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31 October, 2016

 

Child Labour (Prohibition and Regulation) Amendment Act, 2016

 

Amendments to the Child Labour (Prohibition and Regulation) Act, 1986, which have been brought into effect from September 1, 2016, seek to: (i) prohibit the engagement of children in all occupations (except employment: (a) in a family / family enterprise, other than in any haz- ardous occupation or process, after school hours or during vacations; or (b) as an artist in an audio-visual entertainment industry, except circus, subject to certain prescribed conditions and safety measures) and the engagement of adolescents in hazardous occupations and processes; and (ii) creates a distinction between an ‘adolescent’ and a ‘child’, by defining an ‘adolescent’ as a person between the age of 14 and 18 years, and a ‘child’ as a person who has not completed 14 years of age or such other age as may be prescribed. 

 

Overhaul of Employment Laws

 

The following bills have been recently introduced in the Parliament: 

 

The Union Cabinet has, in its meeting dated June 29, 2016, approved the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016, with an intention to inter alia align the statutory provisions on condi- tions of employment across various States and Union Territories;

 

The Rajya Sabha has, on August 11, 2016, passed the Maternity Benefit (Amend- ment) Bill, 2016 to amend the Maternity Benefit Act, 1961, to inter alia increase the maternity leave period in certain circumstances, provide for a ‘work-from-home’ option for women, and provide crèche facilities in certain establishments. This Bill will be notified upon receipt of approval from the Lok Sabha and receipt of Presi- dential assent;

 

The Lok Sabha has, on August 9, 2016, passed the Employees’ Compensation Amendment Bill, 2016, to amend the Employee’s Compensation Act, 1923, to inter alia, introduce an obligation on the employer to notify the employee of the compensation amount at the time of appointment. This Bill will be notified upon receipt of approval from the Rajya Sabha and receipt of Presidential assent; and The Lok Sabha has, on August 10, 2016, passed the Factories

Amendment Bill, 2016 to amend the Factories Act, 1948, to inter alia provide for increase in the maximum permitted overtime hours. This Bill will be notified upon receipt of approval from the Rajya Sabha and receipt of Presidential assent.

 

We will be providing a detailed update on the above proposed legislations once the same have been enacted. 

 

For further information, please contact:

 

Zia Mody, Partner, AZB & Partners

zia.mody@azbpartners.com

 

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22 July, 2015

 
  • Taking note of the fact that at present, private sector banks pay only sitting fees to non-ex- ecutive directors, RBI has through a notification dated June 01, 2015 issued guidelines regarding compensation payable to non-executive directors (excluding part-time chairman) of private sector banks.

 

The guidelines stipulate that the board of directors is required to formulate and adopt a comprehensive compensation policy for non-executive directors in consultation with the re- muneration committee. The policy may provide for payment of compensation in the form of a profit related commission to non-executive directors (excluding the part-time chairman) up to a maximum of ¤10 million per annum provided that the bank generates profits. However, private sector banks may continue to pay sitting fees and reimburse expenses for participation at board and committee meetings subject to compliance with the provisions of the Companies Act. Further, prior approval of the RBI will be required for granting remuneration to a part- time non-executive chairman.

 

Remuneration paid to the directors on an annual basis is required to be disclosed in the an- nual financial statements of private sector banks.

 

  • The Department of Industries, Energy and Labour, Government of Maharashtra has issued a notification dated June 01, 2015 pursuant to which, the Maharashtra Contract Labour (Regula- tion and Abolition) Rules, 1971 (‘Rules’) have been amended. The key amendments to the Rules are as follows:
  1. the licencing officer is required to issue a licence to a contractor within 7 working days from the receipt of the application, failing which, the licence will be deemed to be granted; and
  2. every licence granted to a contractor will remain in force until it is revoked by the licencing officer, or if the contractor fails to pay the renewal fee while being en- gaged by a principal employer. 
 

 

For further information, please contact:

 

Zia Mody, Partner, AZB & Partners

zia.mody@azbpartners.com

 

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