NO. 43
TO BE ANSWERED ON 14.09.2020

MINIMUM WAGES OF WORKERS

43. SHRI VIJAY KUMAR:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

(a)whether the Government has modified the minimum wages of the workers engaged in unorganised and agriculture sector;

(b)if so, the details thereof;

(c)whether presently there exists any system to ensure that minimum wages fixed by the Government are paid to the labourers / workers; (d)if so, the details thereof;

(e) whether any complaints have been received regarding the lapses in the payment of minimum wages; and

(f) if so, the details of the action taken by the Government in this regard?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): The Ministry of Labour & Employment has revised minimum rates of wages for employees engaged in Scheduled employment in the Central Sphere vide its Notification dated 19th January, 2017. A statement showing comparison of Old and Revised Basic Minimum Wages for various Categories under the Scheduled Employment is at Annexure ‘A’.

In addition to the above, Variable Dearness Allowance (V.D.A) is revised every six months on the basis of Consumer Price Index. V.D.A. was last revised w.e.f. 01.04.2020. A statement showing Minimum rates of wages in the Central Sphere is at Annexure ‘B’.

(c) & (d): Under Minimum Wages Act, 1948, the enforcement is secured at two levels. 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) and the compliance in the State Sphere is ensured through the State Enforcement Machinery. The designated inspecting officers conduct regular inspections and in the event of detection of any case of non-payment or underpayment of minimum wages, they direct the employers to make payment of the shortfall of wages. In case of non-compliance, penal provisions prescribed under Section 22 of the Minimum Wages Act are taken recourse to.

(e) & (f): Complaints of payment of less than minimum wages are received by office of Chief Labour Commissioner and their field offices from time to time and are redressed by inspections and filling of claims before the concerned authority as specified under the Minimum Wages Act, 1948. The details are enclosed as Annexure ‘C’.

e-Nomination facility for NPS subscribers

By
igeadmin
-

PENSION FUND REGULATORY
AND DEVELOPMENT AUTHORITY
Website : www.pfrda.org.in

CIRCULAR

CIR No : PFRDA/2020/37/SUP-CRA/15

Date: September 3, 2020

To.
All Stakeholder under NPS

Subject : e-Nomination facility for NPS subscribers

Pension Fund Regulatory and Development Authority (PFRDA) has been established inter-alia is to protect the interests of subscribers of NPS and other pension schemes regulated by it. PFRDA has allowed comprehensive and digitally enabled solutions for subscribers’ varied needs from on-boarding till the process of exit.

2. Currently, the existing subscribers of NPS, who wish to change their nomination in their Permanent Retirement Account Number (PRAN), are required to submit S2 form (Request for change of Subscriber Master details) physically to the associated Nodal officers, corporates or Points of Presence (POPs) for updation.

3. In order to enable NPS Subscribers with ease of changing the nomination, PFRDA has allowed the ‘e sign based online facility’ to change of nomination through the Subscribers’ login credentials, as per the process flow given in Annexure-A. Central Record Keeping Agencies (CRAs) have been advised to introduce this feature in their system at the earliest.

4. The detailed provisions regarding ‘Nominations’ under NPS are specified under regulation-32 of PFRDA (Exits and Withdrawal) Regulations 2015. The relevant extracts of the regulations are provided under Annexure-B for ready reference.

5. This circular is issued under Section 14 of PFRDA Act 2013 and is available at PFRDA’s website (www.pfrda.org.in) under the Regulatory framework and in “Circular” section of CRA under intermediaries.

K Mohan Gandhi
(General Manager)

Signed copy

DA Freeze from Jan 2020 – Demonstration on 23rd September 2020 – Confederation

By
igeadmin
-

confederation

No. Confd./Circular-2020 Dated : 11th September,2020

CIRCULAR

To

All National Secretariat Members,
All General Secretaries of COCs,
All Chief Executives of All Constituent Organizations

Dear Comrades,

We send herewith the circular letter from the Central Trade Unions dated 9th September 2020, which is self- explanatory. As could be seen there-form, the Central Trade Unions have decided to organise a demonstration on 23rd September, 2020 against the anti worker destructive polices of the Government of India.

Over the very many incidents that have taken place in the country, it appears that the Government has decided to take advantage of the corona Covid 19 pandemic in the country to push through some of the objectionable policies which affects the working class in general and the Central Government employees in particular.

(a) The dearness allowance due from 1.1.2020 to 1.07.2021 has not only been freezed but has been decided to be denied to the employees and pensioners.

(b) The restructuring of the Banking sector reducing the presence of the PSU banks in the country

(c) Closure of defence production establishments

(d) Privatisation of coal mines; air ports;

(e) Privatisation of the oldest governmental establishment of Railways; its production units and maintenance.

(f) Direction giving unfettered powers to the bureaucracy to enforce the provisions of FR 56-J to retrench the services of senior employees;

(g) The enlargement of NPS;

(h) The new recruiting procedures as against the regional recruitment demanded by the employees organisations etc.

Besides all these, the Government has now chosen the two organisations affiliated to the Confederation, i.e. NFPE and ITEF for selected attack. In both the cases, the recognition granted to these federation are sought to be withdrawn on flimsy, untenable grounds. The ITEF apprehends that the new scheme is bound to result in large scale redundancy and consequent retrenchment or redeployment. In the case of NFPE, the re-recognition is stated to be possible only if they amend certain provisions of the constitution of its affiliated Associations. Similarly the Government had been sitting on the proposal of recognition submitted by many unions and Federation of Central Government employees, giving room for the bureaucracy to do whatever they like in administering these departmental organisations.

Apart from the above attacks, the Government has not been responding to innumerable representations the Confederation had been making in respect of providing treatment to the Central Government employees who are afflicted with the deadly virus corona covid 19. While the private hospitals are allowed to charge exorbitantly the government reimburses only a paltry amount to these unfortunate employees.

It is, therefore, highly necessary that we form part of the struggle of the working people in the country against these policies. We request all affiliates, cocs, and State Committees to take steps to ensure the maximum participation of the members in the programme slated for 23rd September, 2020. The affiliates may kindly prepare pamphlets encompassing all the above issues and enlisting the specific matters concerning their organisation and members. The State Committees may please prepare leaflets in vernacular and try to reach out as many members as possible.

With greetings,

Yours fraternally,

R.N. Parashar
Secretary General
Confederation of CGE & Workers

 

Granting benefits under MACPS in the standard hierarchy of grade pay/pay levels

By
igeadmin
-

NFIR

No. IV/MACPS/09/2020

Dated: 04/09/2020

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Granting benefits under MACPS in the standard hierarchy of grade pay/pay levels-reg.

Ref: (i) DoP&T O.M. No. 22034/4/2020-Estt. (D) dated 23/03/2020.
(ii) GS/NFIR’s letter No. IV/MACPS/09/2020 dated 23/05/2020 & 31/07/2020 to the Secretary (E), Railway Board, New Delhi.

*****

Kind attention of Railway Board was drawn to the O.M. dated 23/03/2020 issued by the DoP&T on the subject vide NFIR’s letter dated 23/05/2020 and 31/07/2020 with the request to issue corresponding instructions to the GMs of Zonal Railways etc., Federation feels disappointed to state that a period of nearly six months passed, Railway Board have not issued instructions.

In this connection, Federation also desires to bring to the notice of Railway Board that the issue was taken up by NFIR earlier vide NFIR’s letter No. IV/MACPS/09/Pt. 7 dated 03/01/2014 at Board’s level. In reply, the Railway Board vide letter No. PCV/2011/M/4/NFIR dated 07/02/2014 gave clarification to the Federation in consultation with the DoP&T that financial upgradation under MACPS be granted in successive Grade Pay in the hierarchy of recommended revised pay band & grade pay as given in Section-I, Part-A of the First Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in promotional hierarchy. The matter stands clarified once again with the issuance of DoP&T O.M. dated 23/03/2020, but however Board’s instructions are still awaited.

NFIR, therefore, once again requests the Railway Board to kindly consider the above points and issue corresponding instructions on the basis of DoP&T O.M. dated 23/03/2020 to the Zonal Railways etc., duly endorsing copy to the Federation. Railway Board may kindly appreciate that nearly six months delay has already taken place with the result staff disappointment has been growing.

Yours faithfully,

(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

Productivity Linked Bonus 2019-2020 – Fake Order – PIB Fact Check Reveals Truth Behind Fake Order

By
igeadmin
-

A viral post is doing rounds on social media platforms claiming that the Railway Ministry has issued an order stating that the government will give productivity Linked Bonus to eligible non-gazetted railway employees in 2019-2020.

After this viral posts, PIB FACT Check tweeted in a twitter and confirmed this order is FAKE, there is no official announcement on Productivity Linked Bonus 2019-2020 from the Railway Department.

Here is the tweet from the official PIBFACTCHECK

Claim: An order purportedly issued by @RailMinIndia claiming that government will give Productivity Linked Bonus to eligible non-gazetted railway employees in 2019-2020 is making the rounds of social media.

#PIBFactCheck: This claim is #Fake. No such order has been issued.

AIRF also tweeted in twitter that this order is FAKE

A @RailMinIndia order circulated below is fake. Please don’t be misguided.

Here is the tweet from the AIRF

 

Highlights of New Education Policy 2020

By
igeadmin
-

Ministry of Education has announced the National Education Policy 2020 (NEP 2020) on 29.07.2020 which has been made available at Ministry of Education’s website at https://www.mhrd.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf. The special features of NEP 2020 includes:-

  1. Ensuring Universal Access at All Levels of schooling from pre-primary school to Grade 12;
  2. Ensuring quality early childhood care and education for all children between 3-6 years;
  3. New Curricular and Pedagogical Structure (5+3+3+4);
  4. No hard separations between arts and sciences, between curricular and extra-curricular activities, between vocational and academic streams;
  5. Establishing National Mission on Foundational Literacy and Numeracy;
  6. Emphasis on promoting multilingualism and Indian languages; The medium of instruction until at least Grade 5, but preferably till Grade 8 and beyond, will be the home language/mother tongue/local language/regional language.
  7. Assessment reforms – Board Exams on up to two occasions during any given school year, one main examination and one for improvement, if desired;
  8. Setting up of a new National Assessment Centre, PARAKH (Performance Assessment, Review, and Analysis of Knowledge for Holistic Development);
  9. Equitable and inclusive education – Special emphasis given on Socially and Economically Disadvantaged Groups(SEDGs);
  10. A separate Gender Inclusion fund and Special Education Zones for disadvantaged regions and groups;
  11. Robust and transparent processes for recruitment of teachers and merit based performance;
  12. Ensuring availability of all resources through school complexes and clusters;
  13. Setting up of State School Standards Authority (SSSA);
  14. Exposure of vocational education in school and higher education system;
  15. Increasing GER in higher education to 50%;
  16. Holistic Multidisciplinary Education with multiple entry/exit options;
  17. NTA to offer Common Entrance Exam for Admission to HEIs;
  18. Establishment of Academic Bank of Credit;
  19. Setting up of Multidisciplinary Education and Research Universities(MERUs);
  20. Setting up of National Research Foundation(NRF);
  21. ‘Light but Tight’ regulation;
  22. Single overarching umbrella body for promotion of higher education sector including teacher education and excluding medical and legal education- the Higher Education Commission of India (HECI)-with independent bodies for standard setting- the General Education Council; funding-Higher Education Grants Council (HEGC); accreditation- National Accreditation Council (NAC); and regulation- National Higher Education Regulatory Council (NHERC);
  23. Expansion of open and distance learning to increase GER.
  24. Internationalization of Education
  25. Professional Education will bean integral part of the higher education system. Stand-alone technical universities, health science universities, legal and agricultural universities, or institutions in these or other fields, will aim to become multi-disciplinary institutions.
    Teacher Education – 4-year integrated stage-specific, subject- specific Bachelor of Education
  26. Establishing aNational Mission for Mentoring.
  27. Creation of an autonomous body,the National Educational Technology Forum (NETF) to provide a platform for the free exchange of ideas on the use of technology to enhance learning, assessment, planning, administration. Appropriate integration of technology into all levels of education.
  28. Achieving 100% youth and adult literacy.
  29. Multiple mechanisms with checks and balances will combat and stop the commercialization of higher education.
  30. All education institutions will be held to similar standards of audit and disclosure as a ‘not forprofit’ entity.
  31. The Centre and the States will work together to increase the public investment in Education sector to reach 6% of GDP at the earliest.
  32. Strengthening of the Central Advisory Board of Education to ensure coordination to bring overall focus on quality education.
  33. Ministry of Education: In order to bring the focus back on education and learning, it may be desirable to re-designate MHRD as the Ministry of Education (MoE).

The NEP 2020 has been finalised after detailed consultation process with all stakeholders including State/UT Governments. This Ministry has communicated to all States/UT Governments for implementation of NEP 2020 in letter and spirit. Ministry of Education is also organising ‘ShikshakParv’ from 8th September to 25th September, 2020 to deliberate on various themes and implementation of NEP 2020 aimed at eliciting suggestions.Ministry has also organised a Conference of Governors on “Role of National Education Policy in Transforming Higher Education”. In the conference, Governors and Lt. Governors of State and Union Territories, Education Minister of State and UTs, Vice Chancellors of State Universities and other dignitaries participated. There has been wide publicity with a positive and overwhelming response from stakeholders on NEP 2020.

NEP 2020 recognizes that the vocational education is perceived to be inferior to mainstream education. Hence, this policy aims to overcome the social status hierarchy associated with vocational education and requires integration of vocational education programmes into mainstream education in all education institutions in a phased manner. Towards this, secondary schools will also collaborate with ITIs, polytechnics, local industry, etc. Skill labs will also be set up and created in the schools in a hub and spoke model which will allow other schools to use the facility.

Improving the quality of education across all levels from primary to university level is a continuous and ongoing process. Several initiatives are currently being undertaken in this direction. The SamagraShiksha, an integral scheme for School Education as a Centrally Sponsored Scheme is being implemented and aims to ensure inclusive and equitable quality education at all levels of school education. It envisages the ‘school’ as a continuum from pre-school, primary, upper primary, secondary to senior secondary levels.In higher education also, various schemes, namely, Rashtriya Uchchatar Shiksha Abhiyan (RUSA), Scheme for promotion of Academic and Research Collaboration (SPARC), Global Initiative for Academics Network (GIAN), Impacting Research, Innovation & Technology (IMPRINT), Technical Education Quality Improvement Programme (TEQIP), Study Webs of Active-Learning for Young Aspiring Minds (SWAYAM), National Digital Library, campus connect programme, Uchhatar Avishkar Abhiyan, Unnat Bharat Abhiyan, Impactful Research in Social Sciences (IMPRESS), Atal Ranking of Institutions on Innovation Achievements (ARIIA), National Institutional Ranking Framework (NIRF) are being implemented to improve the quality of higher education. A number of initiatives are also undertaken by UGC and AICTE for quality improvement in higher and technical education.

NEP 2020 unequivocally endorses and envisions a substantial increase in public investment in education by both the Central government and all State Governments. The Centre and the States will work together to increase the public investment in Education sector to reach 6% of GDP at the earliest.

The information was given by the Union Minister for Human Resource Development, Shri Ramesh Pokhriyal ‘Nishank’ in a written reply in the Lok Sabha today.

PIB

Leave Encashment Tax Exemption for Government Employees – Income Tax Rule 10(10AA)

By
igeadmin
-

Leave Encashment

For tax treatment of leave encashment u/s 10(10AA) of Income Tax Act 1961 the employees has been classified into two types :

  1. Government Employees
  2. Non-Government Employees

Government Employees

As per section 10(10AA), leave encashment by a Government employee at the time of retirement (whether on superannuation or otherwise) is exempt from tax.

In Simple, any payment by way of leave encashment received by Central & State Govt. employees at the time of retirement in respect of the period of earned leave at credit is fully exempt.

Non-Government Employees

In the hands of non-Government employee exemption will be least of the following:

Least of the following shall be exempt from tax:

a) Amount actually received

b) Unutilized earned leave* X Average monthly salary

c) 10 months Average Salary**

d) Rs. 3,00,000

* While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each completed year of service rendered to the current employer

** Average salary = Average Salary*** of last 10 months immediately preceding the retirement

***Salary = Basic Pay + DA (to the extent it forms part of retirement benefits)+ turnover based commission

Ready Reckoner

Sl. NoLeave encashmentTaxability for Government EmployeesTaxability for Non-Govt Employees
1During period of serviceFully taxableFully taxable
2At the time of retirement or separation (other than on account of Termination)Fully exemptLeave Exemption is least of the following:
1) Rs 3,00,000
2) Leave encashment amount actually received
3) 10 months’ salary (on the basis of average salary of last 10 months ) *
4) Cash equivalent to leave to the credit of employee at time of retirement **
3At the time of termination of employeeFully taxableFully taxable

Leave Encashment Calculator

Check here for Leave Encashment Calculator – Earned Leave & Half Pay Leave for Government Employees

Leave Encashment Exemption for Government Employees – Income Tax Rule 10(10AA)

By
igeadmin
-
Leave Encashment

For tax treatment of leave encashment u/s 10(10AA) of Income Tax Act 1961 the employees has been classified into two types :

  1. Government Employees
  2. Non-Government Employees

Government Employees

As per section 10(10AA), leave encashment by a Government employee at the time of retirement (whether on superannuation or otherwise) is exempt from tax.

In Simple, any payment by way of leave encashment received by Central & State Govt. employees at the time of retirement in respect of the period of earned leave at credit is fully exempt.

Non-Government Employees

In the hands of non-Government employee exemption will be least of the following:

Least of the following shall be exempt from tax:

a) Amount actually received

b) Unutilized earned leave* X Average monthly salary

c) 10 months Average Salary**

d) Rs. 3,00,000

* While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each completed year of service rendered to the current employer

** Average salary = Average Salary*** of last 10 months immediately preceding the retirement

***Salary = Basic Pay + DA (to the extent it forms part of retirement benefits)+ turnover based commission

Ready Reckoner

Sl. NoLeave encashmentTaxability for Government EmployeesTaxability for Non-Govt Employees
1During period of serviceFully taxableFully taxable
2At the time of retirement or separation (other than on account of Termination)Fully exemptLeave Exemption is least of the following:
1) Rs 3,00,000
2) Leave encashment amount actually received
3) 10 months’ salary (on the basis of average salary of last 10 months ) *
4) Cash equivalent to leave to the credit of employee at time of retirement **
3At the time of termination of employeeFully taxableFully taxable

Leave Encashment Calculator

Check here for Leave Encashment Calculator – Earned Leave & Half Pay Leave for Government Employees

DOPPW – Extension of period for submission of Life Certificate from October 2020 till December 2020

By
igeadmin
-

No. 18/1/2020-P&PW(C)-6681
Government of India Ministry of Personnel, Public Grievances & Pension
Department of Pension & Pensioners’ Welfare

8th Floor, Janpath Bhavan,
Janpath, New Delhi,
Dated: 11th September, 2020

OFFICE MEMORANDUM

Subject :- Extension of period for submission of Life Certificate from October 2020 till December 2020.

Every Central Government pensioner has to submit life certificate in the month of November for further continuation of his/her pension. It has been observed that a large number of Central Government pensioners physically visit bank branches for this purpose.

2. Earlier, as a measure to enable additional dedicated time to very senior pensioners, this department, vide its OM No. 1/20/2018-P&PW(E), dated 18.07.2019, allowed the pensioners in the age group of 80 years and above, to submit Life Certificate from 1st October onward instead of 1st November, every year.

3. In view of the ongoing Covid-19 pandemic and keeping in view of the vulnerability of elderly population to Corona Virus, it has now been decided to extend the existing timeline for submission of Life Certificate. This year, all Central Government pensioners may submit Life Certificate from 1st November, 2020 onward, till 31st December 2020. However, the pensioners in the age group of 80 years and above, can submit Life Certificate from 1st October, 2020 onwards, to 31st December, 2020. During this extended period, the pension will be continued to be paid by the Pension Disbursing Authorities (PDAs) uninterrupted.

4. Further, in the line of RBI notification no. RBI/2019-20/138, dated January 9, 2020, which permits Video based Customer Identification Process (V-CIP) as a consent based alternate method of establishing the customer’s identity, PDAs may also explore the said methodology for obtaining a Life Certificate from the pensioner, to the extent permitted by RBI guidelines, in order to avoid rush at the branches.

5. The above measures are expected to avoid rush at branches and maintain social distancing, while obtaining Life Certificates from the elderly this year. PDAs shall also ensure proper arrangements and social distancing measures at the branches and prevent overcrowding.

6. All Pension Disbursing Authorities are requested to take note of this OM for compliance and give wide publicity to the same amongst the pensioners.

This issues with the approval of the competent authority.

(Rajesh Kumar)
Under Secretary to the Government of India

Signed Copy – Download PDF Copy here

Government relaxes existing timeline for submission of Life Certificate

By
igeadmin
-

Union Minister of State (Independent Charge), Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that in a major relief to elderly persons, Government has relaxed the existing timeline for submission of Life Certificate.

All Central Government pensioners can submit Life Certificate from 1st November, 2020 to 31st December 2020. Earlier this used to be only for the month of November for maintaining continuity of Pension. However, the pensioners in the age group of 80 years and above, can submit Life Certificate from 1st October, 2020 to 31st December, 2020. During this extended period, the pension will be continued to be paid by the Pension Disbursing Authorities (PDAs) uninterrupted.

Dr. Jitendra Singh said that the decision was taken in view of the ongoing Covid-19 pandemic and the vulnerability of elderly population to Corona Virus. In addition to above, as per RBI notification dated January 9, 2020, which permits Video based Customer Identification Process (V-CIP) as a consent based alternate method of establishing the customer’s identity, Pension Disbursing Banks have been also asked to explore the said methodology for obtaining a Life Certificate from the pensioner, to the extent permitted by RBI guidelines, in order to avoid rush at the branches.

Every Central Government pensioner has to submit life certificate in the month of November for further continuation of their pension. Pensioners can submit life certificate by visiting the bank branches, however the Department of Pension & Pensioners’ Welfare has been promoting the Digital Life Certificate which can be given from the comfort of one’s home also.

In 2019, as a measure to enable additional dedicated time to very senior pensioners, the Department issued orders enabling pensioners in the age group of 80 years & above to submit Life Certificate from 1st October onward instead of 1st November, every year so that they could avoid the general rush in the month of November.

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