Author: admin
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INDIAN LABOUR JURISPRUDENCE AND THE GORDIAN KNOT OF GRATUITY
~ Hriti Prekh, third year student from HNLU Raipur “At one time gratuity was treated as payment gratuitously made by the employer to his employees at his pleasure, but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can…
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THE SUPPLY CHAIN ACT OF GERMANY: A STEP IN THE RIGHT DIRECTION
– Aradhya Dixit, Third Year student at National Law University, Jodhpur BACKGROUND At any given time in 2016, an estimated 40.3 million people are in modern slavery, including 24.9 million in forced labour. Working conditions under the global capitalistic regimes are not conducive for the workers and profit-oriented corporations refuse to invest in human resources.…
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Does Customer Feedback affect the Gig Economy? – An Analysis
The ‘gig economy’ has been criticized for flouting labour regulations all around the world. The popularity of temporary and mobile occupations, as well as businesses that hire autonomous subcontractors and freelancers rather than full-time employees, define the gig economy. The outmoded framework of people employed full time, who very rarely switch professions and instead focus…
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WHETHER TURNING DOWN AN ALTERNATIVE JOB OFFER IS TANTAMOUNT TO ABANDONMENT OF SERVICE
INTRODUCTION Social security is a basic right that has gained immense importance in the last century. The legislations on social security ensure health protection and provide income security to the people. The Indian legislature has enacted various statutes for protecting the rights of the workers, the Industrial Relations Code being the most recent of them.…
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ई-श्रम पोर्टल के लिए पंजीकरण के निर्देश
ई-श्रम पोर्टल असंगठित श्रमिकों के राष्ट्रीय असंगठित कामगार डेटाबेस (NDUW) में पंजीकरण करने के लिए श्रम और रोजगार मंत्रालय, भारत सरकार द्वारा बनाया गया है। आप ई-श्रम पोर्टल के बारे में यहाँ और अधिक पढ़ सकते हैं । ई-श्रम पोर्टल के लिए पंजीकरण बहुत सरल है, और श्रमिक स्वयं श्रम और रोजगार मंत्रालय, भारत सरकार…
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Instructions for registering for the e-Shram Portal
Team CLL The e-shram Portal has been developed for registration of unorganized workers into the National Database for Unorganized Workers (NDUW). You can read more about the e-Shram Portal here. These same instructions in Hindi can be found here. Registration for the e-shram Portal is very simple, and workers may register on their own online,…
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‘Minor’ is entitled for a Compensation under the Employees Compensation Act, 1923 for an Accident happened during the course of employment
Tanishka Tomar & Devansh Malhotra INTRODUCTION In a decision titled “Mohammed Ali Abdul Samad Khan v. Dawood Mohd. Khati (FA No. 169 of 2014)[1]” Hon’ble Bombay High Court was confronted with an issue wherein, it was contended that the Insurance Company be absolved of its liability to pay compensation under the Employees Compensation Act, 1923…
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Can Workers Get Their Wages When Legal Proceedings Against Them Are Going On? Answered In North Delhi Municipal Corporation V. Bal Kishan
Tarushi Tewari Introduction In the case of North Delhi Municipal Corporation v. Bal Kishan, the Division bench of Justice Rajiv Shakdher and Justice Talwant Singh in Delhi High Court dealt with a matter regarding full payment of wages to a workers even when proceedings against them are going on. Background The concerned workman made a…
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STATUS OF GIG ECONOMY WORKERS: AN ANALYSIS OF US, UK AND INDIAN LAWS
by Syed Alwaz Asif, Second year law student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction Digital labour platforms are emerging as important sources of employment in the 21st century. These platforms have provided income generating opportunities to multiple sections of society. Along with the opportunities these platforms have provided, they have also given rise to…
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Burden of Person In Charge of Company – Proviso to Section 22(C) does not reverse onus of proof: Supreme Court
by Tisa Padhy INTRODUCTION In the recent judgement of Dayle De’souza v. Government of India through the Chief Labour Commissioner, the Hon’ble Supreme Court, held that the burden to prove innocence under the provisions of the Minimum Wages Act, 1948 can shift from the accused only under the circumstance that all the ingredients of Section…