Category: Labour & Employment Law Blog
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ANALYSIS OF EPF LAWS IN INDIA
~ Ashish Kumar a 4th year Student of BA LLB (Hons) at NMIMS School of Law, Bangalore, Co-Author- Urja Joshi a 4th year Student of BBA LLB (Hons) at NMIMS School of Law, Bangalore. The article is an analysis of Employee Provident Fund Laws and its applicability to the employees. The authors have also discussed the compliances and due…
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INDIAN LABOUR JURISPRUDENCE AND THE GORDIAN KNOT OF GRATUITY
~ Hriti Prekh, third year student from HNLU Raipur “At one time gratuity was treated as payment gratuitously made by the employer to his employees at his pleasure, but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can…
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THE SUPPLY CHAIN ACT OF GERMANY: A STEP IN THE RIGHT DIRECTION
– Aradhya Dixit, Third Year student at National Law University, Jodhpur BACKGROUND At any given time in 2016, an estimated 40.3 million people are in modern slavery, including 24.9 million in forced labour. Working conditions under the global capitalistic regimes are not conducive for the workers and profit-oriented corporations refuse to invest in human resources.…
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A CRITIQUE OF ACCESS TO JUSTICE IN INDIAN LABOUR DISPUTES
~ Abhijay Srekanth, Fifth Year BALLB student at OP Jindal Global University Introduction The Constitution of India guarantees social, economic and political justice to all citizens of India and our colonial legacy at all times serves as a constant reminder for the need for vigilant reaffirmation of this constitutional guarantee, from outside and within India’s…
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Does Customer Feedback affect the Gig Economy? – An Analysis
The ‘gig economy’ has been criticized for flouting labour regulations all around the world. The popularity of temporary and mobile occupations, as well as businesses that hire autonomous subcontractors and freelancers rather than full-time employees, define the gig economy. The outmoded framework of people employed full time, who very rarely switch professions and instead focus…
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WHETHER TURNING DOWN AN ALTERNATIVE JOB OFFER IS TANTAMOUNT TO ABANDONMENT OF SERVICE
INTRODUCTION Social security is a basic right that has gained immense importance in the last century. The legislations on social security ensure health protection and provide income security to the people. The Indian legislature has enacted various statutes for protecting the rights of the workers, the Industrial Relations Code being the most recent of them.…
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GIG WORKERS V. PLATFORM-BASED-COMPANIES : ARE NEGOTIATING COUNCILS/UNIONS A SOLUTION?
by Ishaan Mundeja, a 3rd year student at Symbiosis Law School Introduction Platform businesses have attracted popularity and grown over the years and this growth has been accompanied by several protests especially by those who are engaged with these platforms in ensuring delivery. In India, there have been protests by delivery personnel over remuneration and…
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REVISITING RIGHT TO STRIKE UNDER LABOR LAW
Introduction Under Section 62, 63 and 64 of the Industrial Relations (“IR”) Code[i] the procedure for strikes has been enumerated. The statute requires intimation via notice- 14 days before the strike and also prohibits strikes during the seven days of the conciliation proceeding or sixty days after proceedings have been conducted before a tribunal. The…
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LIONEL MESSI’S BID TO BARCELONA: LABOUR LAW PERSPECTIVE
by Shruti Maheshwari and Trisha Mishra, fourth year students at National Law University, Jodhpur 1. Introduction People often argue that why do these superstar players need the shelter of employment laws/rules protecting their economic interest when they are highly influential to suffer any exploitation. For instance, a simple gesture of promoting a healthy lifestyle such as drinking…
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THE MANDATORY FASTAGS SYSTEM: MACHINES V. WORKERS
“Creating better humans will always be more important than creating smarter machines”. -Garry Kasparov Introduction The Ministry of Road Transport and Highways made FASTag mandatory for certain categories of vehicles from February 2021 in order to turn the highway toll collection system into a fully automated system. FASTag is a system wherein a tag will…