As per employment law in India, what is the time limit for payment of Bonus?

As per employment law in India, what is the time limit for payment of Bonus?

As per employment law in India, the time limit for payment of Bonus is fixed under the Payment of Bonus Act, 1965 Section 19 of the Payment of Bonus Act, 1965 states as follows – ‘All amounts payable to an employee by way of Bonus under this Act shall be paid in cash by his employer – (a) Where there is a dispute regarding payment of bonus pending before any authority under Sec.22, within a…

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Apprentice Act 1961

Apprentice Act 1961

THE SCHEDULE An Act to provide for the regulation and control of training of apprentices and for matters connected therewith. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Prefatory Note – The Act was introduced in the form of a bill on August 19,1961. For Statement of Objects and Reasons, see Gazette of India, Extra., Part II, Section 2, dated August 19,1961. CHAPTER – I PRELIMINARY 1….

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Who Do We Call “Workmen”? IT Professionals, Teachers, Doctors?

Who Do We Call “Workmen”? IT Professionals, Teachers, Doctors?

REGULATORY FRAMEWORK: The Industrial Disputes Act, 1947 (hereinafter the ‘Act’) is a beneficial piece of legislation, and hence the definitions of terms therein, including that of the term ‘workman’, are given wide interpretations. An attempt has been made to include a large number of categories of employees in the meaning of the term ‘workman’. The definition of ‘workman’ in the Act is as under: Section 2(s): “workman” means any person (including an apprentice) employed in…

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IT Industry And Its Employment Practices

IT Industry And Its Employment Practices

Much has been debated about the legality of Negative Covenants. Even though Section 27 of the Indian Contract Act, 1872, which states that any agreement by which a person restrained from exercising a lawful profession or trade or business of any kind is to that extent void, prohibits an employer from obstructing his employee from joining a competitor, Negative Covenants have become a necessity in light of recent occurrences in the corporate world, especially IT…

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Strategies under Labour Laws in India to Deal with Industrial Violence

Strategies under Labour Laws in India to Deal with Industrial Violence

There cannot be a single solution or a lone strategy to deal with violence. Violence has rarely taken place instantly. Instant provocation may lead to violence but the analysis of industrial violence in industry for last two years will reveal that violence was mainly due to pendency of issues for a long time. A Multi-layered strategy that would address the structural causes of violence need to be framed. One must; 1. Analyse the reasons for…

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Are Layoffs without advanced notice permissible under the law?

Are Layoffs without advanced notice permissible under the law?

As per employment law in India, an employer has the right to layoff, this right is subject to certain regulation by the law. Chapter V-B of the Industrial Disputes Act prohibits lay off in case of industrial establishments employing 100 or more workers without prior permission of the appropriate government or authority constituted by the appropriate government for such permission, thus no worker in such an establishment may be laid off without the prior permission…

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Under Indian employment laws, is an employer bound to pay wages on public holidays falling during a strike?

Under Indian employment laws, is an employer bound to pay wages on public holidays falling during a strike?

This is a difficult question to answer, as each State Government has separate laws as to paid holidays. For E.g. in Karnataka, there is an Industrial Act, Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 which provides for mandatory paid holidays by the establishments in Karnataka. As per Indian employment law, the issue of whether the employer is bound to pay wages for paid holidays during the period of strike depends upon various factors…

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Industrial Relations in India – A Story of Blood and Violence?

Industrial Relations in India – A Story of Blood and Violence?

Of late, incidents of industrial violence have been on the rise. In the 1980s, industrial violence and collapsing industrial labour relations in India was a part of everyday life. A Personnel Manager those days would mention in his Resume that he was assaulted / stabbed in his list of qualifications while seeking a job. Over time, with liberalization and professionalization of trade unions, as well as with the introduction and widespread adoption of the Contract…

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

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

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…

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

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

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…

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