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…

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…

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…

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…

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…

Heat allowance for workers during the summer months

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

In the midst of soaring temperatures, the union representative’s of factory workers at Renault Nissan, Chennai are demanding for heat allowance to deal with the hotter months of the summer. What is a heat allowance? Similar to a hardship allowance that people working in hostile conditions are entitled, Section 2(22) of the Employee State Insurance Act defines ‘wages’ as meaning: “All remuneration paid or payable in cash to an employee, if the terms of the…

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