Category: Labour & Employment Law Blog
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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…
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CEMENTING DISPARITIES: GENDER BASED PAY GAPS IN THE CONSTRUCTION INDUSTRY & INDIAN LEGISLATIONS: A HUM(UN) PERSPECTIVE
Author: Ananya Arun is a fourth year student at the National University of Advanced Legal Studies, Kochi. This article delves into gender-based pay disparities rooted in India’s construction industry. Women in construction earn glaringly 30-40% less than men and often perform unpaid work. The piece examines the inadequacy of Indian legislation in addressing this issue,…
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NEW LABOUR CODE FOR NEW INDIA: THE TRADE-OFF BETWEEN EASE OF DOING BUSINESS ANDLABOUR RIGHTS
Authors: Anoushka Das and Madhav Talwar are students of Symbiosis Law School, Pune The article delves into the Central Government’s efforts to consolidate 29 labour laws into four comprehensivesteamlined ‘Labour Codes’ as an initiative towards boosting economic growth,removing redundancies and promoting ease of doing business. However, these labour codes may have an adverse impact on workers’…
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The Judiciary’s Duty to Enforce Labour Legislation in line with its intended objectives – An Analysis of ‘Roshan Deen v. Preeti Lal’
Author: Aditya Hiremath is a third-year student at Hidayatullah National Law University, Raipur with a keen interest in securities and commercial law. The object of labour legislation is, above all, to further the cause for social justice – in line with the constitutional ethos of India. The case of Roshan Deen presents a peculiar and undesirable…
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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…