Category: Labour & Employment Law Blog
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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…
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LOKMAT NEWSPAPERS PVT. LTD. V/S SHANKAR PRASAD IN THE TIME OF THE INDUSTRIAL RELATIONS CODE, 2020: A GOOD OR A BAD PRECEDENT?
Introduction The concept of precedents has its origin in the English Common Law. Salmond defines it as the part of a judicial decision having a legal authority, also called as ratio decidendi. The significance of law of precedent is to establish uniformity and consistency in decision-making and ensure equality in treatment. Recently, the Industrial Relations…
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RESERVATION FOR VISUALLY CHALLENGED PERSONS IN GOVERNMENT JOBS: ANALYSIS OF SECTION 32 AND SECTION 33 OF PERSONS WITH DISABILITY ACT, 1995
Article 41 of the Indian Constitution and the United Nations Convention on the Rights of People with Disability (UNCRPD), to which India is a signatory, secures the right to work of the visually disabled, along with the larger disabled community. However, these laws are fleeting for visually disabled people who continue to be discriminated against…
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RESIGNATIONS AND THE DEFENCE OF FINANCIAL CRUNCH – ATTENTION, GOVERNMENT COMPANIES
On 1 June 2021, the Delhi High Court (“Delhi HC”), in the case of Arjun Ahluwalia vs Air India Limited held that government-owned enterprises cannot afford to terminate employees using the defence of financial distress and also dealt with issues relating to the withdrawal of tendered resignations, relying upon a catena of judgments. Background The…
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DEFINITION OF ‘INDUSTRY’ UNDER THE INDIAN LABOUR LAW AND THE POLITICS AROUND IT
Introduction Legislative actions and court rulings have greatly extended and changed the definition of ‘industry’ over the period of time. Since labour as a subject is included in the concurrent list, both the central and state governments have used it to their advantage in the political arena. Due to lack of clarity in the statutory…