Hb-56Tg_hMiu_H65-t, Author at Asklabourproblem

A judicial caution for Aggregator based E-commerce business like; UBER!!!

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

A ruling, if upheld through appellate judicial scrutiny can change the structure of modern-day technology driven enterprises. On 3rd June, 2015 the California labour commissioner’s office held that a driver for the ride-hailing service Uber should be classified as an employee, not an independent contractor. The ruling ordered Uber to reimburse Barbara Ann Berwick $4,152.20 in expenses and other costs for the roughly eight weeks she worked as an Uber driver last year. While Uber…

Employee Insurance Courts (EIC) under the Employee State Insurance Act (ESAI)

Posted on January 28, 2016July 13, 2021 by Hb-56Tg_hMiu_H65-t

As per S.75(1)(g) EIC is empowered to decide matters which are in dispute between the employer and employee or the employer and Employees State Insurance Corporation, set up under this Act. The nature of the disputes which come under S.75 would be related to contribution, benefits, dues, remuneration etc. which are payable and or recoverable under the Act. OR any other matter required to be decided by EIC under the provisions of the Act. The…

Haryana Government Proposes Self-Certification Scheme For Factories

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

Haryana government proposes an optional self-certification scheme for the welfare of the workers and employers/entrepreneurs. The draft scheme has been released in the public domain for comments and suggestions on 2nd January 2015. Highlights of the scheme: The primary aim is to limit excessive visits of government officials for inspection( for those who have opted for the scheme,) Factories or establishments opting for the scheme would be subject to random inspection to check if they…

Rajya Sabha Passes Payment Of Bonus (Amendment) Bill, 2015

Posted on January 28, 2016July 13, 2021 by Hb-56Tg_hMiu_H65-t

24th December 2015 The Payment of Bonus (Amendment) Bill, 2015 has been passed by both the Houses in the Winter Session 2015. It shall now proceed for the Presidential sanction after which, the Payment of Bonus Act will stand amended. The Payment Of Bonus (Amendment) Bill, 2015 was introduced by Labour Minister Bandaru Dattatreya in the Lok Sabha on 07.12.15 and was passed on 22.12.15. Rajya Sabha passed it on 23.12.15. Salient Features Employees eligible…

Women Allowed To Work In Night Shifts In State of Maharashtra

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

On 1st December, 2015, President Pranab Mukherjee approved the Factories Amendment Bill, 2015 of Maharashtra which among other things, amends section 66 (1)(b) of the Factories Act, 1948, now allowing women to work night shifts from 7pm to 6am in factories in Maharashtra. Given the rise of educated women ready to join the workforce, there was a need to create employment opportunities for them and tap into this talent pool. The current position of the…

Sexual Harassment Law, detailed Analysis

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

1. INTRODUCTION ‘A’ worked for a reputed consultancy firm in Mumbai. After her failure to reveal conflict of interest due to her husband’s similar consultancy firm and further refusal to repay the loan she took from the employers, she was asked to resign. Instead, the lady filed a sexual harassment case against her employer and his wife. ‘C’ worked as a bank manager for a reputed bank in Mumbai. ‘B’ comes to him asking him…

Employers CANNOT Retain Original Certificates Of Employees

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

Employers, so as to prevent employees from quitting without prior notice, sometimes retain original certificates/documents of the employees and make similar mandatory clauses in appointment agreements. The certificates are not handed over to the employees for long, even after completion of their notice period. First of all, employers have no right to retain original certificates even as security against notice or notice pay. If an employer refuses to return original certificates, the employee has the…

Red Flags In IT Landscape

Posted on January 28, 2016November 4, 2025 by Hb-56Tg_hMiu_H65-t

The IT Industry has changed the landscape of India irrespective of its political philosophy. Various state governments are offering the red–carpet treatment to the IT Industry. This sector has generated huge direct and indirect employment. The salaries in the IT Sector are unmatched even by the manufacturing sector. Any Engineer with adequate knowledge of Information Technology can get a job in the IT Sector. State governments, competing with each other, have started offering huge incentives…

Labour Laws in India Applicable To IT Companies

Posted on January 5, 2016May 5, 2016 by Hb-56Tg_hMiu_H65-t

The recent and ongoing economic down surge has resulted in a large number of IT jobs being cut and hiring strictures being put in place, both of which, quite understandably, have not gone down well with the young IT professionals the country churns out every year. In 2013, the incident of the fresh HCL recruits forming a Union and staging protests after the IT Company delayed their joining dates at least five times officially, shows…

Industrial Relations in India and Labour Trouble in new units

Posted on March 10, 2015July 13, 2021 by Hb-56Tg_hMiu_H65-t

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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