Taking the Leverage of Law

Taking the Leverage of Law

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…

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Taking the Leverage of Law

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…

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Taking the Leverage of Law

Taking the Leverage of Law

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…

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Need for Special LAWS for IT Industry

Need for Special LAWS for IT Industry

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…

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Work timings for female employees under Indian employment laws

Work timings for female employees under Indian employment laws

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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Indian Employment Law And Labour Outsourcing

Labour laws in India relating to Outsourced Labour – Recent Trends What are the various Indian employment laws that are applicable to Outsourced Employees? Benefits to Contract workers vis-à-vis Permanent Workers Fixation of minimum wages for contract employees engaged in a factory which is classified under the ‘residuary’ category under Minimum Wages Act, 1948

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Labour Laws in India Relating To Misconduct, Enquiry & Termination

Labour laws in India and Suspension pending Domestic Enquiry Do Indian employment laws allow Termination of an Employee without Domestic Enquiry? Can a Workman be Charge sheeted for sleeping on duty, as per employment laws in India? Prolonged absence – a major misconduct not to be taken lightly! Under employment laws in India, are Suspended employees entitled to Canteen facilities during Suspension? Under employment law in India, can an employer transfer the services of his…

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Labour Laws in India With Respect To Factories

The Liability of an Employer in case on an Industrial Accident What steps must be taken in case of Fatal Accidents/ Dangerious occurrence under Factories Act & Maharashtra Factories Rules Qualification of a Supervisor in a Chemical Factory carrying out Hazardous Processes as per Indian employment law What do Indian employment laws say about carrying forward leaves under Factories Act, 1948? Do labour laws in India allow a Worker to pursue a Business while working…

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Labour law in India and The IT & ITES industry

Provisions of Industrial Disputes Act, 1974 not applicable to Software Engineers – Karnataka High Court Labour Laws in India Applicable To IT Companies Can employers retain original educational certificates as security? The IT Industry – an open invitation to Trade Unions? IT employees, the system of Negative Covenants and certain practices followed by employers IT employees and disputes with employers

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