Category: Interplay of Labour Laws with other Laws
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FROM INTERNATIONAL LABOUR ORGANISATION TO WORLD TRADE ORGANISATION: A TRANSITION NECESSARY FOR CROSS BORDER MOVEMENT OF WORKERS
INTRODUCTION The COVID-19 pandemic has wreaked havoc on the entire humanity. Both rich and poor are facing the brunt of this pandemic. However, it is the poor who is severely affected. Both inter-state and inter-country migration of poor workers in search of work; has stopped. Although there are no or very minimal problems faced by…
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NON-COMPETE CLAUSES IN EMPLOYMENT CONTRACTS: EXAMINING THEIR ENFORCEABILITY AND SIGNIFICANCE IN INDIA
Introduction The 21st century has witnessed a significant increase in employee mobility across various sectors which in turn poses a major challenge for any organisation that thrives on innovation and cannot afford to disclose its trade secrets or any other type of high-value sensitive information. As a result, the inclusion of restrictive covenants like non-compete…
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WHETHER AN “ARBITRATOR” QUALIFIES AS AN APPROPRIATE AUTHORITY FOR AN INDUSTRIAL DISPUTE SETTLEMENT IN INDIA?
The implications of Section 10A and 11A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘Section 10A and 11A’ and IDA respectively) on the jurisdiction of an arbitrator have been a subject matter of eternal debate. The aforementioned contradictory provisions and the opinions of various Courts boil down to one pertinent question. Whether…
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THE OVERLAPPING JURISDICTION OF THE CONSUMER FORUM AND THE LABOUR COMMISSION AN ODE UNFINISHED
Umang Agarwal & Rakesh Kumar Sahu Introduction After constituting any judicial or quasi-judicial body, the very first essential is to set forth the jurisdiction of such body within the limits of which it can exercise the given authority. The jurisdictional difference between the National Consumer Disputes Redressal Commission (“NCDRC”) and Labour Commission exist in the…
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IMPACT OF SUSPENSION OF LABOUR LAWS IN UP IN IT INDUSTRY: CRITICAL OVERVIEW
Aayush Akar & Koustav Bhattacharya INTRODUCTION Labour laws are the laws which deal with the relationship that governs the workplace, in an environment influenced by both the employer and the employee. Labour laws deal with the disputes between the employer and employee, regarding various matters during the course of the job and also after the…
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THE UNADDRESSED PERILS OF WORK FROM HOME
Yashasvi Jain & Sameer Gupta In the absence of any immediate incentive, employers have not considered investing in pandemic preparation procedures in India. However, the Covid-19 crisis has made the employment industry consciously realize the long-term benefits of investing in pandemic preparation procedure. Specifically, technology in terms of infrastructure has become a sine-qua-nonfeature of pandemic…