Labour Law

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.

Overtime wages entitlement for working on National or Festival holidays in case of commercial establishments differ from the Industrial Establishments. States have their own laws in this respect.

1. A non-compete clause in an employment contract restricts employees from engaging in activities that could harm their employers’ business, such as working for a competitor or starting a competing venture. These restrictions apply during or after employment, intending to protect the...

By embracing Apeksha and Upeksha as guiding philosophies, organisations can create environments where employees feel valued, unions feel heard, and management ensures operational excellence.

When Labour Codes are enforced, the scenario of Industrial relations would also be impacted in terms of contract labour engagement, workers' right to protest, collective bargaining and employer's right to manage the industry.

The notice period, a colloquial manifestation in HR parlance of the period in which the employee has to work with the employer before parting ways, has for – time immemorial – been a subject of great controversy for both the employees and the management. Making the employee serve the...

Employees who can take the necessary time to recover from illnesses return to work healthier and more capable of performing their duties effectively.

Contract labour can at least succeed in getting the pay scale or rates applicable to regular employees or equal to the salary at the lowest grade of employees of their cadre in the establishment. When the contractor fails to ensure his responsibility, the liability shifts to the Principal employer.

According to the EPFO, the acts of utilization of reserves and surplus for the purpose of crediting interest to beneficiary at much higher rates as compared to the notified interest rate is "manifestly illegal". Must be noted that neither the EPF Act nor the Schemes thereunder have any specific...

From Case laws, and deliberations, it is evident that the concept of wages differs between the MW Act and EPF Act, each serving distinct purposes. The clarification provided by the apex court underscores that Minimum Wages can encompass Basic wages along with Dearness Allowance (DA) and all other...