Category: Miscellaneous
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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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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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DISCLOSING SOCIAL MEDIA USERNAMES IN EMPLOYMENT APPLICATION: WHERE IS THE LINE?
Introduction What are the constituents of a typical job application form in India? Personal details like name & address, academic and other qualifications, some questions to assess personality like ‘Where do you see yourself in 5 years?’ or ‘What are your strengths and weaknesses?’ etc. However, there are some new entrants in many job application…
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LONG ROAD AHEAD: WORK FROM HOME REGULATIONS
The COVID-19 pandemic has affected the labour market world-wide. The short-term consequences were sudden and severe. As reported by the ILO, one-in-five workers found themselves working from home in the initial months of the Covid-19 pandemic in 2020 and the numbers have only gone up since then. Home workers are more vulnerable when it comes…
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FROM INTERNATIONAL LABOUR ORGANISATION TO WORLD TRADE ORGANISATION: A TRANSITION NECESSARY FOR CROSS BORDER MOVEMENT OF WORKERS
INTRODUCTION The COVID-19 pandemic has wreaked havoc on the entire humanity. Both rich and poor are facing the brunt of this pandemic. However, it is the poor who is severely affected. Both inter-state and inter-country migration of poor workers in search of work; has stopped. Although there are no or very minimal problems faced by…
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ANALYSING CHARITABLE EDUCATIONAL INSTITUTIONS’ CONDITIONAL INDUSTRIAL NATURE
Preface The term Industry has been defined under Section 2(p) of the Industrial Relations Code, 2020 (hereinafter “IRC”). The amalgamation of multifaceted and scattered statutes into one IRC has “arguably” resolved the issue of multiplicity and ambiguity ensuing Labour and Employment Laws in India. The contention as to whether “Charitable Educational Institutions” fall within the…
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INDIA’S MIGRANT WORKERS’ CRISIS: NEED FOR AN ALL-INCLUSIVE LEGAL FRAMEWORK
Parth Tyagi & Jaisal Singh Introduction Post the nationwide lockdown (March 24th) following the Covid-19 outbreak, millions of migrant workers were left floundering. They had the option to either die of starvation, or to leave for their homes in different states and expose themselves to the risk of contracting the coronavirus. Consequently, the lockdown, which…
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INTER STATE MIGRANT WORKMEN ACT: PRO-WORKERS OR ANTI-WORKERS
Migration has been a known phenomenon since time immemorial. India having witnessed the world’s largest voluntary migration, currently houses 400 million migrants, with over 100 million of them being circular migrants that repeatedly move between home and host areas. Thus, at least 19.6 percent of the Indian workforce consists of migrants today. Therefore, it comes…