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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Is Delay the cause for Industrial Violence?

Is Delay the cause for Industrial Violence?

The very recent incidents of Industrial Violence in the tea plantation of Assam and in Everest India Ltd in Satpur Industrial Estate, Nasik in Maharashtra need to be condemned. Such unabated violence will have to be dealt with by an iron hand. However, after reading several newspaper reports and research material on Industrial Violence in the recent past, it has come to light that in most cases violence took place when labour problems were not…

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What are the various statutory compliances under Provident Fund Act?

What are the various statutory compliances under Provident Fund Act?

An employer under the Provident Fund Act, 1952 has to ensure compliance with the following requirements – Every employee must file Declaration and Nomination Form as given in Form 2 as prescribed under Para 33 & 61 (1) of the Employees’ Provident Funds Scheme, 1952 and Para 18 of the Employees’ Family Pension Scheme, 1971. An employer must prepare Contribution Cards in Form 3-A as prescribed under Para 35 & 42 of Employees’ Provident Funds…

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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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Disciplinary action against employee

Disciplinary action against employee

Disciplinary Actions are those which are taken by an employer against his employee for misconduct committed by the employee within the establishment and in certain circumstances, even outside the premises of the establishment. In keeping with Principles of Natural Justice, every employee who has been charged with any misconduct must be given an opportunity of being heard and explaining his actions before his employer, this opportunity is given to an employee during disciplinary action. The…

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Delay in commencing proceedings under Section 14B of the Provident Fund Act – does it waive the responsibility of a Company from making contributions?

Delay in commencing proceedings under Section 14B of the Provident Fund Act – does it waive the responsibility of a Company from making contributions?

As per Section 14B of the Provident Fund Act; “Where an employer makes default in the payment of any contribution to the Fund the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this Act or of any Scheme or Insurance…

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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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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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