Category: Labour & Employment Law Blog
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THE HAWKER’S CRY: “NAVIGATING INDIA’S HAWKING AND STREET VENDING CRISIS”
Author: Vrinda Chaturvedi is a third-year student at Hidayatullah National Law University, Raipur. The article provides a comprehensive review of the challenges faced by hawkers in their fight for recognition and protection of their rights. It also traces the development of jurisprudence around Hawkers’ and Vendors’ Rights and provides a concerted analysis of judgements that…
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Moonlighting in the Indian Paradigm: Addressing the Dual Employment Conundrum
Author: Yash Arjariya is an undergraduate law student at Hidayatullah National Law University. In this piece, the author analyses the legality of dual employment or moonlighting in the Indian paradigm. Since India does not have an employment law but employer-employee relations are governed by contracts of service between parties, the article deciphers the issue from…
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WHETHER MATERNITY BENEFITS UNDER LABOUR LAW SHOULD EXTEND TO SURROGATE MOTHERS
Author: Mishika is a BBA LLB (Hons.) student at Symbiosis Law School, Pune. This article scrutinises the recently introduced Surrogacy (Regulation) Act, 2021 vis-a-vis Labour Laws in India. Introduction Historically, women were discriminated against and discouraged from joining the working sector and a natural incidence of the same is the lack of labour laws specifically designed for women. In…
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IT WORKERS AND INDIAN LABOUR LAWS: AN ANALYSIS IN TIMES OF MASS LAYOFFS
Author: Neha Raj is pursuing BBA LLB (Hons.) from Amity University Chattisgarh an experienced and competent law student who is extremely enthusiastic about exploring the practical world of Law, and would welcome the opportunity to contribute to your ongoing success. The past few months have been particularly tough for tech employees, not just in India. The…
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DISPUTE RESOLUTION IN IR CODE AND ID ACT – ANALYSIS OF DIFFERENCES AND THEIR IMPACT
Authors: Harshima Vijaivergia and Priyanshi Singh are third-year law students at University of Petroleum and Energy Studies, Dehradun. They are interested in research work and have co-authored multiple research papers together. By simplifying the dispute settlement process, the new Industrial Relations Code 2020 (IRC) aims to do away with these complications. This article attempts to…
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Should the Exception of Sovereign Functions in the Definition of Industry Be Done Away With?
Author: Shreya Khandelwal is a Fourth Year Student at The West Bengal National University of Juridical Sciences, Kolkata. The article tries to uncover the true meaning of sovereign function exception to the definition of “industry” which has been created and supported through a number of judicial precedents. The confusion about the correct position still persists due…
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Case comment on D.N Banerjee v P.R Mukherjee and Ors (1953)
Author: Anushka Gurnani, a third year student pursuing BBA LLB( Hons) at School of Law, CHRIST( Deemed to be University), Bengaluru. This article analyses the landmark case of D.N Banerjee v P.R Mukherjee & Ors, wherein the court dealt with the issue of whether the Industrial Disputes Act of 1947 would be applicable to a…
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EMPLOYMENT RIGHTS CONCERNING POLICE FORCES
Author: Ali Asghar & Karanveer Singh Khaira, 1st Year Students at National Law Institute University, Bhopal. The authors talked about the employment rights of the police forces in India and how the basic rights of the police forces are infringed by imposing unreasonable restrictions on them under the garb of Article 33 of the Constitution taking…
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Family Leave: A Step towards Progressive Parental Norms
Author: Karan Vakil is a Newly graduated 6th generation lawyer practicing in Mumbai. The Article argues that while increased maternity leave is a step in the right direction, Family leave is the ideal that our legislature and society must aim to reach for a truly inclusive outlook to childcare and family values. Introduction Maternity leave…
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Right to Disconnect Bill, 2018 – a Contemporary Analysis of Employee Rights in India
Author: Radhika Bhatti is a 5th-year student at National Law University, Jodhpur pursuing her B.A. LL.B. (Business Law Hons.), Co-Author: Sonal Lalwani is a 5th-year student at National Law University, Jodhpur pursuing her B.A. LL.B. (Intellectual Property Rights Hons.). The present article primarily interprets the Right to Disconnect Bill, 2018 along with providing a comparative…