The Rights of Persons with Disabilities Act, 2016

Posted on June 3, 2017 by Team asklabour

Introduction The Rights of Persons with Disability Act, 2016 received the accent of the President on 27th of December 2016 and came to be published in the official gazette on 28th of December 2016. Sec 102 of this Act speaks of repealing the pervious legislation in this regard i.e. The Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act of 1995. The Preamble of this Act clearly says that it aims to…

Forced Resignations in the I.T. Industry

Posted on June 3, 2017June 3, 2017 by Team asklabour

Forced Resignation – a recent trend A recent developing trend in India involves professionals working in the I.T. Industry, being forced to resign from their respective companies against their wilful consent. This is seen as a part of a drive by companies to chop down the size of their work-force. I.T. Professionals have claimed that such forceful resignation is nothing but a trick to save on the costs of “severance pay”, which every organisation is…

Status of an Employee in the I.T. Industry

Posted on June 3, 2017 by Team asklabour

Introduction For an employee to be regarded as a ‘workman’ under the Industrial Disputes Act, 1946, there are two basic essentials. Firstly, the establishment has to be considered an “industrial establishment” according to the definition of “industrial establishment” and secondly, the employee has to be a “workman” within the definition of a ‘workman’ under sec 2 of the Industrial Disputes Act, 1946. Are IT Companies Industrial Establishments? According to sec 2 (k a) of the…

Taking the Leverage of Law

Posted on June 3, 2017May 8, 2018 by Team asklabour

Introduction “There appear to be three preliminary objections which have become quite the fashion to be raised by all employers, particularly public sector corporations whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there is no industrial dispute and the third that the workman is no workman”. This in an extract from the judgement of the Supreme Court in the matter of…

Note on Aspect of Holiday on Day of Local Body Election

Posted on February 20, 2017February 21, 2018 by Team asklabour

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…

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…

Maternity leave available for women attain motherhood through surrogacy.

Posted on March 22, 2016June 2, 2016 by Team asklabour

The Bombay High Court recently granted maternity leave to a woman who had attained motherhood through surrogacy. The Court relied upon the judgment of Nagpur Bench of Bombay High Court in the case of Dr. Mrs. Hema Vijay Menon v. State of Maharashtra & Ors, wherein it was held, “A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy. Though the…

Bank Unions Join All India Strike

Posted on February 17, 2016 by Team asklabour

“The neo-liberal economic policies are aggravating the problems of the workers and common masses “− CH Venkatachalam, General Secretary, All-India Bank Employees’ Association Major central trade unions (CTU) across India and across sectors are going on strike on 2nd September and the bank unions are to join the call says the General Secretary, All-India Bank Employees’ Association CH Venkatachalam. The strike, declared in earlier in the year was primarily against the governments proposed labour policies…

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