Minding The Language and Harassment at the workplace

Minding The Language and Harassment at the workplace

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…

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Can an Employer deny back wages on the no work no pay principle ?

Can an Employer deny back wages on  the no work no pay principle ?

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…

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Deloitte First to Introduce 26 Week Maternity Leave

Deloitte First to Introduce 26 Week Maternity Leave

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…

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Maternity leave available for women attain motherhood through surrogacy.

Maternity leave available for women attain motherhood through surrogacy.

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…

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about AskLabourProblem

about  AskLabourProblem

www.asklabourproblem.info is a unique source of information and learning, containing solutions to perceptibly a vast range of industrial relations problems. Our data base of notes and opinions stretch from, how to manage an industrial relations crisis efficiently to the formulae for calculating Gratuity, Retrenchment Compensation, Employee’s Compensation etc. You will find news flashes, details on labour law compliances, legal bare acts, ordinances and much more. This website aims only to educate legal practitioners, students, Industrial…

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Industrial Relations in India and Labour Trouble in new units

Industrial Relations in India and Labour Trouble in new units

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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Can the assets of an establishment, already pledged to a bank against loans, be sold to clear Provident Fund dues?

Can the assets of an establishment, already pledged to a bank against loans, be sold to clear Provident Fund dues?

In Maharashtra State Co-operative Bank Ltd. V/s The Assistant Provident Fund Commissioner, 2009 the Hon’ble Supreme Court, was faced with the question of whether the sugar bags pledged by two sugar mills in favour of the appellant-bank as security for repayment of the loan together with interest could be attached and sold for realization of the dues of provident funds etc. payable by the employer i.e., the management of the Sugar Mills under the Employees’…

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Is it necessary under Indian employment laws to have Employment Agreement between the Company and its Sr. Executives? If so, should it be stamped?

Is it necessary under Indian employment laws to have Employment Agreement between the Company and its Sr. Executives? If so, should it be stamped?

Although the terms of employment of the Executives are not governed by statute or statutory rules under Indian employment laws, it is essential to have an Employment Agreement between the Company and it’s Senior Executives. The provisions of Indian Contract Act shall be applicable since the terms of employment are required to be decided by way of agreement. Recent trends show that the Senior Executives leave their jobs without notice and sometimes even join competitors…

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Components forming part of Wages for deciding contribution under Provident Fund Act, effect of splitting salary into components/allowances and its effect on Contribution under Provident Fund Act

Components forming part of Wages for deciding contribution under Provident Fund Act, effect of splitting salary into components/allowances and its effect on Contribution under Provident Fund Act

I. Components forming part of wages under the Provident Fund Act Section 6 of the Provident Fund Act in India provides for “Contribution”. The Section reads as under; ‘The Contribution which shall be paid by the employer to the Fund shall be twelve per cent of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable to each of the employees (whether employed by him directly or by or through…

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Employees of E-Commerce market place approach Labour Department against unfair labour practices.

Employees of E-Commerce market place approach Labour Department against unfair labour practices.

The Indian e-commerce ecosystem is brimming with fierce competition and to keep up, an internet marketplace giant is looking to crack down underperformers. Based on their performance of the last six months, 200 employees of its customer care wing have been identified for the “Performance Improvement Plan” or “PIP”. Employees have been given a choice to either resign immediately; or undergo the PIP and if unsuccessful be terminated. An employee opting for a PIP is…

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