Category: Labour & Employment Law Blog
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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…
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NEW LABOUR REFORMS: JUSTIFYING THE RIGHTS OF LABOURS?
“By labour is meant the economic work of man, whether with hand or head” – Prof Marshall INTRODUCTION According to the Indian Constitution, “Labour” is included in the concurrent list, allowing both, the Centre and the states to establish and amend laws on the subject. The concept of labour law has always been a fluid…
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APPLICABILITY OF THE LIMITATION ACT ON INDUSTRIAL DISPUTES – A MATCH MADE BY THE COURTS OF JUSTICE?
INTRODUCTION Equity warrants that the law denies protection to litigants who silently acquiesce to the unlawful encroachment of their rights. However, in a conflict between unequals should such a doctrine of laches be strictly applicable, considering the stark power asymmetry? The Supreme Court (‘SC’) in the case of Assistant Engineer, Rajasthan State Agriculture Marketing Board,…
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TRADE UNION AND AMAZON: A COMMON CONUNDRUM BETWEEN UNION AND CORPORATE BODIES
Introduction The press, the public, and the labor movement expressed worry about Amazon’s frenzied work speed, irrational corporate culture, and appalling working conditions at the end of 2017. Since 2001, the continuing labor dispute between the United Services Union and the mail-order behemoth Amazon has been creating noticeable sparks all around the world. Recently, a…
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CONUNDRUM OF GOVERNMENT HOSPITALS UNDER INDUSTRIAL RELATIONS CODE, 2020: INDUSTRY OR NOT?
Introduction On 28th September 2020, four new labour law codes were introduced by the Central Government which dealt with the subject matter of industrial relations, social security, occupational health, safety and working conditions as well as wages of the employees. Under the Industrial Relations Code, 2020, (hereinafter, “IR Code”) three major legislations, i.e., Industrial Disputes…
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CAN THE NEW SOCIAL SECURITY CODE OF 2020 HELP SOLVE THE SWIGGY-ZOMATO LABOUR LAW CRISIS?
A recent tweet criticizing the popular food delivery app ‘Swiggy’, by describing how the company gets away with mistreating its delivery people has sparked outrage. This is not the first time that Swiggy and similar apps have come under fire for mistreating their employees, and if the existing legal frameworks are not altered, it will…