ARTICLE
2 April 2025

Labour And Employment Law Newsletter: Statutory Updates – February 2025

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DSK Legal

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The Employees Provident Fund Organisation ("EPFO") vide its Circular No. WSU/Transfer of Claims/E-52972/2024-25/005 dated January 15, 2025, dispensed with the requirement of routing online transfer claims through past/present employer to expedite the process of transfer.
India Employment and HR
  1. EPFO CIRCULAR REGARDING SIMPLIFICATION OF TRANSFER CLAIMS

The Employees Provident Fund Organisation ("EPFO") vide its Circular No. WSU/Transfer of Claims/E-52972/2024-25/005 dated January 15, 2025, dispensed with the requirement of routing online transfer claims through past/present employer to expedite the process of transfer in the following cases: (a) Transfers between Member IDs linked with the same UAN, where the UAN was allotted on or after October 1, 2017 and linked with Aadhaar, (b) Transfers between Member IDs linked with different UANs, where such UANs were allotted on or after October 1, 2017 and linked with the same Aadhaar, (c) Transfers between Member IDs linked with the same UAN, where the UAN was allotted prior to October 1, 2017, is linked with Aadhaar, and the name, date of birth, and gender are identical across the Member IDs, and (d) Transfers between Member IDs linked with different UANs, where at least one of the UANs was allotted prior to October 1, 2017, is linked with the same Aadhaar, and the name, date of birth, and gender are identical across the Member IDs.

  1. EPFO CIRCULAR REGARDING DE-LINKING OF ERRONEOUSLY LINKED MEMBER IDs FROM UAN

The EPFO vide its Circular No. WSU/ErroneousLinkingofUAN/E-838432/2024-25/101 dated January 17, 2025, has introduced a facility for the members to de-link any wrongly linked (linked without their knowledge) Member Id from their UAN. A detailed User Manual for the same has also been enclosed with the captioned circular.

  1. LABOUR WELFARE FUND RATES REVISED IN MAHARASHTRA AND KARNATAKA

The Governments of Maharashtra and Karnataka have recently amended their respective labour welfare fund statutes. The Maharashtra Government, following its amendment dated March 18, 2024, recently issued a public notice reiterating the revised half-yearly contributions of INR 25 for employees and INR 75 for employers. Establishments in Maharashtra have also been mandated to pay these contributions exclusively through the online facility from June 2024 onwards as per the amendment. Similarly, the Karnataka Government, vide a notification dated January 10, 2025, notified the Karnataka Labour Welfare Fund (Amendment) Act, 2024, revising labour welfare fund contributions to INR 50 each for employees and the State Government, and INR 100 for employers.

  1. AMENDMENT OF KERALA FACTORIES RULES, 1957

The Government of Kerala vide Notification No. G.O (P) No. 1/2025/LBR dated January 4, 2025, notified the Kerala Factories (Amendment) Rules, 2025 ("Amendment Rules")2. The Amendment Rules has revised Appendix-I, which prescribes the fees for granting factory licenses, and Appendix-III, which outlines the schedule of other prescribed fees under the Kerala Factories Rules, 1957.

  1. GOVERNMENT OF MEGHALAYA PRESCIBES CONDITIONS FOR EMPLOYING FEMALE WORKERS IN FACTORIES DURING NIGHT SHIFTS

The Meghalaya Government vide Notification No. LE & SD 62/2024/84 dated January 16, 2025, outlined safety and security conditions for employers seeking exemptions to employ female workers in night shifts at factories. Some of the key requirements include compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"), installation of proper lighting and CCTV cameras in and around the factory, deployment of sufficient women security guards at entry and exit points and providing medical facilities, including a doctor or a female nurse during night shifts.

  1. GOVERNMENT OF NCT OF DELHI ISSUES ORDER TO ENSURE IMPLEMENTATION OF THE PROVISIONS OF THE POSH ACT

On January 6, 2025, the Labour Department of the Government of NCT of Delhi issued an order reiterating the obligation of employers to comply with the provisions of the POSH Act. Further, district in-charges (JLCs and DLCs) are directed to sensitize and seek information from employers regarding the constitution of Internal Committees, and to ensure that employers are informed about the "She Box Portal" introduced by the Ministry of Women and Child Development, Government of India, for online complaint registration.

  1. DIRECTION FOR SUBMISSION OF ANNUAL REPORTS UNDER POSH ACT ISSUED BY THE OFFICE OF ADDITIONAL DEPUTY COMMISSIONER-CUM-DISTRICT OFFICER, GURUGRAM

Vide notification no. 2457 dated November 4, 2024, the Office of Additional Deputy Commissioner (ADC)-cum-District Officer under POSH Act, District Gurugram has directed all organizations including Private establishments to submit their Annual Reports under the POSH Act for the preceding calendar year by February 28 of each year. Accordingly, the Annual Report for 2024 is required to be filed by February 28, 2025. Notably, any delay in filing the annual return would attract a penalty of INR 50,000 and in case of non-compliance, action would be initiated as per the POSH Act.

Organizations covered under the POSH Act are generally required to submit their Annual Reports to the District Officer by January 31 each year for the preceding calendar year, unless an alternate deadline is prescribed by the authorities (such as in Gurugram).

Footnotes

1 https://www.epfindia.gov.in/site_docs/PDFs/Circulars/Y2024-2025/Circular_ErroneouslyLinkedMemberIDsfromUAN.pdf

2 https://www.fabkerala.gov.in/eng/images/GO/2025/Fee-notification.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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