CURRENT STATUS OF CODE ON WAGES, 2019

CURRENT STATUS OF CODE ON WAGES, 2019

Status of the Code on Wages, 2019 The Code on Wages, 2019 was introduced in Lok Sabha by the Minister of Labour, Mr. Santosh Gangwar on July 23, 2019 and passed by Lok Sabha on 30/07/2019 and Rajya Sabha on 02/08/2019.  It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out.  The Code replaces the following four laws: (i) the Payment of Wages Act,…

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Note on Aspect of Holiday on Day of Local Body Election

Note on Aspect of Holiday on Day of Local Body Election

LEGISLATIVE FRAMEWORK: Maharashtra Municipal Corporation Act, 1949: Section 14(4) the State Election Commission is empower to pass such orders as it deems fit, for ensuring free and fair election. Constitution of India: Article 243(ZA) superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in State Election Commission referred to in Article 243-K and the State Govt. will have the power to…

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Is Delay the cause for Industrial Violence?

Is Delay the cause for Industrial Violence?

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…

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Breach u/s 25-G & 25-H of the Industrial Disputes Act 1947 would not arise if worker has voluntarily abandoned the service

Breach u/s 25-G & 25-H of the Industrial Disputes Act 1947 would not arise if worker has voluntarily abandoned the service

All India Institute of Medical Sciences v. Jitender Kumar Name of the Case: All India Institute of Medical Sciences v. Jitender Kumar (LPA no. 496 of 2013) Judge & Court: Honorable Mr. Justice Pradeep Nandrajog Honorable Ms. Justice Pratibha Rani in the High Court of Delhi Date of reservation: 4th March 2015 Date of judgment: 17th March 2015 Name of the Parties: All India Institute of Medical Sciences (Appellant) Jitender Kumar (Respondent) Prior history of…

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Haryana Government Passes Labour Reform Bills.

Haryana Government Passes Labour Reform Bills.

On 30th March  the Haryana Assembly passed several labour reform Bills amending the Industrial Disputes Act, 1947, the Contract Labour ( Prevention and Abolition) Act,1970 Factories Act 1948, and the Payment of Wages Act 1936, moved by the Labour and Employment Minister, in the ongoing budget session. With the intention to “facilitate Industry”, the amendment to the Industrial Disputes Act will allow industrial units with up to 300 workers to shut down and lay off…

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Strategies under Labour Laws in India to Deal with Industrial Violence

Strategies under Labour Laws in India to Deal with Industrial Violence

There cannot be a single solution or a lone strategy to deal with violence. Violence has rarely taken place instantly. Instant provocation may lead to violence but the analysis of industrial violence in industry for last two years will reveal that violence was mainly due to pendency of issues for a long time. A Multi-layered strategy that would address the structural causes of violence need to be framed. One must; 1. Analyse the reasons for…

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Are Layoffs without advanced notice permissible under the law?

Are Layoffs without advanced notice permissible under the law?

As per employment law in India, an employer has the right to layoff, this right is subject to certain regulation by the law. Chapter V-B of the Industrial Disputes Act prohibits lay off in case of industrial establishments employing 100 or more workers without prior permission of the appropriate government or authority constituted by the appropriate government for such permission, thus no worker in such an establishment may be laid off without the prior permission…

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Under Indian employment laws, is an employer bound to pay wages on public holidays falling during a strike?

Under Indian employment laws, is an employer bound to pay wages on public holidays falling during a strike?

This is a difficult question to answer, as each State Government has separate laws as to paid holidays. For E.g. in Karnataka, there is an Industrial Act, Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 which provides for mandatory paid holidays by the establishments in Karnataka. As per Indian employment law, the issue of whether the employer is bound to pay wages for paid holidays during the period of strike depends upon various factors…

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Industrial Relations in India – A Story of Blood and Violence?

Industrial Relations in India – A Story of Blood and Violence?

Of late, incidents of industrial violence have been on the rise. In the 1980s, industrial violence and collapsing industrial labour relations in India was a part of everyday life. A Personnel Manager those days would mention in his Resume that he was assaulted / stabbed in his list of qualifications while seeking a job. Over time, with liberalization and professionalization of trade unions, as well as with the introduction and widespread adoption of the Contract…

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Industrial Relations in India and Labour Trouble in new units

Industrial Relations in India and Labour Trouble in new units

Industrial Relations problems occurring in any manufacturing setup today is a part of day to day life. However, when new units start facing labour trouble certain labour laws in India and trade union movements are blamed. Therefore analyzing the reasons for problems that occur in industrial labour relations in India is important; In any new factory, during the period before commencement of manufacturing activities, the focus of the management is mainly on setting up of…

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