The Karnataka Government (Government) vide its notification dated 8 August 2019 notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (Amendment Rules). The Amendment Rules address and clarify several key aspects concerning the provision and management of creche facilities which had not been previously addressed by the Maternity Benefit (Amendment) Act, 2017 (Amendment Act).
On 26 March 2019, in the matter of Modern Transportation Consultation Services Private Limited & Anr. v Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors. (Civil Appeal No. 7698 of 2009), a bench comprising Justices Abhay Manohar Sapre and Dinesh Maheshwari of the Supreme Court (Supreme Court), elucidated the meaning and scope of an “excluded employee” for the purpose of the Employees’ Provident Funds Scheme 1952 (1952 Scheme) in relation to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act).
A Bench of Hon’ble Justices Arun Mishra and Navin Sinha of the Hon’ble Supreme Court vide judgement dated 28 February 2019 in the case of The Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir & Ors.
In the interim budget 2019 (Interim Budget) presented by the Finance Minister on 1 February 2019, the measures taken by the Government of India (Government) in the past few years for the benefit of different categories of workers were highlighted.
On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Supreme Court of India (Supreme Court) in Regional Provident Fund Commissioner (II) West Bengal v Vivekananda Vidyamandir and Others [Civil Appeal Number 6221 of 2011] (Vivekananda).
The bench of Hon’ble Justices Uday Umesh Lalit and Vineet Saran of the Hon’ble Supreme Court of India (Supreme Court), vide judgement dated 22 August 2019 in Air India Express Limited and others v Captain Gurdarshan Kaur Sandhu [Civil Appeal Number 6567 of 2019], examined whether an employee can withdraw his / her resignation during the term of notice period.
The Maternity Benefit Act 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act 2017 (2017 Amendment). Under the 2017 Amendment, setting up a creche was made mandatory for all establishment employing 50 (fifty) or more employees. However, there was lack of clarity on the technical aspects and related requirements concerning setting up of creche and the facilities to be provided therein. The Karnataka Government on 21 July 2018 had issued the draft Karnataka Maternity (Amendment) Rules 2018 highlighting various aspects for administration of creche for comments.
On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Supreme Court of India (Supreme Court) in Regional Provident Fund Commissioner (II) West Bengal v Vivekananda Vidyamandir and Others [Civil Appeal Number 6221 of 2011] (Vivekananda).
On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Supreme Court of India (Supreme Court) in Regional Provident Fund Commissioner (II) West Bengal v Vivekananda Vidyamandir and Others [Civil Appeal Number 6221 of 2011] (Vivekananda).
by Anshul Prakash (Partner), Deeksha Malik (Associate) and Kosheel Gupta (Associate)
The Maternity Benefit Act, 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act, 2017 (2017 Amendment) to grant certain additional benefits to eligible women employees. As part of the 2017 Amendment, the provision of a crèche facility was made effective from 1 July 2017 as a mandatory requirement for every establishment with 50 or more employees. However, several aspects concerning the provision of such crèche facility (e.g.
