Month: September 2021
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TRADE UNION AND AMAZON: A COMMON CONUNDRUM BETWEEN UNION AND CORPORATE BODIES
Introduction The press, the public, and the labor movement expressed worry about Amazon’s frenzied work speed, irrational corporate culture, and appalling working conditions at the end of 2017. Since 2001, the continuing labor dispute between the United Services Union and the mail-order behemoth Amazon has been creating noticeable sparks all around the world. Recently, a…
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Rajasthan Rajya Vidyut Prasaran Nigam Limited v. Anil Kanwariya
Tisa Padhy Introduction In the recent Rajasthan Rajya Vidyut Prasaran Nigam Limited vs. Anil Kanwari judgement of the Hon’ble Supreme Court, it was held that an employee who had made false declarations or suppressed vital personal information affecting the job profile is not entitled to continue in service by taking the plea of it being…
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CONUNDRUM OF GOVERNMENT HOSPITALS UNDER INDUSTRIAL RELATIONS CODE, 2020: INDUSTRY OR NOT?
Introduction On 28th September 2020, four new labour law codes were introduced by the Central Government which dealt with the subject matter of industrial relations, social security, occupational health, safety and working conditions as well as wages of the employees. Under the Industrial Relations Code, 2020, (hereinafter, “IR Code”) three major legislations, i.e., Industrial Disputes…
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CAN THE NEW SOCIAL SECURITY CODE OF 2020 HELP SOLVE THE SWIGGY-ZOMATO LABOUR LAW CRISIS?
A recent tweet criticizing the popular food delivery app ‘Swiggy’, by describing how the company gets away with mistreating its delivery people has sparked outrage. This is not the first time that Swiggy and similar apps have come under fire for mistreating their employees, and if the existing legal frameworks are not altered, it will…
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ROLE OF THE SUPREME COURT IN ENFORCEMENT OF PROGRESSIVE LABOUR LAWS IN INDIA
Over the years, the Supreme Court (“SC”) has played a pivotal role in the enforcement of labour laws in India, achieving industrial harmony and stimulating cooperation between employers and employees. There have been numerous instances wherein judicial activism, in light of glaring legislative inadequacies, has ensured the enforcement of labour laws in India. Some of…
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Can an employee be estopped from challenging the terms of employment if it violates the statutory requirements? : Read what the SC has ruled regarding this
Srijan Mishra and Ronak Lodha A division bench of the Apex Court headed by Justice Ajay Rastogi has held that the employees are not estopped from challenging the terms and conditions of employment if it violates the statutory requirement. This was held in the Somesh Thapliyal Vs. Vice Chancellor, H.N.B. Garhwal University case wherein the…
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FINALITY VIS-À-VIS MODIFICATION: AN ANALYSIS OF CONCLUSIVE NATURE OF THE APPELLATE AUTHORITY’S ORDERS
Standing Order is the model code of conduct of an organization applicable only to those organizations employing more than 300 or more employees presently or had employed in the preceding 12 months as elucidated under Section (§) 28 of the Industrial Relations Code 2020 (IRC/the Code). Initially, it was dealt with by the Standing Orders Act (the…
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Gujarat Labour and Employment Department makes amendment in Labour Welfare Fund (Gujarat) Rules, 1962.
Sohair Shamim Wani The amendment in the Labour Welfare Fund brought in force on 11th August, 2021 by the Labour and Employment Department of Gujarat omitted the Rule 3AA sub-clause 1(a) that states that “Every employer of an establishment shall maintain and preserve for a period of ten years – a register of wages in…
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THE PLATFORM ECONOMY FROM AN INTERNATIONAL LENS: THE LEGAL INTEGRATION OF GIG-WORK IN INDIA
The insecurities that come along with the sharing economy is feared to “jeopardize welfare” in countries like Canada and The United States, where social security systems and worker protection measures like health coverage and “insurance against injuries” are limited to “stable employment contracts”. The gig economy has monumentally grown as a flexible employment alternative, especially…