Category: Labour & Employment Law Blog

  • The Small Man in The Big Picture-Compensating Employees and Workers in M&A Transactions.

    The Small Man in The Big Picture-Compensating Employees and Workers in M&A Transactions.

    Author: Soumya Nayyar is a Final Year Law Student from Symbiosis Law School, Pune. The article analyses the worker’s right to compensation stemming from Section 25FF of the Industrial Disputes Act, 1947 in the case of Mergers and acquisitions. The article details the provisions of Section 25FF, analyses the right with reference to qualification for…

  • Transport Corporation of India vs. Employees’ State Insurance Corporation AIR 2000 SC 238

    Transport Corporation of India vs. Employees’ State Insurance Corporation AIR 2000 SC 238

    Author: Shagun Shrivastava is a 3rd-year student of B.A.LL.B (Hons) at Hidayatullah National Law University, Raipur. The article is a case analysis of Transport Corporation of India v. Employees State Insurance Corporation. It is important to understand the applicability of the act on a particular establishment and its regional offices. It also helps establish the…

  • UNDERSTANDING THE CONCEPT OF EMPLOYEES’ PROVIDENT FUND VIA JUDICIAL PRECEDENTS

    UNDERSTANDING THE CONCEPT OF EMPLOYEES’ PROVIDENT FUND VIA JUDICIAL PRECEDENTS

    Author: Dhriti Bole, fifth-year learner of BBA.LLB (Hons. in Business Law) from School of Law, Narsee Monjee Institute of Management Studies, Bengaluru. The article attempts to understand the present-day provisions with respect to the Employees’ Provident Fund from the Supreme Court Rulings of the recent past. It analyses how the Labour-oriented approach of the Court leads…

  • Empowered Workers: A Threat to the Fragile Fort of the Chinese Communist Party

    Empowered Workers: A Threat to the Fragile Fort of the Chinese Communist Party

    Author: Afrah Abdul Gafoor is a 3rd-year student from the National University of Advanced Legal Studies, Kochi.  This article delves into the arrests of prominent individuals associated with the now-defunct Hong Kong Confederation of Trade Unions (HKCTU) and their potential implications. It sheds light on the difficulties confronted by labor unions in both Hong Kong…

  • REVIEWING THE MINIMUM WAGE POLICY UNDER CODE ON WAGES, 2019: A POLICY ANALYSIS

    REVIEWING THE MINIMUM WAGE POLICY UNDER CODE ON WAGES, 2019: A POLICY ANALYSIS

    Author: Shaurya Shrestha Awasthi is a fourth-year student of the National University of Study and Research in Law, Ranchi. This article examines the significance of the minimum wage policy in enhancing the well-being of low-paid workers, reducing inequality, and combating poverty in India’s workforce. It discusses the limitations of the existing Minimum Wages Act, 1948,…

  • Comparative Models to Represent Labour Interests in Investment Treaty Practice

    Comparative Models to Represent Labour Interests in Investment Treaty Practice

    Author: Sarthak Wadhwa is a fifth year law student at the National Law School of India University. This piece seeks to navigate the conceptual tension between labour law and investment law by – first, examining India’s position on labour interests, as understood from her most recent Model Bilateral Investment Treaty (BIT) (2016); and, second, comparing these…

  • Moonlighting Policy: Navigating the Grey Area

    Moonlighting Policy: Navigating the Grey Area

    Authors: Zarana Samanta and Sharmishtha Zode are second-year law students at the Institute of Law, Nirma University, Ahmedabad.  Moonlighting Policy is an emerging term in the Indian context. This blog aims to discuss at Moonlighting Policy and the legal lacuna that exists in the Indian realm and hence the essential insights for the same can be…

  • TRADE UNIONS IN THE PLATFORM ECONOMY-FILLING GAPS IN THE TRADE UNION ACT, 1926

    TRADE UNIONS IN THE PLATFORM ECONOMY-FILLING GAPS IN THE TRADE UNION ACT, 1926

    Authors: Vedant Choudhary currently reads law at Symbiosis Law School, Pune and Piyush Gupta is a student at NLSIU, Bangalore. This article argues that with the advent/growth of the Gig Economy in India, it is required that the Trade Unions Act is amended accordingly to make space for Trade Unions in the Gig Economy. INTRODUCTION…

  • CRITICAL ANALYSIS OF SOCIAL PROTECTION OF PLATFORM WORKERS IN INDIA: OLD WINE IN NEW BOTTLE?

    CRITICAL ANALYSIS OF SOCIAL PROTECTION OF PLATFORM WORKERS IN INDIA: OLD WINE IN NEW BOTTLE?

    Author: Jahanvi Garg is an advocate, practicing at the Delhi High Court, and has completed Law in 2022 from Law Centre-1, Faculty of Law, University of Delhi. The present article illuminates the often-overlooked aspect of the gig economy with specific examples from Uber, that forms the gig workforce. The paper argues that app-based platforms employ…

  • Moonlighting: The Legal Dipole of Swiggy & Wipro

    Moonlighting: The Legal Dipole of Swiggy & Wipro

    Authors: Aditi Raj is currently a student at the National University of Study and Research in Law, Ranchi, India who intends to join her state’s judiciary, and therefore all her professional endeavours are towards understanding and bringing forth the rights of the people. Himanshu is a 4th-year student of B.A. LL.B. (Hons.) program at the National University…