Category: Labour Laws & Constitutional law
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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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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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INDUSTRIAL RELATIONS CODE: SWAPPING JUDICIAL AUTHORITY FOR EXECUTIVE DISCRETION?
Pratyush Hari Introduction In a bid to improve India’s Ease of Doing Business, the Central Government has decided to consolidate all 44 of India’s labour legislations into four distinct codes in 2019. The codes consolidate various legislations into four broad aspects of labour law: (i) wages (ii) industrial relations (iii) social security and (iv) occupational…
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CODIFICATION OF LABOUR LAWS- IS IT THE RIGHT WAY FORWARD?
Seemon Snigdha Jena Confined to our homes, one of the major concerns looming in our minds is how India’s economy (which was not stable even prior to the lockdown) would be able to survive such a massive hit hurled by the COVID-19 crisis. It also makes us ponder what new challenges await us after the…
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DILUTION OF LABOUR LAWS: A CONSTITUTIONAL TRANSGRESSION
Kavish Arora Apropos the present pandemic, various state governments like that of Rajasthan, Gujarat, Punjab, Madhya Pradesh etc. have granted considerable exemptions from the various acts which come under the umbrella of labour law. The rationale behind such move is to kick start the slow-paced economy due to the COVID-19 pandemic and also to lure…
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CASE FOR LABOUR LAW REFORMS IN LIGHT OF THE RECENT LABOUR LAW ORDINANCES BY STATE GOVERNMENTS
Adarsh Kumar & Aryan Bhat INTRODUCTION The ongoing COVID-19 contagion has had a disproportionate impact on the economically vulnerable migrant workers which has worsened their pre-existing financial vulnerabilities and pushed them to the brink of penury. The financial unsoundness, relegated social standing, coupled with the state apathy has triggered a large-scale humanitarian crisis as the…
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UTTAR PRADESH GOVERNMENT PASSES ORDINANCE TO SUSPEND LABOUR LAWS: ANOTHER BLOW TO POOR LABOURERS?
Keshav Malpani and Anushka Garg Introduction On May 6, 2020, the Uttar Pradesh State Government passed an ordinance, namely, the “Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020” to deal with the effects of COVID-19 and revive the economy of the State. The ordinance seeks to suspend 35 out of 38 labour laws prevailing in…