Category: Labour & Employment Law Blog
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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.…
-
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…
-
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…