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Archive for the ‘Employment Insurance’ Category

EMPLOYMENT LAW INDIA

The object of the employment laws in India is social welfare legislation protecting the employees, protecting their contentment and regulates situation of crisis.  India adopted the the core labour standards of ILO for welfare of workers and to protect their interests. India has enacted a number of labour laws addressing various issues such as resolution of industrial disputes, working conditions, labour compensation, insurance, child labour, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases. The labour laws cast upon the employer certain obligations for meticulous, impeccable and timely compliance.  A minor violation or an inadvertent delay in complying with the statutory requirements, not only result in levy of damages but also prosecutions that too, of the top executives.

Workmen’s Compensation Act 1923

This Act is the earliest national legislation to provide the compensation to certain classes of workmen by their employers for injury which may be suffered by the workmen as a result of an accident during the course of employment.  The general principle is that a workman who suffers injury in course of his employment should be entitled to compensation and in case of fatal injury his dependants should be compensated. 

Minimum Wages Act 1948

The Act prescribes minimum wages for all employees in all establishments or working at home in certain employments specified in the schedule of the Act. Central and State Governments revise minimum wages specified in the schedule.

Payment of Wages Act 1936

The Act regulates issues relating to time limits within which wages shall be distributed to employees and that no deductions other than those authorized by the law are made by the employers.

Industrial Disputes Act 1947

Further more the Act aims to ensure fair terms to workmen and to prevent disputes between employer and the employees so that production may not be adversely affected in the larger interest of public.

It provides the mechanism for the reconciliation and adjudication of disputes or differences between the employees and the employers. Industrial undertaking includes an undertaking carrying any business.  The Act provides the procedure for termination/retrenchment or layoff of a workman who has been in continuous service for not less than one year under an employer.

Employees Provident Fund and Miscellaneous Provisions Act 1952

This Act provides for the institution of provident funds, employees pension funds and deposit linked insurance fund for employees in factories and other establishment.  Its main purpose to ensure the financial security of the employees in an establishment by providing for a system of compulsory savings. There is a provision for establishments of a contributory Provident Fund in which employees’ contribution shall be at least equal to the contribution payable by the employer.

Payment of Bonus Act 1965

The Act applies to any establishment / business in which twenty or more persons are employed on any day during an accounting year.  It provides for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity. The minimum bonus, which an employer is required to pay even if he suffers losses during the accounting year is 8.33% of the salary.

Payment of Gratuity Act 1972

The Act provides for a provision for the payment of gratuity to all employees in all establishments employing ten or more employees to all types of workers. Gratuity is payable to an employee on his retirement/resignation.

Maternity Benefit Act 1961

The Act provides the certain benefits to the women in certain establishments for a prescribed period before and after child birth. The Act does not apply to any factory or other establishment to which the Employees State Insurance Act 1948 is applicable. Every women employee who has actually worked in an establishment for a period of at least 80 days during the 12 months immediately proceeding the date of her expected delivery, is entitled to receive maternity benefits i.e. medical bonus, maternity leave, nursing breaks under the Act.

Industrial Employment (Standing orders) Act 1946

The Act requires employers in industrial establishments to clearly define the conditions of employment by issuing standing orders duly certified. Model standing orders issued under the Act deal with classification of workmen, holidays, shifts, payment of wages, leaves, termination etc.

The Apprentices Act, 1961

It regulates the needs of trained craftsmen for industry by utilizing the training facility available in the industry so as to supplement the availability of trained technical personnel.  It is statutory obligation of every establishment to train a number of apprentices according to ratio of the trade in their establishment.

The Bonded Labour System (Abolition) Act, 1976

The Act seeks to provide for the abolition of bonded labour system with a view to preventing economic and physical exploitation of the weaker section.

The Child Labour (Prohibition and Regulation) Act, 1986

The Act is a social welfare legislation aiming to prohibit the engagement of children in certain employments and to regulate the conditions of the children in certain other employment.  A child means a person who has not completed his fourteenth year of age.

The Collection of Statistics Act, 1953

The Act empowers the state to effect the collection of statistics of certain kinds relating to industry, trade and commerce.

The Contract Labour (Regulation & Abolition) Act, 1970

The Act was passed to aid of workers who are employed through contractors and who have no direct link with industry for which work is done.  The Act regulates the employment of contract labour in certain establishments and prohibits such employment in certain circumstances.

The Dangerous Machine (Regulation) Act, 1983

The Act is to provide for regulation of trade and commerce in, and production, supply, distribution of the product producing dangerous machines with a view to securing the welfare of labour, operating such machines.

The Indian Dock Labouers Act, 1934

The Act was passed to give effect to the convention concerning the protection against accidents of workers while loading and unloading of ships.

The Emigration Act, 1983

The Act is designed to restrict and control the emigration of skilled and unskilled workers recruited for work beyond the limits of India.  It apply to citizens of India and outside.

The Equal Remuneration Act, 1976

The Act provides for payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex.

The Factories Act, 1948

The Act provides that employees should work in healthy and sanitary conditions  so far as the manufacturing process will allow and that precaution to be taken care for their safety and for the preventions of accidents.

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The Act applies to every establishment in which five or more inter state migrant workmen are employed.  It further provides for the registration of the principal employer. 

The Mines Act, 1952

The Act seeks to regulate the working conditions in mine
s by providing for measures to be taken for the safety of workers employed therein and certain amenities for them.

The Minimum Wages Act, 1948

The Act has been enacted to ensure that the employer pays minimum wages to the employees as fixed or revised by the appropriate government. 

The Motor Transport Workers Act, 1961

The Act deals with the matters like medical facilities, welfare facilities, hours of work, spread over, rest period, overtime, annual leave with pay etc.

The Working Journalists and other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955

1. There can be a variety of reasons why a new employee does not have a P45 from first job, student, first employment in the current financial year, immigrant worker, P45 lost or perhaps not issued by a previous employer or issued late. Whatever the reason if a new employee does not give the new employer a P45 on the day employment commences then the employer has a responsibility to complete and submit the P46 form.

Completing the Inland Revenue P46 form is the method an employer uses to advise HMRC about the employment of a new employee who does not have a P45.

2. P46 forms should be sent to HMRC on the first pay day they are paid allowing a short period of time for a new employee who does not have a P45 to obtain one.

3. A new rule was introduced from 6 April 2008 if the employee has ticked either box A or B then the P46 revenue form does not have to be sent to HMRC until that employee earnings reach the lower earnings limit. PAYE records still need to be produced by the employer but official notification to HMRC is not required unless the lower earnings level is exceeded.

Should the earnings of the employee continue to be below the lower earnings limit then the earnings and employment would still be advised to HMRC on the P35 annual employers return.

4. If the new employee does not complete the Inland Revenue P46 form before the first pay day then the new employer should complete section one. Section one includes the employee name and address, date of birth and national insurance number.

5. If the employee does not have a national insurance number then the employer must also advise the job centre. It is important to advise the authorities when the employee does not have a number to avoid illegal employment laws. The P46 revenue form can still be submitted to HMRC without a national insurance number who have the facility to trace the number from the information supplied.

While preferable for the employee to sign the P46 form the P46 tax form can be submitted by an employer without the employee signature.

6. If the employee does not complete the P46 the employer must deduct tax using a BR tax code taxing all earnings and excluding personal tax allowances.

7. The tax code to be applied to new employee earnings is dependent upon when the employee joined and which of the boxes A, B or C are ticked on the P46 tax form.

If box A is ticked then apply the emergency tax code which from 6 April 2008 is 543L and after 7 September 2008 and the new tax code 603L. Tax is deducted on a cumulative basis. If box B is ticked then apply the emergency tax code which from 6 April 2008 is 543L and after 7 September 2008 and the new tax code 603. Tax is deducted on a week 1 or month 1 basis.

If box C is ticked then apply the BR tax code. Income tax is deducted on cumulative basis.

If none of the boxes A, B or C are ticked then apply the BR tax code and deduct tax on a cumulative basis.

8. If the new employee has ticked box D then student loan deductions should be made with effect from the first pay date provided the earnings level for deduction of student loans has been reached. Refer to the student loan deduction tables at Student Loan Table to determine how much should be deducted.

9. P46 forms can be filed online by an employer. When the Inland Revenue P46 form is filed online the employer should also have kept a record of how the information submitted was obtained.

10. Before the P46 Inland Revenue form can be filed online the employer must have obtained the facility to do so by registering with HMRC for a PAYE scheme. The HMRC website contains free software that can be used for this purpose.

When you consider buying into a fast food chain, you will need to look into various types of fast food franchise insurance. There are all kinds of coverage you need to protect your business and your employees and it is important to find an insurance company that will provide you with what you need.

Property insurance is a given in fast food franchise insurance. If you have a fire in your kitchen and your restaurant burns to the ground, you obviously need the funds to recoup your losses. Find a company that will offer you insurance for replacement value of your building and fixtures.

Casualty insurance is the type of insurance that kicks in when an accident occurs in your store. Liability insurance protects assets like your bank account against lawsuits when you are sued for occurrences that are deemed to be your responsibility by the courts.

Even if you do your best to make sure everything is done to the highest standards, there may be times when something happens that you do not catch. Consequently, you will usually have to meet a minimum liability requirement for fast food franchise insurance based on your state and other factors. However, it is best to go with a company that will offer you extra liability insurance at a reasonable rate.

You can also be covered for potential losses. One example where this type of fast food franchise insurance would be beneficial would be when you purchase a large amount of supplies, expecting a heavy week. If the customers do not materialize and the food goes to waste, it would amount to a loss. However, if you have adequate loss insurance, you will not feel the pinch.

For a fast food franchise, your insurance should include a comprehensive policy for workmen’s compensation. If you have had a lot of accidents in business in the past, you might have to pay higher premiums. Make sure that you are not paying more and getting less. It is important to read the information and compare policies.

If you are building a new restaurant, you will need builder’s risk insurance. In order to protect yourself from the consequences of misunderstandings during hiring, it is good to have a policy that includes employment practices liability insurance. Your franchise insurance should cover every foreseeable risk your company will face.

To get the best insurance, be sure that your agent is knowledgeable and certified. Brokers give you more options, but may not give you the loyalty factor of an individual agent. Also, it is great if you can find an agent who will explain all the insurances to your satisfaction so that you understand exactly what you need and do not need. If you take all the facts into account, you should be able to find California fast food insurance that will meet your needs.