Thursday, 7 April 2011

Recent Amendments in Workmen Compensation Act, 1923


Workmen's compensation Act has been amended on 9th January 2010and effective from 18.1.2010.
Given below are the synopsis of the changes.

(1) THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee"

(2) The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.

(3) The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.

(4) Definition of wages remains unaltered.

(5) For the purpose of claims settlement actual monthly wages have to be calculated without ceiling of Rs.4000/- which will lead to multifold increase in claim outgo. The maximum amount of claim compensation payable was Rs. 4.56 lakh in the case of death and Rs. 5.48 lakh in the case of permanent total disablement. *(Refer to table and calculation below).

With the ceiling of Rs.4000/- being removed, the claims outgo will increase.

(6) Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.

* Maximum claim outgo in case of death when ceiling of Rs.4000 was there is calculated as below:
50% of 4000* 228.54 (if age of employee was 16 years from table below) =  Rs.4.56 lakhs          

Tuesday, 5 April 2011

Difference between a Private Ltd. And Public Ltd. Company


Base
Private Ltd.
Public Ltd.
1. Minimum Paid-up Capital :
A company to be Incorporated as a Private Company must have a minimum paid-up capital of Rs. 1,00,000
A Public Company must have a minimum paid-up capital of Rs. 5,00,000
2. Minimum number of members :
Minimum number of members required to form a private company is 2
A Public Company requires atleast 7 members.

3. Maximum number of members :
Maximum number of members in a Private Company is restricted to 50
There is no restriction of maximum number of members in a Public Company.
4. Transerferability of shares :
There is complete restriction on the transferability of the shares of a Private Company through its Articles of Association
There is no restriction on the transferability of the shares of a Public company

5 .Issue of Prospectus :
A Private Company is prohibited from inviting the public for subscription of its shares, i.e. a Private Company cannot issue Prospectus
A Public Company is free to invite public for subscription i.e., a Public Company can issue a Prospectus.

6. Number of Directors :
A Private Company may have 2 directors to manage the affairs of the company
A Public Company must have atleast 3 directors.
7. Consent of the directors :
There is no need to give the consent by the directors of a Private Company
The Directors of a Public Company must have file with the Registrar a consent to act as Director of the company.
8. Qualification shares :
The Directors of a Private Company need not sign an undertaking to acquire the qualification shares
The Directors of a Public Company are required to sign an undertaking to acquire the qualification shares of the public Company
9. Commencement of Business :
A Private Company can commence its business immediately after its incorporation
A Public Company cannot start its business until a Certificate to commencement of business is issued to it.
10. Shares Warrants :
A Private Company cannot issue Share Warrants against its fully paid shares
A Public Company can issue Share Warrants against its fully paid up shares. 
11. Further issue of shares :
A Private Company need not offer the further issue of shares to its existing share holders
A Public Company has to offer the further issue of shares to its existing share holders as right shares. Further issue of shares can only be offer to the general public with the approval of the existing share holders in the general meeting of the share holders only.
12. Statutory meeting :
A Private Company has no obligation to call the Statutory Meeting of the member,
Public Company must call its statutory Meeting and file Statutory Report with the Register of Companies.
13. Quorum :
The quorum in the case of a Private Company is TWO members present personally
In the case of a Public Company FIVE members must be present personally to constitute quorum. However, the Articles of Association may provide and number of members more than the required under the Act.
14. Managerial remuneration :
These restrictions do not apply on a Private Company.

Total managerial remuneration in the case of a Public Company cannot exceed 11% of the net profits, and in case of inadequate profits a maximum of Rs. 87,500 can be paid
15. Special privileges:
A Private Company enjoys some special privileges
Are not available to a Public Company

Job Evaluation - What is it ?


Job Evaluation

Job evaluation is a practical technique, designed to enable trained and experienced staff to judge the size of one job relative to others. It does not directly determine pay levels, but will establish the basis for an internal ranking of jobs.

The two most common methods of job evaluation that have been used are first, whole job ranking, where jobs are taken as a whole and ranked against each other. The second method is one of awarding points for various aspects of the job. In the points system various aspects or parts of the job such as education and experience required to perform the job are assessed and a points value awarded - the higher the educational requirements of the job the higher the points scored. The most well known points scheme was introduced by Hay management consultants in 1951. This scheme evaluates job responsibilities in the light of three major factors - know how, problem solving and accountability.

Some Principles of Job Evaluation

  • Clearly defined and identifiable jobs must exist. These jobs will be accurately described in an agreed job description.
  • All jobs in an organisation will be evaluated using an agreed job evaluation scheme.
  • Job evaluators will need to gain a thorough understanding of the job
  • Job evaluation is concerned with jobs, not people. It is not the person that is being evaluated.
  • The job is assessed as if it were being carried out in a fully competent and acceptable manner.
  • Job evaluation is based on judgement and is not scientific. However if applied correctly it can enable objective judgements to be made.
  • It is possible to make a judgement about a job's contribution relative to other jobs in an organisation.
  • The real test of the evaluation results is their acceptability to all participants.
  • Job evaluation can aid organisational problem solving as it highlights duplication of tasks and gaps between jobs and functions. 

Performance Improvement Strategies Used by Top Organizations


            Just a few years ago, an organization's competitive advantage was measured in terms of physical capital. Today, organizations with the best talent, ability to access information, and ongoing performance improvement programs have the best opportunity for success. This has given interest in measuring performance improvement instead of training. For example, British Petroleum (BP), a major international integrated oil company, used performance improvement to increase profits by $30 million per oil well. In the past, drilling workers would solve problems using trial and error. When workers discovered a new process that improved efficiency, it was never shared beyond the single drilling platform team. What BP did was to take all the tacit knowledge found among the different drilling teams and create a culture of shared knowledge and performance improvement measurements.

Demand for performance improvement is increasing exponentially and many organizations are now renaming their training department and holding trainers responsible for performance improvement results. Below are best practices in getting higher productivity for the training dollars.

Performance Improvement Strategies Used by Top Organizations:

1. Align skill development with organizational objectives.


When implementing new training, communicate with all employees informing them of the opportunity that it presents to broaden skill sets. When Jack Welch was CEO of GE, he wanted to implement Six Sigma training. He provided stock options to employees that attended Six Sigma training and met other organizational improvement goals. Results achieved included the design of a new CT scanner that reduced chest scans from three minutes to 17 seconds, airraft engine delivery reduced from 80 to 5 days. Performance improvement even improved HR's hiring time. Helping employees develop new skills does result in organizational improvements.

2.   Beware of the "Can't see the trees for the forest training syndrome."

Trainers often get on a treadmill doing repetitive training such as new employee orientation. Orientation is important, however, measurable, new performance results are also needed for a competitive advantage. Survey supervisors/managers on what new training efforts might produce increased performance or contribute to new organizational goals.

3. Extend accessibility and training reach with e-Learning.

As the downturn bites, e-learning has a vital role to play in rapidly re-skilling people and organizations for the tougher times ahead. An added bonus to being faster, e-learning costs per head are 88% lower than traditional classroom training once implemented. According to KPMG Consulting, IBM saved $200M per year by moving 70% of its courses online. The Department of Education indicates that 84 percent of U.S. colleges and universities now offer on-line learning opportunities to provide wider learning opportunities in a cost effective manner. Trainers might consider developing and presenting a business case to use the Internet to push and implement e-learning. Advantages include cost savings of training documents, consistency in content/delivery, ability to change/update curriculum instantly, broader access to corporate experts and authorities, opportunity to reach numerous geographical locations without incurring the costs of travel and loss of productivity due to travel.

4. Employee suggestions better lever corporate knowledge.

Top organizations improve performance from a strong employee suggestion program. General Ideas Inc., now develops software that merges an organization's email system into a more efficient and effective way for an organization to manage employee suggestions, costs savings, corporate information and data. Supervisors and managers must be encouraged and held accountable to stimulate a culture of employee sharing, suggestion submission and feedback.

5. Recruiters and trainers are business partners in employee selection, training and outplacement.

This minimizes recruiter/trainer burnout and allows each to develop new skill sets. Partnering allows trainers and recruiters to anticipate numbers and needed new skills. During recent downsizings, some organizations have used their own recruiters, trainers and software technology to help downsized employees find new career opportunities reducing outplacement costs and harvesting good will with exiting employees who don't feel kicked out of the nest.

6. Mentoring and coaching is a catalyst to performance improvement.

Everyone has a blind spot. Internal coaching programs, assessments and mentoring programs assist employees into reaching higher levels of productivity. Supreme Court Justice Douglas is noted for saying, "90% of all decisions are emotional and that creates most all problems." Think about that! The crimes committed such as theft, rape, hit and run are emotionally driven. This same decision-making process often occurs in organizations. Yet this is where most individuals have the least amount of training. "A decision is the action an executive must take when he has information so incomplete that the answer does not suggest itself." Training supervisors and managers in emotional intelligence, mentoring/coaching/networking strategies can lead to higher productivity and less problems.

Conclusion:

The bottom line is that performance improvement and intellectual capital is fast becoming prime drivers of organizational success. Research reflects that US companies spent 25% of their training money on outside companies, however, approximately 60% of change strategies are quickly abandoned if not taught, measured and reinforced by ongoing internal performance improvement
departments.

What are the types of Fringe Benefits


Organizations provide a variety of fringe benefits. The fringe benefits are classified under four heads as given here under:

1.For Employment Security : Benefits under this head include unemployment, insurance, technological adjustment pay, leave travel pay, overtime pay, level for negotiation, leave for maternity, leave for grievances, holidays, cost of living bonus, call-back pay, lay-off, retiring rooms, jobs to the sons/daughters of the employees and the like.

2.For Health Protection: Benefits under this head include accident insurance, disability insurance, health insurance, hospitalization, life insurance, medical care, sick benefits, sick leave, etc.

3.For Old Age and Retirement: Benefits under this category include: deferred income plans, pension, gratuity, provident fund, old age assistance, old age counseling , medical benefits for retired employees, traveling concession to retired employees, jobs to sons/daughters of the deceased employee and the like.

4.For Personnel Identification, Participation and Stimulation: This category covers the following benefits: anniversary awards, attendance bonus, canteen, cooperative credit societies, educational facilities, beauty parlor services, housing, income tax aid, counseling, quality bonus, recreational programs, stress counseling, safety measures etc.


What are the needs for Extending Benefits to Employees


  1. Rising prices and cost of living has brought about incessant demand for provision of extra benefit to the employees.
  2. Employers too have found that fringe benefits present attractive areas of negotiation when large wage and salary increases are not feasible.
  3. As organizations have developed ore elaborate fringe benefits programs for their employees, greater pressure has been placed upon competing organizations to match these benefits in order to attract and keep employees.
  4. Recognition that fringe benefits are non-taxable rewards has been major stimulus to their expansion.
  5. Rapid industrialization, increasingly heavy urbanization and the growth of a capitalistic economy have made it difficult for most employees to protect themselves against the adverse impact of these developments. Since it was workers who are responsible for production, it was held that employers should accept responsibility for meeting some of the needs of their employees. As a result, some benefits-and-services programs were adopted by employers
  6. The growing volume of labor legislation, particularly social security legislation, made it imperative for employers to share equally with their employees the cost of old age, survivor and disability benefits.
  7. The growth and strength of trade unions has substantially influenced the growth of company benefits and services.
  8. Labor scarcity and competition for qualified personnel has led to the initiation, evolution and implementation of a number of compensation plans.
  9. The management has increasingly realized its responsibility towards its employees and has come to the conclusion that the benefits of increase in productivity resulting from increasing industrialization should go, at least partly, to the employees who are responsible for it, so that they may be protected against the insecurity arising from unemployment, sickness, injury and old age. Company benefits-and-services programs are among some of the mechanisms which managers use to supply this security.

How to apply for Permanent Account Number


Permanent Account Number is a number by which the Assessing Officer can identify any person. Presently the Income Tax Department is allotting PAN under the New Series to all assessees which consists of ten alphanumeric character and is issued in the form of a laminated card. The PAN is ultimately meant to supplant the General Index Register Number which is currently in use. The General Index Register Number is a number given an Assessing Officer to the assessees in the General Index Register maintained by him which also contains the designation and the particulars of the Assessing Officer. As per section 139A of the Act obtaining PAN is a must for the following persons:-

1. Any person whose total income or the total income of any other person in respect of which he is assessable under the Act exceeds the maximum amount which is not chargeable to tax.

2. Any person who is carry on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed Rs. 5 lacs in any previous year.

3. Any person who is required to furnish a return of income under section 139(4) of the Act.
  • The requirement for applying for allotment of PAN under the New Series has now been extended to the whole of India.
  • PAN is required to be quoted in all the transactions mentioned below:-
    • In all returns and in all correspondence with the department.
    • In all challans for payment of any tax or sum due to the department.
    • In certain notified transaction. (see the sub module on notified transactions where PAN has to be quoted)

How to apply for PAN

Application for allotment of PAN is to be made in Form 49A.
Following points must be noted while filling the above form:-
  • Application from must be typewritten or handwritten in black ink in BLOCK LETTERS.
  • Two black & white photographs are to be annexed.
  • While selecting the "Address for Communication", due care should be exercised as all communications thereafter would be sent ate indicated address.
  • In the space given for " Father's Name" , only the father's name should be given. Married ladies may note that husband's name is not required and should not be given.
  • Due care should be exercised to fill the correct date of birth. The form should be signed in English or any of the Indian Languages in the 2 specified places. In case of thumb impressions attestation by a Gazetted Officer is necessary.

Tips for filling form 49A

The form should be filled in carefully and completely since it may not be possible for the Department to allot PAN if all the details are not filled in. In any case the following information must necessarily be given:-

In the case of companies, the information that is necessarily required is as under:
  • Date of Incorporation
  • Registration Number.
  • Date of commencement of the business
  • Full and complete names of atleast two directors of the company
  • Branch addresses and branch names of the company.
Unless the form no.49A contains all the above informations it would not be possible to allot the PAN to a company assessee.

In the case of individuals, the information that is necessarily required is as under:
  • Full and complete name of the assessee
  • Full and complete name of his/her Father.
  • Date of birth
  • Sources of income
Unless the form no.49A contains all the above information's it would not be possible to allot the PAN to an individual assessee.

Usefulness of Permanent Account Number
  • If PAN is quoted in all documents, it would be very convenient to locate the assessing officer holding jurisdiction over the person concerned.
  • If PAN is quoted in all challans, the credit for payment of taxes can be quickly granted to the taxpayer.
  • If PAN is quoted in all specified transactions, the Department can excercise greater control over unregulated and undisclosed transactions.

Quoting of Permanent Account Number be quoted
[Provisions of Section 139A(5)]

Every person shall quote his permanent account number or General Index Register Number in all documents pertaining to the transactions specified below :-
  1. Sale or purchase of any immovable property valued at Rupees five lakh or more.
  2. Sale or purchase of a motor vehicle or vehicles, which requires registration by a registering authority.
  3. A time deposit, exceeding fifty thousand rupees, with a banking company to which the Banking Regulation Act, 1949 applies (including any bank or banking institution referred to in section 51 of that Act)
  4. A deposit, exceeding fifty thousand rupees, in any account with Post Office Saving Bank
  5. A contract of a value exceeding ten lakh rupees, for sale or purchase of securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956)
  6. Opening an account with a banking company to which the Banking Regulation Act, 1949 applies (including any bank or banking institution referred to in section 51 of that Act,)
  7. Making an application for installation of a telephone connection (including a cellular telephone connection)
  8. Payment to hotels and restaurants against their bills for an amount exceeding twenty five thousand rupees at any one time.
  • A person shall quote General Index Register Number in the documents pertaining to transactions specified in above clauses (a) to (h) till such time the permanent account number is allotted to him;
  • A person, being a minor and who does not have any income chargeable to income tax, making an application for opening an account referred to in the clause (f) of this rule, shall quote the permanent account number or General Index Register Number of his father or mother or guardian, as the case may be.
  • Any person, who has not been allotted a permanent account number or who does not have a General Index Register Number and who makes payment in cash or otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft in respect of any transaction specified in clauses (a) to (h) , shall have to make a declaration in Form No. 60 giving therein the particulars of such transaction.

In simple terms :

IT IS MANDATORY TO QUOTE PAN in
  • application for opening an account with a bank
  • application for installation of a telephone connection (including a cellular telephone)
  • documents pertaining to sale or purchase of a motor vehicle
  • documents pertaining to sale or purchase of immovable property valued at Rs. 5 lakh or more
  • documents pertaining to deposits exceeding Rs. 50,000 in any account with a Post Office Savings Bank
  • documents pertaining to a contract of a value exceeding Rs. 10 lakhs for sale or purchase of securities (Shares, Debentures etc.)
  • payment to hotels & restaurants against their bills for an amount exceeding Rs. 25,000 at any one time
  • Returns of income
  • Challans for payment of direct taxes
  • All correspondence with Income-Tax Department

Persons to whom provisions of section 139A shall not apply

The provisions of section 139A shall not apply to following class or classes of persons, namely:-
  1. The persons who have agricultural income and are not in receipt of any other income chargeable to income-tax. Such persons shall instead be required to make a declaration in Form No. 61 in respect of transactions referred to in clauses (a) to (h) of rule 114B of Income Tax Rules.
  2. Non-residents referred to in clause (30) of section 2 of Income tax Act, 1961
  3. A non resident, who enters into any transaction referred to in clauses (a) to (h) of rule 114B, shall have to furnish a copy of his passport.