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The Coffee Break Guide to Compliance – Vol. 1

Posted by: on 5 June 2018 in Amendments, Compliance

At ADP, we had a very successful webinar in early May on Amendments to the Indian Labour Law. The session was well received, and our host Anandan Subramaniam’s expertise was eagerly sought after for many queries. After witnessing the real need to update HR professionals on the ins and outs of compliance and statutory changes, Anandan suggested we do a weekly post on compliance on our blog to replenish your statutory acquaintance, something that has important information but is also a quick read – to be read over your cup of morning coffee, perhaps.

Starting today, we will be posting Anandan’s updates every week. Today’s topic is a spotlight on the schemes for Persons with Disabilities in the Private Sector. We hope you find it helpful.

Please subscribe to the blog updates if you’d like to be notified of these posts. As always, your questions are welcome: please comment below with your doubts and queries.

 

The Coffee Break Guide to Compliance – Vol. 1 (Persons with Disabilities in the Private Sector)

What are the incentive schemes for providing employment to Persons with Disabilities in the private sector?

Provident Fund (PF)

Employees State Insurance (ESI)

Gratuity

Stipend to Apprentice

 

What are the incentives to private sector employers for providing employment to Persons with Disabilities?

The revised Scheme is effective 1st April 2016.

Payment of employers’ contribution towards EPFO & ESIC for the first 10 years is made by the Government of India.

No wage Limit.

 

But, first: Who qualifies as a Person with Disability?

Section 2 (t) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (also referred to as PwD Act, 1995) defines “Person with Disability” as a person suffering from not less than 40% of any disability as certified by a medical authority. The disability being (a) blindness (b) low vision (c) leprosy cured (d) hearing impairment (e) loco-motor disability (f) mental illness (g) mental retardation (h) autism (i) cerebral palsy or (j) a combination.

Differently-abled Persons with Disabilities can apply for government schemes here.

 

What will be borne by the Department of Persons with Disabilities?

One-third of gratuity amount due and admissible to Persons with Disabilities employees which is required to be paid by the employers under the applicable provisions of the Gratuity Act, shall be borne by the Department of Persons with Disabilities

In case a private employer engages Persons with Disabilities as apprentices in a particular trade and employ them on completion of the apprenticeship period, the stipend during the apprenticeship period payable to the persons with disabilities shall be borne by the Department of Persons with Disabilities

 

What is the procedure to obtain benefits for Persons with Disability?

The employers would submit a copy of the disability certificate issued to the disabled employee by the Competent Authority (EPFO & ESIC) first time when such benefit under EPF and ESI is claimed. The Government will directly provide employer’s contribution for the schemes covered under the EPFO & ESIC.

 

Please subscribe to the blog updates if you’d like to be notified of these posts. As always, your questions are welcome: please comment below with your doubts and queries.

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TAGS: ESI Persons with Disabilities PF

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