Need for Special LAWS for IT Industry

Posted on February 18, 2017February 18, 2017 by Team asklabour

The IT industry has brought about revolutionary change in the Indian economy. All the state governments in the country welcomed the change. Vast funds have been invested in the IT sector that has created numerous employment opportunities. The IT industry enjoys several concessions in FSI, electricity, taxes etc. but the employee who is the most vital element in the system has remained neglected. The IT industry also introduced several changes in HR policies. The duty…

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

Posted on January 3, 2017April 11, 2018 by Team asklabour

INTRODUCTION The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (hereinafter been referred to as the HIV and AIDS Act, 2017) happens to be one of the most recent statutory laws to be passed by our Legislature. This Act was passed on the 21st of April, 2017, after having got the assent of the President on 20th of April, 2017. It is indeed a crucial Act considering the population of…

leave provision under the Sexual Harassment of Women at Workplace

Posted on July 27, 2016July 27, 2016 by Team asklabour

No. 13026/2/2016-Estt(L) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training **** Old JNU Campus, New Delhi 110 067 Dated: 14.07.2016 OFFICE MEMORANDUM Subject: Implementation of leave provision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 — Reg. **** Consequent to the enactment of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, this Department is considering issuing instructions…

Applicability of the Provident Fund Act

Posted on May 29, 2016February 21, 2018 by Team asklabour

The Provident Fund Act is applicable to every Factory in India engaged in any industry specified in Schedule 1 in which 20 or more persons are employed and any other establishment which are notified by central government employing 20 or more persons employed. The criteria for applicability under the Provident Fund Act are number of persons employed in the Factory/establishment. This brings us to a question; In considering the number of employees, can partners /…

Work timings for female employees under Indian employment laws

Posted on May 5, 2016 by Team asklabour

EXECUTIVE SUMMARY: Indian law prohibits working of female employees beyond permissible hours after 7:00 PM/8:30 PM/9:30 PM/10:00 PM in factories & commercial establishments. Indian law also lays down maximum permissible hours of work as well overtime hours in a day/week. It is to be understood that working beyond permissible hours can only be on rare occasions and not a norm. Any deviation from this requires prior permission of Govt. Authorities. Such permissions are conditional and…

Is Delay the cause for Industrial Violence?

Posted on May 4, 2016May 4, 2016 by Team asklabour

The very recent incidents of Industrial Violence in the tea plantation of Assam and in Everest India Ltd in Satpur Industrial Estate, Nasik in Maharashtra need to be condemned. Such unabated violence will have to be dealt with by an iron hand. However, after reading several newspaper reports and research material on Industrial Violence in the recent past, it has come to light that in most cases violence took place when labour problems were not…

What are the various statutory compliances under Provident Fund Act?

Posted on April 19, 2016July 13, 2021 by Team asklabour

An employer under the Provident Fund Act, 1952 has to ensure compliance with the following requirements – Every employee must file Declaration and Nomination Form as given in Form 2 as prescribed under Para 33 & 61 (1) of the Employees’ Provident Funds Scheme, 1952 and Para 18 of the Employees’ Family Pension Scheme, 1971. An employer must prepare Contribution Cards in Form 3-A as prescribed under Para 35 & 42 of Employees’ Provident Funds…

Minding The Language and Harassment at the workplace

Posted on April 9, 2016July 13, 2021 by Team asklabour

In a modern Indian workplace, the use of profanity or cursing seems to be regular occurring feature given how liberal the younger work force can be with their words. An employee’s choice of language can result in legal trouble for the organization. In a recent incident, a female employee received an email from her editor. She was cursed at for not attending an office party. Offended by the abusive language used and the intent, she…

Can an Employer deny back wages on the no work no pay principle ?

Posted on March 29, 2016March 31, 2016 by Team asklabour

When Termination of service of employee is held to be illegal and the employer does not reinstate him in service, the employer cannot deny the claim for his back wages, relying on the principle- “No work No pay”. The Supreme Court recently in Shobha Ram Raturi vs. Haryana Vindhya Prasaran Nigam Ltd & Ors (2016| CLR 228) ruled on the question of reinstating back wages when the termination of an employee was found illegal. The…

Deloitte First to Introduce 26 Week Maternity Leave

Posted on March 28, 2016March 31, 2016 by Team asklabour

While the Labour Ministry is still finalizing the amendment to extension of the maternity leave under the Maternity Act from 12 to 26 weeks, Deloitte declared its maternity leave policy last month. The 26 week long leave comes as a move to counter an absence of women in top leadership positions. Deloitte is one the first, of the big four (KPMG, PWC and EY) to declare the policy, and the other three shall follow suit…

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