is Senior General Manager-Employee Relations, Emami Ltd.
Section 124 cannot be read as a complete bar on wage restructuring. It only prohibits the reduction of wages or total benefits by reason only of the employer's liability to pay contributions. As far as the provident fund is concerned, statutory contribution cannot be reduced or avoided. Wages...
The gig model can be useful where the work is genuinely flexible, independent, assignment-based and technology-enabled. It can support efficiency, innovation and cost optimisation.But if it is used merely to replace regular employment and avoid statutory obligations, it may create more risk than...
The Industrial Relations Code has changed the economics of retrenchment. The compensation formula remains familiar, but the wage definition has changed the cost base.
When conciliation fails, the law must provide a forum that is credible, accessible and swift. Industrial peace depends not only on fair wages, lawful discipline or collective bargaining structures, but also on confidence that disputes will be resolved in time. A delayed decision in industrial...
Special articles on Labour Codes
Section 124 of the Social Security Code 2020: Does It Bar Wage Restructuring?
The bar provided in Sec. 124 of Social Security Code addresses a specific mischief about reduction of wages or the total quantum of employment benefits by reason only of the employer's statutory contribution liability. The author in this article argues and makes out a case as to how and under which...
With the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) coming into force and subsuming the Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA”), the legal regime on contract labour has been structurally recast. With this recast, an...
This change has been a welcome relief for many organisations striving to maintain regulatory compliance efficiently. The 2018 amendment to the Industrial Employment (Standing Orders) Central Rules permitted fixed-term employment across all sectors, though its practical benefits were debated.
The Supreme Court in D.K. Yadav vs. JMA Industries 1993 LLR 584 has held that if a workman remains absent without sanction of leave for eight or even more days, the employer cannot draw the presumption that the employee has abandoned his job on his own volition. Holding enquiry is imperative.
"Contractor Workers punch their attendance through biometric and the same is approved by section in-charge based on which salary will be processed. Noted instances where attendance of Contract Labour is not approved by the section in-charge but the salary is processed for the same"
At present by and large disciplinary procedure to conduct enquires are governed by judge made law. What is important is to bring a well-defined law taking the present aspects of disciplinary proceeding in place and reform it to make it more acceptable, short and creditable to the industry and...
