Hb-56Tg_hMiu_H65-t – Page 4

The Rights of Persons with Disabilities Act, 2016

Posted on June 3, 2017 by Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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 Hb-56Tg_hMiu_H65-t

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…

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