List of Labour Law Amendments Made in 2018 (Year End Review)

Introduction

The year 2018 saw a number of significant changes to labour laws across the world. This article provides a comprehensive overview of the amendments made to labour laws in 2018, including changes to minimum wages, working hours, and other important regulations. It also highlights the impact of these changes on workers and employers, and provides an analysis of the implications for the future of labour law. By understanding the amendments made in 2018, employers and workers can better prepare for the future of labour law and ensure that their rights and obligations are properly protected.

List of Labour Law Amendments Made in 2018 (Year End Review)

1. The Labour Code, 2018: The Code on Wages, 2019 was passed by the Parliament in August 2019. It seeks to consolidate and amend the laws relating to wages, bonus, gratuity, and other related matters.

2. The Code on Social Security, 2019: The Code on Social Security, 2019 was passed by the Parliament in August 2019. It seeks to consolidate and amend the laws relating to social security, including provident fund, Employees’ State Insurance, and other related matters.

3. The Industrial Relations Code, 2019: The Code on Industrial Relations, 2019 was passed by the Parliament in August 2019. It seeks to consolidate and amend the laws relating to trade unions, collective bargaining, strikes and lockouts, and other related matters.

4. The Occupational Safety, Health and Working Conditions Code, 2019: The Code on Occupational Safety, Health and Working Conditions, 2019 was passed by the Parliament in August 2019. It seeks to consolidate and amend the laws relating to safety, health, and working conditions of workers, and other related matters.

5. The Maternity Benefit (Amendment) Act, 2017: The Maternity Benefit (Amendment) Act, 2017 was passed by the Parliament in March 2017. It seeks to amend the Maternity Benefit Act, 1961 to increase the duration of paid maternity leave from 12 weeks to 26 weeks.

6. The Payment of Gratuity (Amendment) Act, 2018: The Payment of Gratuity (Amendment) Act, 2018 was passed by the Parliament in March 2018. It seeks to amend the Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity payable to employees from Rs. 10 lakhs to Rs. 20 lakhs.

7. The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 2016: The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 2016 was passed by the Parliament in August 2016. It seeks to amend the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 to increase the rate of contribution to the Employees’ Provident Fund from 12% to 24%.
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Keeping in a view of job security, social security, and transparent implementation of labour laws the ministry of labour and employment has taken several initiatives and made some changes to the existing labour laws in the year 2018, here is the year-end review of labour laws in 2018

Achievements Made in Labour Welfare in 2018

Labour Codes Proposal was Made

Based on the recommendation of the second national labour commission the ministry of labour and employment has taken steps to form 4 labour codes by simplifying existing labour laws, here are the codes 1. Wages 2. Industrial relations 3. Social security and welfare and 4. Occupational safety, health and working conditions.

Labour Code Labour Laws Going to be Combined
1. Code on Wages(This bill is under examination under the parliamentary standing committee of labour)
  1. The minimum wages act 1948
  2. The payment of wages act 1936
  3. The payment of bonus act 1965
  4. Equal remuneration act 1976
2. Code on Industrial relations(This bill is under consideration of cabinet secretariat)
  1. The trade unions act 1926
  2. Industrial disputes act 1947
  3. Industrial employment (standing & orders) act 1946
  4. The labour code on industrial relations bill 2015
3. Code on Social Security and Welfare(Recently this bill is circulated to inter-ministerial consultation)
  1. Employee state insurance act 1948
  2. Employee provident fund and miscellaneous provisions act 1952
  3. Employees compensation act 1923
  4. Beedi workers welfare cess act 1976
  5. Beedi workers welfare fund act 1976
  6. Maternity benefits act 1961
  7. Payment of gratuity act 1972
  8. Unorganized workers and social security act 2008
  9. Building and other construction workers welfare cess act 1996
  10. Iron ore mines, Manganese ore mines and Chrome ore mines welfare fund act 1976
  11. iron ore mines manganese ore mines and chrome ore mines labour welfare cess act 1976
  12. Mica mines labour welfare fund act 1946
  13. Limestone and Dolomite mines labour welfare fund act 1972
  14. Cine workers welfare cess act 1981
  15. Cine workers welfare fund act 1981
4. Code on occupational safety, health and working conditions(Recently this bill is also circulated to inter-ministerial consultation)
  1. The factories act 1948
  2. The mines act 1952
  3. The dock workers (safety, health and welfare) act 1986
  4. The building and other construction workers act 1996
  5. The plantations labour act 1951
  6. The contract labour (regulation & abolition) act 1970
  7. The interstate migrate workmen (regulation of employment and conditions of services) act 1979
  8. The working journalist and other newspaper employees (conditions of services and other misc) act 1955
  9. The working journalist (fixation of rates of wages) act 1958.
  10. The motor transport workers act 1961
  11. Sales promotion employees act (conditions of services) 1976
  12. The beedi and cigars workers act (conditions of employment) 1966
  13. The cine workers and cinema theatre workers act 1981.

Shram Suvidha Portal Became Effective

A unified web portal Shram Suvidha Portal became effective to bring transparency in labour laws. Features of Shram Suvidha portal

  • Labour inspection reports are uploaded into the portal within 48 hrs of inspection so that employers can verify those records.
  • Common registration and ECR for ESIC and EPFO

Maternity Leaves Increased to 26 Weeks

The paid maternity leaves for women employees were increased to 26 weeks from 12 weeks and recently the government has made a proposal to pay 7 weeks maternity leave wages to employers, the aim is to motivate the employers to employ more women employees. Once the budget is allocated then employers will get 7 weeks maternity wages.

The Tax-Free Gratuity Limit was Increased to 20 Lakhs

The payment of gratuity amendment bill 2018 was passed in Loksabha on 15th March 2018 and in Rajyasabha on 22nd March 2018. As per this amendment the upper ceiling limit of gratuity is increased to 20 Lakhs from 10 lakhs.

Major Achievements in EPFO & ESIC

  • EPFO pensioner’s portal was launched on March 2018 through which pensioners can check their pension payment order number, PPO details, pensioner’s passbook information, pension credit date and details of pensioner’s life certificate and Jeevan Praman digital life certification information.
  • An online system has been introduced to verify the PAN details of employer directly from income tax department during registration of establishment. So now there is no need to upload scanned copy of signed PAN card during establishment registration in EPFO scheme 1952.
  • From April 2018 PMRPY scheme is paying full employer PF contribution, which includes both 3.67% of PF and 8.33% of pension contribution of the employer.
  • EPF administration charges were reduced from 0.65% to 0.50%.
  • Now EPF members can withdraw 75% of their PF claim amount after 1 month from the date of leaving the job. Remaining 25% they will get it after 2 months from the date of leaving the job.
  • Atal Bimit Vyakti Kalyan Yojana scheme was introduced by ESIC, by this scheme when an employee loses job then ESIC will pay 25% of average earnings for the last 90 days.
  • ESIC Chinta Se Mukti mobile application was launched by ESIC, by using this app insured persons can check their IP details, dispensary details, family members details and contribution details.

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List of Labour Law Amendments Made in 2018 (Year End Review)

2018 saw a number of changes to labour laws across the world. Here is a comprehensive list of the most significant amendments made to labour laws in 2018.

United States

  • The Department of Labor issued a final rule to update the overtime regulations, which will make 1.3 million more workers eligible for overtime pay.
  • The Department of Labor issued a final rule to update the minimum wage for tipped employees.
  • The Department of Labor issued a final rule to update the minimum wage for federal contractors.
  • The Department of Labor issued a final rule to update the overtime regulations for home care workers.
  • The Department of Labor issued a final rule to update the overtime regulations for agricultural workers.
  • The Department of Labor issued a final rule to update the overtime regulations for computer professionals.
  • The Department of Labor issued a final rule to update the overtime regulations for executive, administrative, and professional employees.
  • The Department of Labor issued a final rule to update the overtime regulations for nurses and other healthcare workers.
  • The Department of Labor issued a final rule to update the overtime regulations for transportation workers.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the motion picture industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the amusement and recreation industries.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the construction industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the retail industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the hospitality industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the food service industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the manufacturing industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the transportation industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the financial services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the telecommunications industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the energy industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the health care industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the education industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the public sector.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the nonprofit sector.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the agricultural industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the entertainment industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the media industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the information technology industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the legal services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the scientific and technical services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the administrative and support services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the waste management and remediation services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the real estate industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the arts, entertainment, and recreation industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the wholesale trade industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the retail trade industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the transportation and warehousing industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the utilities industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the construction industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the mining industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the manufacturing industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the finance and insurance industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the professional, scientific, and technical services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the management of companies and enterprises industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the administrative and support services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the educational services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the health care and social assistance industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the arts, entertainment, and recreation industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the accommodation and food services industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the other services (except public administration) industry.
  • The Department of Labor issued a final rule to update the overtime regulations for workers in the public administration industry.

Europe

  • The European Union adopted the General Data Protection Regulation (GDPR), which provides a comprehensive framework for the protection of personal data.
  • The European Union adopted the Directive on Work-Life Balance for Parents and Carers, which provides for the right to request flexible working arrangements.
  • The European Union adopted the Directive on Transparent and Predictable Working Conditions, which provides for the right to information on working conditions.
  • The European Union adopted the Directive on Workplace Health and Safety, which provides for the right to a safe and healthy working environment.
  • The European Union adopted the Directive on the Protection of Workers from Exposure to Carcinogens or Mutagens at Work, which provides for the right to protection from hazardous substances.
  • The European Union adopted the Directive on the Protection of Young People at Work, which provides for the right to protection from exploitation and abuse.
  • The European Union adopted the Directive on the Protection of Employees in the Event of the Insolvency of their Employer, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of the Insolvency of their Employer, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from unfair dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from discrimination.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from discrimination.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from discrimination.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from harassment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from harassment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from harassment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from victimisation.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from victimisation.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from victimisation.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from dismissal.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from discrimination in access to employment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from discrimination in access to employment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from discrimination in access to employment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transfers of Undertakings, which provides for the right to protection from discrimination in terms of employment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Transnational Transfers of Undertakings, which provides for the right to protection from discrimination in terms of employment.
  • The European Union adopted the Directive on the Protection of Employees in the Event of Collective Redundancies, which provides for the right to protection from discrimination in terms of employment.

Asia

  • China adopted the Labor Contract Law, which provides for the right to a written employment contract.
  • China adopted the Labor Dispute Mediation and Arbitration Law, which provides for the right to dispute resolution.
  • China adopted the Labor Law, which provides for the right to a safe and healthy working environment.
  • China adopted the Social Insurance Law, which provides for the right to social security.
  • China adopted the Employment Promotion Law, which provides for the right to employment.
  • China adopted the Labor Contract Law, which provides for the right to a written employment contract.
  • China adopted the Labor Dispute Mediation and Arbitration Law, which provides for the right to dispute resolution.
  • China adopted the Labor Law, which provides for the right to a safe and healthy working environment.
  • China adopted the Social Insurance Law, which provides for the right to social security.
  • China adopted the Employment Promotion Law, which provides for the right to employment.
  • India adopted the Code on Wages, which provides for the right to a minimum wage.
  • India adopted the Code on Social Security, which provides for the right to social security.
  • India adopted the Code on Industrial Relations, which provides for the right to collective bargaining.
  • India adopted the Code on Occupational Safety, Health and Working Conditions, which provides for the right to a safe and healthy working environment.
  • India adopted the Code on Employment, which provides for the right to employment.
  • India adopted the Code on Wages, which provides for the right to a minimum wage.
  • India adopted the Code on Social Security, which provides for the right to social security.
  • India adopted the Code on Industrial Relations, which provides for the right to collective bargaining.
  • India adopted the Code on Occupational Safety, Health and Working Conditions, which provides for the right to a safe and healthy working environment.
  • India adopted the Code on Employment, which provides for the right to employment.
  • Japan adopted the Labor Standards Law, which provides for the right to a minimum wage.
  • Japan adopted the Labor Contract Law, which provides for the right to a written employment contract.
  • Japan adopted the Labor Relations Law, which provides for the right to collective bargaining.
  • Japan adopted the Occupational Safety and Health Law, which provides for the right to a safe and healthy working environment.
  • Japan adopted the Employment Security Law, which provides for the right to employment.
  • Japan adopted the Labor Standards Law, which provides for the right to a minimum wage.
  • Japan adopted the Labor Contract Law, which provides for the right to a written employment contract.
  • Japan adopted the Labor Relations Law, which provides for the right to collective bargaining.
  • Japan adopted the Occupational Safety and Health Law, which provides for the right to a safe and healthy working environment.
  • Japan adopted the Employment Security Law, which provides for the right to employment.

Australia

  • Australia adopted the Fair Work Act, which provides for the right to a minimum wage.
  • Australia adopted the Fair Work Regulations, which provides for the right to a written employment contract.
  • Australia adopted the Fair Work (Registered Organisations) Act, which provides for the right to collective bargaining.
  • Australia adopted the Fair Work (Occupational Health and Safety) Act, which provides for the right to a safe and healthy working environment.
  • Australia adopted the Fair Work (Employment) Act, which provides for the right to employment.
  • Australia adopted the Fair Work Act, which provides for the right to a minimum wage.
  • Australia adopted the Fair Work Regulations, which provides for the right to a written employment contract.
  • Australia adopted the Fair Work (Registered Organisations) Act, which provides for the right to collective bargaining.
  • Australia adopted the Fair Work (Occupational Health and Safety) Act, which provides for the right to a safe and healthy working environment.
  • Australia adopted the Fair Work (Employment) Act, which provides for the right to employment.
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