Category: Labour & Employment Law Blog
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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…
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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…
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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…
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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…
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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,…
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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…
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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…