Companies covered under Shops and Establishment Act., need to comply with the statutory requirement mentioned in the Tamil Nadu Labour Welfare Fund Act. I understand that when a employee who is employed in a company which is governed under the Labour Welfare Fund Act, can claim a benefit under this act only when his salary is less than INR 15000 per month. Can any of the professional advise, whether this bench mark amount can be considered for remitting the contribution for this Fund.
Which means whether we can take into account the employees who draw less than INR 15000 per month alone for computation of this contribution. Similarly in Form A of this act, there is a column for listing the number of employees who are not covered in this act, whether we can mention the number of employees who draw above INR 15000 per month in this column. OR only the Managers / Executives / Supervisors who are exempt from this contribution need to be listed in this section. Also if someone can advise the effective date when INR 3500 was changed into INR 15000, it would be nice.
Thanks
From India, Chennai
5Which means whether we can take into account the employees who draw less than INR 15000 per month alone for computation of this contribution. Similarly in Form A of this act, there is a column for listing the number of employees who are not covered in this act, whether we can mention the number of employees who draw above INR 15000 per month in this column. OR only the Managers / Executives / Supervisors who are exempt from this contribution need to be listed in this section. Also if someone can advise the effective date when INR 3500 was changed into INR 15000, it would be nice.
Thanks
From India, Chennai
Hi
At the outset, the Company is liable to pay the LWF Contribution in respect of employees defined under Section 2(b)(i) which includes the following categories of employees
any person who is employed for hire or reward to do any work skilled or unskilled, manual, supervisory, clerical or technical in an establishment for a period of 30 days during the period of the preceding twelve months whether the terms of employment be express or implied.
It has excluded the following categories of employees [Section 2(b)(i)(a)), (b) and (c)
-(a) who is employed mainly in a managerial capacity
(b) who being employed in a supervisory capacity draws wages exceeding Rs. 1,000 per mensem or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature, or
(c) who is employed as an apprentice or on part-time basis.
The wage limit Rs.1,000/- fixed under (b) above was enhanced to Rs.3,500/- and the same has been further enhanced to Rs.15,000/- by virtue of amendment to the Act namely; The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018 which was published in the Official Gazette of Tamil Nadu on 30th January, 2018.
The effective date of enforcement of the amendment with effect from 14th March, 2018
A copy of the Gazette Notifications of 30th January, 2018 and 14th March, 2018 are attached herewith.
Your Query
Which means whether we can take into account the employees who draw less than INR 15000 per month alone for computation of this contribution?
You have to take all the employees as defined in Section 2(b)(i) even though their salary is above INR 15000 per month
In addition, if you have employees in supervisory category and drawing wages more than INR 15000 per month you can exclude them.
In Form A you have to mention in the specific column – number of employees who are not covered you have to mention the number of employees engaged in the category of Supervisors (who draw more than INR Rs.15000/- per month, Managers / Executives.
Regards
Lakshmanan
S.G. Management Services
Kolkata
From India, Kolkata
At the outset, the Company is liable to pay the LWF Contribution in respect of employees defined under Section 2(b)(i) which includes the following categories of employees
any person who is employed for hire or reward to do any work skilled or unskilled, manual, supervisory, clerical or technical in an establishment for a period of 30 days during the period of the preceding twelve months whether the terms of employment be express or implied.
It has excluded the following categories of employees [Section 2(b)(i)(a)), (b) and (c)
-(a) who is employed mainly in a managerial capacity
(b) who being employed in a supervisory capacity draws wages exceeding Rs. 1,000 per mensem or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature, or
(c) who is employed as an apprentice or on part-time basis.
The wage limit Rs.1,000/- fixed under (b) above was enhanced to Rs.3,500/- and the same has been further enhanced to Rs.15,000/- by virtue of amendment to the Act namely; The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018 which was published in the Official Gazette of Tamil Nadu on 30th January, 2018.
The effective date of enforcement of the amendment with effect from 14th March, 2018
A copy of the Gazette Notifications of 30th January, 2018 and 14th March, 2018 are attached herewith.
Your Query
Which means whether we can take into account the employees who draw less than INR 15000 per month alone for computation of this contribution?
You have to take all the employees as defined in Section 2(b)(i) even though their salary is above INR 15000 per month
In addition, if you have employees in supervisory category and drawing wages more than INR 15000 per month you can exclude them.
In Form A you have to mention in the specific column – number of employees who are not covered you have to mention the number of employees engaged in the category of Supervisors (who draw more than INR Rs.15000/- per month, Managers / Executives.
Regards
Lakshmanan
S.G. Management Services
Kolkata
From India, Kolkata
Hi Abhiram
The definition of employee under Section 2(2) of The Andhra Pradesh Labour Welfare Fund Act, 1987 reads as follows:-
Section 2 sub-section (2) employee means:
(i) any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory, clerical, or technical, in an establishment for a period of thirty days during the period of twelve months, whether the terms of employment be express or implied; but does not include any person
(a) who is employed mainly in a managerial capacity; or (b) who being employed in a supervisory capacity, draws wages exceeding Rs. 1,600 (Rupees sixteen hundred) per mensum or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(c) who is employed as an apprentice or on part time basis.
Explanation:- An apprentice means a person who according to the Certified Standing Orders applicable to the establishment is an apprentice or who is declared to be an apprentice by the authority specified in this behalf by the Government;
As per above sub-section (2) Item (ii) Clause (b) the following categories of employees have been excluded from the purview of the Act
a) employed mainly in a managerial capacity
b) employed in supervisory capacity, draws wages exceeding Rs.1,600/- per month or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature
Subsequently there was an amendment to the definition of employees which was published in the Official Gazette of Andhra Pradesh on 9th April, 2015. The amendment reads as follows:-
“In sub-section (2) Item (i) Clause (b) shall be omitted”
That means now all employees irrespective of their categories will come under the purview of the Act.
The effective date of the aforesaid amendment is with effect from 23rd day of April, 2015.
Attached, please find the Gazette Notification of the amendment and notifying the effective date.
The Telangana has adopted The Andhra Pradesh Labour Welfare Fund Act vide Telangana Government’s Notification G.O.Ms. No 8 dated 1-2-2016. I do not have this notification with me.
Hence, the Establishment is liable to pay contribution in respect of all the employees irrespective their categories under The Telangana Labour Welfare Fund Act.
Regards
P S Lakshmanan
S G Management Services
Kolkata
From India, Kolkata
The definition of employee under Section 2(2) of The Andhra Pradesh Labour Welfare Fund Act, 1987 reads as follows:-
Section 2 sub-section (2) employee means:
(i) any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory, clerical, or technical, in an establishment for a period of thirty days during the period of twelve months, whether the terms of employment be express or implied; but does not include any person
(a) who is employed mainly in a managerial capacity; or (b) who being employed in a supervisory capacity, draws wages exceeding Rs. 1,600 (Rupees sixteen hundred) per mensum or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(c) who is employed as an apprentice or on part time basis.
Explanation:- An apprentice means a person who according to the Certified Standing Orders applicable to the establishment is an apprentice or who is declared to be an apprentice by the authority specified in this behalf by the Government;
As per above sub-section (2) Item (ii) Clause (b) the following categories of employees have been excluded from the purview of the Act
a) employed mainly in a managerial capacity
b) employed in supervisory capacity, draws wages exceeding Rs.1,600/- per month or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature
Subsequently there was an amendment to the definition of employees which was published in the Official Gazette of Andhra Pradesh on 9th April, 2015. The amendment reads as follows:-
“In sub-section (2) Item (i) Clause (b) shall be omitted”
That means now all employees irrespective of their categories will come under the purview of the Act.
The effective date of the aforesaid amendment is with effect from 23rd day of April, 2015.
Attached, please find the Gazette Notification of the amendment and notifying the effective date.
The Telangana has adopted The Andhra Pradesh Labour Welfare Fund Act vide Telangana Government’s Notification G.O.Ms. No 8 dated 1-2-2016. I do not have this notification with me.
Hence, the Establishment is liable to pay contribution in respect of all the employees irrespective their categories under The Telangana Labour Welfare Fund Act.
Regards
P S Lakshmanan
S G Management Services
Kolkata
From India, Kolkata
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TN Labour Welfare Fund 2018.pdf