Partner - Risk Management
Manager- Hr Compliance
27th October 2015 From India, Mumbai
Substance : Only parliament approval is not suffice .
Subsequent parliament approval (from both houses ie. Lok Sabha & Rajya Sabha) , the matter would be sent to Hon'ble President for his assent . After his assent , the official Gazette notification will be issued , then the said proposed Bonus Amendment is implemented as per the date mentioned in the said official Gazette Notification.
Since the Parliament session is not going as of now, the next session would starts in upcoming winter season only, likely in Nov- Dec'15, then the cabinet proposal would be tabled in Parliament.
Till time, the existing provisions of the Payment of Bonus Act/Rules would be applicable / followed for the Accounting year 14-15.
27th October 2015 From India, Pune
I don't see any hardship in approvals as opposition parties welcomed the decision.
Now employers should start working on financials impact which is going to be huge as 90% of employees would come under this cap of Rs.21000 as most of the organizations kept low basic wages irrespective of the salaries.
27th October 2015 From India, Bangalore
I am accepting your proposal 'yes' it must be changed the difinition of 'wage' under all the labour laws. Each act is in various difinitions which is total confused. Either it should be full or specifically incorporate the components ( Basic, DA, VDA, etc.,). Apart from that the leave positions are also. In Shops and Estb.Act some states are specifically mentioned CL, SL, EL etc. but in Factories Act never mentioned other than EL.
1st November 2015 From India, Kakinada
#AnonymousIn India, persons who are required to follow the acts and rules can never understand them with out the help of an expert. If every thing is simified where is the need for all experts?
22nd November 2016 From India, Thane
Recently; the Govt. has taken steps to simplify some of the Labour Acts to get benefit to the employees and also help Cos.for Compliance with simplified different Forms. However, as stated by other HR experts; confusion still remains due to different definitions under different Acts. The Govt. can make one definition for WAGES- possibly Gross Salary which is now taken for Leave calculation, Final settlement etc., in some Cos. rather than restricting it to Basic(+DA)- (No DA in most Cos.) for PF, Bonus, Gratuity whereas it is on Gross Salary for ESI. There is lot of mess due to Govt. not fixing one definition leading to calculation problem for OT & other benefits. We have FA, Shops & Estt. Act, Mines Act, PF, ESI, Bonus, MB Act etc., whereas no Specific Leave Act. As we have Festival & Holidays Act, SO, IDA, TU Acts etc., Govt. can make one Leave Act to make min. CL, SL & PL for all types of Cos. Since there is no fixed Leave Act, every Cos. small & big intreprete Leave to suite them & deny employees to take leave with pay even in urgency; since there is no Act compelling Management to give leave with pay. Leave clubbing, W/Off denial when leave is prefixed-suffixed is another nuisance; making HRMgr job; unhappy to administer P&A works.
As the Govt. is now taking steps to Amend / introduce Labour Welfare Acts, in line with ILO & progressive measures,
we request the Govt. to make a Separate LEAVE ACT for all Cos.
HR Consultant. 13.9.17
13th September 2017 From India, Bangalore