Are Layoffs without advanced notice permissible under the law?

Posted on January 28, 2016April 22, 2016 by Team asklabour

As per employment law in India, an employer has the right to layoff, this right is subject to certain regulation by the law. Chapter V-B of the Industrial Disputes Act prohibits lay off in case of industrial establishments employing 100 or more workers without prior permission of the appropriate government or authority constituted by the appropriate government for such permission, thus no worker in such an establishment may be laid off without the prior permission…

Under Indian employment laws, is an employer bound to pay wages on public holidays falling during a strike?

Posted on January 28, 2016January 28, 2016 by Team asklabour

This is a difficult question to answer, as each State Government has separate laws as to paid holidays. For E.g. in Karnataka, there is an Industrial Act, Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 which provides for mandatory paid holidays by the establishments in Karnataka. As per Indian employment law, the issue of whether the employer is bound to pay wages for paid holidays during the period of strike depends upon various factors…

Industrial Relations in India – A Story of Blood and Violence?

Posted on January 28, 2016 by Team asklabour

Of late, incidents of industrial violence have been on the rise. In the 1980s, industrial violence and collapsing industrial labour relations in India was a part of everyday life. A Personnel Manager those days would mention in his Resume that he was assaulted / stabbed in his list of qualifications while seeking a job. Over time, with liberalization and professionalization of trade unions, as well as with the introduction and widespread adoption of the Contract…

A judicial caution for Aggregator based E-commerce business like; UBER!!!

Posted on January 28, 2016 by Team asklabour

A ruling, if upheld through appellate judicial scrutiny can change the structure of modern-day technology driven enterprises. On 3rd June, 2015 the California labour commissioner’s office held that a driver for the ride-hailing service Uber should be classified as an employee, not an independent contractor. The ruling ordered Uber to reimburse Barbara Ann Berwick $4,152.20 in expenses and other costs for the roughly eight weeks she worked as an Uber driver last year. While Uber…

Employee Insurance Courts (EIC) under the Employee State Insurance Act (ESAI)

Posted on January 28, 2016July 13, 2021 by Team asklabour

As per S.75(1)(g) EIC is empowered to decide matters which are in dispute between the employer and employee or the employer and Employees State Insurance Corporation, set up under this Act. The nature of the disputes which come under S.75 would be related to contribution, benefits, dues, remuneration etc. which are payable and or recoverable under the Act. OR any other matter required to be decided by EIC under the provisions of the Act. The…

Haryana Government Proposes Self-Certification Scheme For Factories

Posted on January 28, 2016 by Team asklabour

Haryana government proposes an optional self-certification scheme for the welfare of the workers and employers/entrepreneurs. The draft scheme has been released in the public domain for comments and suggestions on 2nd January 2015. Highlights of the scheme: The primary aim is to limit excessive visits of government officials for inspection( for those who have opted for the scheme,) Factories or establishments opting for the scheme would be subject to random inspection to check if they…

Rajya Sabha Passes Payment Of Bonus (Amendment) Bill, 2015

Posted on January 28, 2016July 13, 2021 by Team asklabour

24th December 2015 The Payment of Bonus (Amendment) Bill, 2015 has been passed by both the Houses in the Winter Session 2015. It shall now proceed for the Presidential sanction after which, the Payment of Bonus Act will stand amended. The Payment Of Bonus (Amendment) Bill, 2015 was introduced by Labour Minister Bandaru Dattatreya in the Lok Sabha on 07.12.15 and was passed on 22.12.15. Rajya Sabha passed it on 23.12.15. Salient Features Employees eligible…

Women Allowed To Work In Night Shifts In State of Maharashtra

Posted on January 28, 2016August 12, 2016 by Team asklabour

On 1st December, 2015, President Pranab Mukherjee approved the Factories Amendment Bill, 2015 of Maharashtra which among other things, amends section 66 (1)(b) of the Factories Act, 1948, now allowing women to work night shifts from 7pm to 6am in factories in Maharashtra. Given the rise of educated women ready to join the workforce, there was a need to create employment opportunities for them and tap into this talent pool. The current position of the…

Sexual Harassment Law, detailed Analysis

Posted on January 28, 2016July 27, 2016 by Team asklabour

1. INTRODUCTION ‘A’ worked for a reputed consultancy firm in Mumbai. After her failure to reveal conflict of interest due to her husband’s similar consultancy firm and further refusal to repay the loan she took from the employers, she was asked to resign. Instead, the lady filed a sexual harassment case against her employer and his wife. ‘C’ worked as a bank manager for a reputed bank in Mumbai. ‘B’ comes to him asking him…

Employers CANNOT Retain Original Certificates Of Employees

Posted on January 28, 2016August 12, 2016 by Team asklabour

Employers, so as to prevent employees from quitting without prior notice, sometimes retain original certificates/documents of the employees and make similar mandatory clauses in appointment agreements. The certificates are not handed over to the employees for long, even after completion of their notice period. First of all, employers have no right to retain original certificates even as security against notice or notice pay. If an employer refuses to return original certificates, the employee has the…

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