Category: Labour & Employment Law Blog
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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…
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ROLE OF THE SUPREME COURT IN ENFORCEMENT OF PROGRESSIVE LABOUR LAWS IN INDIA
Over the years, the Supreme Court (“SC”) has played a pivotal role in the enforcement of labour laws in India, achieving industrial harmony and stimulating cooperation between employers and employees. There have been numerous instances wherein judicial activism, in light of glaring legislative inadequacies, has ensured the enforcement of labour laws in India. Some of…
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FINALITY VIS-À-VIS MODIFICATION: AN ANALYSIS OF CONCLUSIVE NATURE OF THE APPELLATE AUTHORITY’S ORDERS
Standing Order is the model code of conduct of an organization applicable only to those organizations employing more than 300 or more employees presently or had employed in the preceding 12 months as elucidated under Section (§) 28 of the Industrial Relations Code 2020 (IRC/the Code). Initially, it was dealt with by the Standing Orders Act (the…
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THE PLATFORM ECONOMY FROM AN INTERNATIONAL LENS: THE LEGAL INTEGRATION OF GIG-WORK IN INDIA
The insecurities that come along with the sharing economy is feared to “jeopardize welfare” in countries like Canada and The United States, where social security systems and worker protection measures like health coverage and “insurance against injuries” are limited to “stable employment contracts”. The gig economy has monumentally grown as a flexible employment alternative, especially…
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RELIGIOUS INSTITUTIONS THROUGH THE CURRENT OUTLOOK OF THE INDUSTRIAL RELATIONS CODE, 2020
PREMISE The Government of India adopted the new Industrial Relations Code, 2020 (hereinafter in short as “IRC”) on September 28th, 2020, in order to modernise the country’s existing labour and employment legislation. The IRC annuls three key labour acts namely: the Industrial Disputes Act, 1947 (hereinafter in short as “ID Act”), Trade Unions Act, 1926,…
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AMELIORATION OF TRANSGENDER PERSONS IN THE INDIAN LABOUR MARKET: A SEA OF NON-INCLUSIVE PROVISIONS
INTRODUCTION The world community is responsible for the long overdue in how we view transgender persons. Gender, for the longest time, has been an austerely binary concept, but we are slowly transitioning and accepting gender identities the way they are and the people for who they are. The case of Navtej Singh Johar v. Union…
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MATERNITY BENEFITS IN INDIA: ANALYSING THE LEGAL FRAMEWORK AND LIMITATIONS
Maternity Benefits refer to the distinct protection granted to women during the time of their pregnancy and maternity. Such protection ensures that women are not deprived of their jobs, rather, they are entitled to certain monetary and non-monetary benefits. The rationale behind providing these benefits is that women are particularly vulnerable (physically as well as…