The below mentioned amendments effective from 19th December, 2017 along with the above- mentioned provisions: –
| Sr. No. | Amendment – Effective date of implementation 19th December, 2017 | Earlier provision |
|---|---|---|
| 1 | The provisions of the Act shall be applicable on establishments employing 10 or more employees. Therefore the registration under the Act shall not be applicable for establishments having less than 10 employees (However the same shall not be applicable for the establishments already registered and having the valid S&E and till the expiry of the said registration. | Registration was applicable even for zero head count |
| 2 | The application for registration under the Act should be filed within 60 days from the commencement of operation. | Earlier it was within 30 days from the commencement of operation |
| 3 | The renewal of registration need to be applied online, not less than 30 days before the date of expiry of registration. In case in delay of submission of renewal, 50% of the renewal of registration fee to be paid as late payment. | Earlier it was 15 days prior to the expiry |
| 4 | No women shall be discriminated in the matter of recruitment, training, transfers, promotion or wages. | Earlier there was no such provisions |
| 5 | Women employees with their consent shall be allowed to work between 9.30 p.m. and 7 a.m., in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor. | Earlier 8.30 PM to 7AM |
| 6 | The spread-over of an employee in establishment shall not exceed 10.5 hours in any day. | Earlier 11 hours in any day |
| 7 | The total number of overtime hours shall not exceed 125 hours in a period of 3 months. | Earlier 6 hours in a week |
| 8 | If an employee is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday. | Earlier there was no such provision |
| 9 |
The employer of an establishment shall furnish to every worker an identity card. Such card shall contain the following and such other particulars as may be prescribed, namely :—
the name of the employer; the name, if any, and the postal address, of the establishment; the name and age of the worker; date of joining, department, nature of work, designation; the signature (with date) of the employer or manager; Blood Group; Aadhaar Card Number. |
Earlier there was No such provisions |
| 10 | Earned Leave – One day earned leave for every 20 days of work | Earlier 21 days in year |
| 11 | Casual Leave 8 days | Earlier there was no provision for casual leave |
| 12 |
Maximum accumulation of EL shall not exceed 45 days.
In case the employee applies for earned leave and not granted, the earned leave which exceeds 45 days to be encashed at the rate of actual wages. At the time of separation, the earned leave which is due to an employee should be encashed |
Earlier 42 days of accumulation and there was no such provision for encashment incase the leaves exceeds the accumulation limit |
| 13 | National and festival holidays – employees shall be entitled for holidays on 26-Jan, 1-May, 15-Aug, & 2-Oct and 4 such other festival holidays, agreed by the employer and employees. | Earlier: 26-Jan, 1-May, 15-Aug, & 2-Oct No provision of Festival holidays |
| 14 | Establishment wherein fifty or more workers are employed, there shall be provided and maintained a suitable room or rooms as crèche for the use of children of such workers. Provided that, if a group of establishments, so decide to provide a common crèche within a radius of one kilometre, then, the same shall be permitted by the Chief Facilitator, subject to such conditions as may be specified in the order. | Earlier No such provision |
| 15 | There is a provision for annual return under the Act, which will be notified by the authority through a separate notification. | No such provision |
| 16 | The penalty for contravention of the New Act and the rules has been enhanced to INR 100,000 and in case of continuing contravention an additional fine which may extend to INR 2,000 for every day during which the contravention continues. Further, for repeated offenders the fine may extend to INR 2,00,000. | The Earlier Act provides for a minimum fine of INR 1,000 and a maximum fine of INR 5,000. |