श्रम परमो धर्म:
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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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Tisa Padhy ‘Genius begins great works, labourer alone finishes them’ Joseph Joubert It is rightly said no great human creation could be accomplished without the efforts of workmen. Defined in simple terms a workman is any person who offers their labour for any work. In the legal sphere, this term takes a more precise definition.…
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Introduction: Considering how burdened our judicial system is, litigation can often be expensive and time consuming. Therefore, Arbitration has gained popularity over the years, as an efficient alternative. Industrial disputes at most times concern people who earn on a day-to-day basis to feed their families, thus, these need to be solved as soon as possible.…
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Aabir Bhattacharya & Devansh Malhotra The long-awaited judgement in the case of In Re: Problems and Miseries of Migrant Labourers and the connected matters, puts forth the progressive approach of the Judiciary in tackling issues of great and national importance. The Judgement enunciates the core values of the Constitution, enshrined in the Directive Principles of…
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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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Introduction The 21st century has witnessed a significant increase in employee mobility across various sectors which in turn poses a major challenge for any organisation that thrives on innovation and cannot afford to disclose its trade secrets or any other type of high-value sensitive information. As a result, the inclusion of restrictive covenants like non-compete…
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The implications of Section 10A and 11A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘Section 10A and 11A’ and IDA respectively) on the jurisdiction of an arbitrator have been a subject matter of eternal debate. The aforementioned contradictory provisions and the opinions of various Courts boil down to one pertinent question. Whether…
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FIXED-TERM EMPLOYMENT UNDER THE INDUSTRIAL RELATIONS CODE: ANALYSING THE LEGAL FLAWS AND LIMITATIONS
Introduction to Fixed Term Employment Fixed Term Employment (hereinafter referred to as ‘FTE’) refers to the engagement of employees for work for a fixed period of time through execution of written contracts with them, which can be renewed after the expiry of the said term with the mutual agreement of the employers and the employee.…
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Tarun Barkskar and Anushree Chandra The UK Supreme Court recently delivered a landmark judgement in the case of Uber BV and Ors. v Aslam and Ors., deciding in favour of Uber car drivers, and rejecting the stand of Uber London of being a mere independent contractor and not the employer. The Court ordered that as…
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Introduction The Second Labour Commissionwhich was set up in 2003 decided that, the various labour laws that were existent at that time should be amalgamated under separate labour codes. This was done with the intent to streamline the laws and avoid friction between various Acts. One such Code, which is due to come into force…