Author: admin
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Heart Attacks within Employment and Claims under the Employee Compensation Act
Author: Vedant Choudhary is a student of law at Symbiosis Law School, Pune. The Employee Compensation Act is the principal statute for the compensation of employees for injuries arising out of employment. This article seeks to understand whether Myocardial Infarction, commonly known as “Heart Attack” falls within the scope of injury under the ECA, and…
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THE RIGHT TO VENT & VENTURING INTO LABOUR LAW
Author: Akash Nath is a fourth-year student of law at the West Bengal National University of Juridical Sciences. On August 8, 2023, the Madras High Court acknowledged employees’ “right to vent” as part of their collective bargaining rights, emphasizing freedom of speech within the digital realm. This case centred on an employee who was dismissed…
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SHATTERED RIGHTS: REFORMING LABOUR LAWS TO END MODERN SLAVERY AND EMPOWER MIGRANT WORKERS
Author: Surekha Naresh is a fourth-year B.A LL.B (Hons) student at Tamil Nadu National Law University. The article addresses the issues of migrant workers’ exploitation and modern day slavery in the advanced countries and the Middle East. It emphasises the factors that put migratory individuals at risk of unscrupulous practices such as the kafala sponsorship…
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Beyond the Boundaries: Rethinking sexual harassment law for platform workers
Authors: Mohit Chand and Khushi Sharma are studying law at National Law Univeristy Odisha. The rapid expansion of the gig economy has highlighted significant legal and ethical challenges, particularly in the realms of workplace safety and sexual harassment prevention. The POSH Act was enacted to safeguard women from sexual harassment in professional environments. However, its applicability…
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Balancing Flexibility and Protection: Re-evaluating the New Labour Codes for Global Alignment
Authors: Manav Pamnani is a third-year student at the NALSAR University of Law, Hyderabad; Teesha Arora is a fourth-year student at the Symbiosis Law School, Pune. This article explores the critical balance between flexibility and protection in India’s labour regulations, focusing on the impact of the 2020 labour codes, which consolidated twenty-nine central laws into…
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SWEPT ASIDE: THE JUDICIARY’S BLIND SPOTS IN CONTRACTUAL SANITATION WORKER ADVOCACY
Author: Sharada A Kalale is a fourth year student at National Law University Delhi. The article aims to critically analyse the challenges faced by contractual sanitation workers, particularly focusing on the judicial system’s shortcomings in addressing their rights and protections. It highlights the inadequacies and blind spots in judicial decisions and legal frameworks that fail…
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The Unsettled Status of Gig Workers in India: Towards a Comprehensive Legal Framework
Author: Harsheen Kaur Luthra is a third-year B.A.LL.B. (Hons) student at Rajiv Gandhi National University of Law, Punjab. India’s gig economy is rapidly expanding, with 7.7 million workers in 2020 projected to grow to 23.5 million by 2029-30. Despite this growth, gig workers face poor working conditions, income instability, and lack of social security benefits…
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Work-Life Balance as a Legal Right: The Case for Employee Disconnection in India
Author: Aman Anand is a second-year student in Rajiv Gandhi National University of Law, Punjab The blog argues for the implementation of the right to disconnect in India to address employee burnout and work-life balance issues. It highlights Australia’s recent bill to address the right to disconnect, comparing India’s existing labour laws with international practices,…
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Case Analysis: Dr. Balram Singh v. Union of India and Others (2023)
Author: Divya Agrawal is a 3rd Year Law Student (B.A. LL.B. (Hons.)) at Hidayatullah National Law University, Raipur. This article is a case analysis of Dr. Balram Singh v. Union of India and Others (2023) which relates to guidelines given by the honorable Supreme Court of India for eradication of the dehumanizing practice of manual scavenging. The…
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Reading Avon Services Forty-Five Years Down the Line: A Critical Analysis of the Referral Powers of the Government under Industrial Disputes Act
Authors: Sudhasri Yadavalli and Sakshi Kothari are graduates of Jindal Global Law School The Industrial Disputes Act, designed to protect workers’ rights and facilitate prompt resolution of labour conflicts, stands marred by the capricious provision of Section 10 of the Act. This situation is perhaps best evidenced in the case of M/s Avon Services Production…