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,…
Read MoreLabour laws / Audit
REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE
In cases relating to termination of labour, where such termination is evidently illegal, awarding of reinstatement with full back wages by Courts should not be a merely mechanical exercise and the same shall be done considering the circumstances of the case. The same was held by the Supreme Court in District Development Officer & Anr. vs. Satish Kantilal Amrelia.[1] In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…
Read MoreOUTSOURCING – to be or not to be??
“Labour disgraces no man; Unfortunately, you occasionally find men who disgrace labour” Conflicts between employers and employees have perennially existed in our industry. To curb exploitation of labour by employers, the Indian legislators had come out with various statutory hurdles. To counter such statutory obstacles imposed by the Legislature, attempts had also been made to drift from permanency of labour to rightsizing and affinity for outsourced labour. Earlier outsourced labour were hired only for peripheral…
Read MoreSafety First – The Importance of Labour Law Audits
The Labour law audits are integral in today’s industrial world, for the proper functioning of and safety for employees within an establishment in line with the principles laid down by labour laws in India. As labour laws stand today, with several amendments being proposed, the powers of the inspector are yet unregulated and ‘Inspector Raj’ continues to dictate what the CEO of a corporation big or small should do. For example : failure to inform…
Read More