labour laws

Retrenchment And Double Employment In India: A Growing Concern

Corporate Law - We start from the meaning of all the terminologies. Retrenchment is defined under Section 2(oo) of ID Act 1947. To go further down this road, we shall look into some of the words which are used interchangeably with retrenchment or can be misunderstood if distinction is not established....

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Inputs for Actuarial Valuations under Gratuity & Leave Encashment Plan

Corporate Law - How to prepare Employees Data and inputs for Actuarial Valuations in compliance of AS 15 (Revised 2005) & Ind AS 19 How to prepare inputs for Actuarial Valuations under Gratuity and Leave Encashment Plan This article is prepared to help the company officials (i.e. HR, Accountant, Finance Managers, & Company Secretary) involved in ...

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Reforms in Labor Laws in India: Enhancing Worker Protection & Promoting Ease of Doing Business

Corporate Law - Labor laws in India are a crucial aspect of ensuring social justice and protecting the rights of workers. These laws govern various aspects, including employment conditions, wages, social security, industrial relations, and occupational safety. In recent years, India has embarked on a path of labor law reforms to strike a balance between ...

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Top 5 Most Common Workplace Injuries Covered by Workers’ Compensation

Corporate Law - Despite even the most rigorous of safety protocols, injuries while performing work-related duties are fairly common. According to the Bureau of Labor Statistics, private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2021....

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Contemporary Judicial Approach of Equal Pay for Equal Work

Corporate Law - Equal pay for equal work does not imply that there should be equal pay for all types of work. Rather, it refers to equal work for the same job. Different occupations, professions, and locales pay different wages....

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Salient Features of EPS, 95 & steps to file EPF/EPS nomination digitally

Corporate Law - Easy steps to file EPF/EPS nomination digitally Submit EPF/EPS Nomination Digitally! Steps to submit EPF/EPS Nomination Digitally: Step 1 Visit EPFO website >> Services >> For Employees >> Click ‘Member UAN/Online Service ‘. Step 2 Login with ‘UAN and Password’. Step 3 Select ‘E-Nomination&#...

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Implementation of central rules on labour codes w.e.f. 1-7-22

Corporate Law - As per the information gathered by me from news/media/notifications etc on new 4 Labour uniform codes few provisions are being implemented w.e.f. 1-7-22 by Central Govt and rest shall be notified by States as per their “State – Reforms of Labour Code” and dates for implementation shall be as per their state’s gazet...

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Shops and Establishments Registration in Delhi is Mandatory

Corporate Law - OFFICE OF THE LABOUR COMMISSIONER LABOUR DEPARTMENT, GNCT OF DELHI 5 – SHAM NATH MARG DELHI- 110054 Public Notice All Shops and Establishments are required to be registered under Delhi Shops and Establishments Act, 1954. The registration is Online, free of Cost and without submission of any document.     For Ease of Doing Busi...

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Draft Rules relating to Employee’s Compensation under Code on Social Security, 2020 notified

Corporate Law - Draft Rules relating to Employee’s Compensation under Code on Social Security, 2020 notified Ministry of Labour and Employment, Government of India has notified the draft rules relating to Employee’s Compensation under the Code on Social Security, 2020 on 03.06.2021 for inviting objections and suggestions, if any, from the stakeholder...

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Benefits of Social Security Schemes to Senior Citizens

Corporate Law - Department of Social Justice and Empowerment has formulated the scheme of National Action Plan for Senior Citizens (NAPSrC) with effect from 01.04.2020 which has a sub-scheme of Programmes for National Institute of Social Defence for Senior Citizens (NISDSrC)....

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SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) - Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary ...

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Denial of annual increment to government servant merely because of his retirement on next day is unjustified

Director (Admn. and HR) KPTCL & Ors. Vs C.P. Mundinamani & Ors. (Supreme Court of India) - Supreme Court held that the annual increment to a government servant which he has earned for the services he has rendered over a specified period subject to his good behavior cannot be denied merely because of his retirement on the very next day....

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From 20.10.1989 ESI Act is applicable to factory/establishment irrespective of persons employed

ESI Corporation Vs Radhika Theatre (Supreme Court of India) - Supreme Court held that insertion of sub-section (6) to section 1 is effective from 20.10.1989. Hence, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act....

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Conciliation Officer is not an Industrial Tribunal or a Labour Court under Industrial Disputes Act

Shri Nand Kishore Vs Dilshad Public School (Delhi High Court) - The Hon’ble High Court observed that Conciliation Officer is not an Industrial Tribunal or a Labour Court and does not exercise judicial/quasi-judicial functions and/or does not adjudicate the claims of /disputes between the parties....

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Industrial Disputes Act – Independent consultant is not workman

Santram Spinners Limited Vs Babubhai Magandas Patel (Gujarat High Court) - It was further pointed out by the petitioner that the respondent - workman cannot be termed as workman within the meaning of Section 2(S) of the Industrial Dispute Act, 1947....

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Govt enable certain Labour Law Provisions with effect from 03rd May, 2023

Notification No. Pension/Supreme Court/judgement/HPM/2022/Pt [ S.O. 2060(E) ] - (03/05/2023) - Effecting certain provisions of the Code on Social Security, 2020 in respect of Employees’ Provident Funds & Miscellaneous Provisions Act 1952 and EPS’ 1995 vide Notification No. S.O. 2060(E) dated 3rd May 2023 with effect from 03rd day of May, 2023. Provisions effected are as follows:- (i)...

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ESI Act should receive a liberal & beneficial construction to promote its objects: SC

F.No.T-11/13/52/1A/2022 Rev.II - (08/02/2023) - The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of Form 01 dt. 27.01.1981 submitted by the petitioner establishment. Thereafter Corporation issued C-11 dated 04/02/1981 to the Employer informing the coverage of the unit....

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Delhi Labour Welfare Board introduces online portal for compliances

F.No. DLWB/Online Regn./2020-21/764 - (01/07/2022) - The Online portal of Delhi Labour Welfare Board offering following services is hosted on URL https://dlabourwelfareboard.delhi.gov.in/index.php for taking online contribution from Employer / Employee w.e.f. 01.07.2022....

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Draft Industrial Relations (Tamil Nadu) Rules, 2022

No. SRO A- 8(b)/2022. - (11/04/2022) - (i) These rules may be called the Industrial Relations (Tamil Nadu ) Rules, 2022. (ii) They extend to whole of the State of Tamil Nadu. (iii) They shall come into force after the date of their publication in the Tamil Nadu Government Gazette....

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Draft Code on Wages (Tamil Nadu) Rules, 2022

Notification No. SRO A-8(a)/2022 - (11/04/2022) - (1) These rules may be called the Code on Wages (Tamil Nadu) Rules, 2022. (2) They extend to the whole of the State of Tamil Nadu. (3) They shall come into force after the date of their final publication in the Official Gazette, on the date of the commencement of the Code on Wages, 2019 (Central Act...

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Recent Posts in "labour laws"

Retrenchment And Double Employment In India: A Growing Concern

We start from the meaning of all the terminologies. Retrenchment is defined under Section 2(oo) of ID Act 1947. To go further down this road, we shall look into some of the words which are used interchangeably with retrenchment or can be misunderstood if distinction is not established....

Read More
Posted Under: Corporate Law |

Inputs for Actuarial Valuations under Gratuity & Leave Encashment Plan

How to prepare Employees Data and inputs for Actuarial Valuations in compliance of AS 15 (Revised 2005) & Ind AS 19 How to prepare inputs for Actuarial Valuations under Gratuity and Leave Encashment Plan This article is prepared to help the company officials (i.e. HR, Accountant, Finance Managers, & Company Secretary) involved in ...

Read More
Posted Under: Corporate Law |

Reforms in Labor Laws in India: Enhancing Worker Protection & Promoting Ease of Doing Business

Labor laws in India are a crucial aspect of ensuring social justice and protecting the rights of workers. These laws govern various aspects, including employment conditions, wages, social security, industrial relations, and occupational safety. In recent years, India has embarked on a path of labor law reforms to strike a balance between ...

Read More
Posted Under: Corporate Law |

SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India)

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]...

Read More

Top 5 Most Common Workplace Injuries Covered by Workers’ Compensation

Despite even the most rigorous of safety protocols, injuries while performing work-related duties are fairly common. According to the Bureau of Labor Statistics, private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2021....

Read More
Posted Under: Corporate Law |

Govt enable certain Labour Law Provisions with effect from 03rd May, 2023

Notification No. Pension/Supreme Court/judgement/HPM/2022/Pt [ S.O. 2060(E) ] 03/05/2023

Effecting certain provisions of the Code on Social Security, 2020 in respect of Employees’ Provident Funds & Miscellaneous Provisions Act 1952 and EPS’ 1995 vide Notification No. S.O. 2060(E) dated 3rd May 2023 with effect from 03rd day of May, 2023. Provisions effected are as follows:- (i) sub-section (3) of section 15, in so fa...

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Bangalore Water Supply & Sewerage Board Vs. R. Rajappa (Supreme Court)

SC in Bangalore Water Supply & Sewerage Board, Etc. Vs. R. Rajappa & Others case looked at the definition of industry under section 2(j) of Industrial Disputes Act of 1947....

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Posted Under: Corporate Law

Contemporary Judicial Approach of Equal Pay for Equal Work

Equal pay for equal work does not imply that there should be equal pay for all types of work. Rather, it refers to equal work for the same job. Different occupations, professions, and locales pay different wages....

Read More
Posted Under: Corporate Law |

Powering the Labor Movement: Importance of Trade Unions in India’s Workplace

Unions have been a powerful force in the labor movement for many years, advocating for fair wages, safe working conditions, and social justice and protecting other rights guaranteed to workers in the industry....

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Posted Under: Corporate Law |

Implications of Wage Code in India

One of the key goals of the Wage Code is to guarantee that workers are paid on time and fairly. Employers are obligated under the Code to pay workers' salaries within the time range specified, and any delay can result in fines....

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Posted Under: Corporate Law |

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