Improvised Safety & Security Measures of Women Employees

Improvised Safety & Security Measures of Women Employees

In the wake of brutal and inhuman cases like Nirbhaya, Nayana Pujari, to name a few, the first and foremost question that comes to mind is “THE FOOLPROOF SECURITY OF EMPLOYEES, ESPECIALLY WOMEN” A lot has been spoken, discussed and deliberated. But the question is “What really can assure a failsafe security?” The following basic and common sense guidelines could be of much help to the companies regarding the same question. APPOINTING A DEDICATED DIRECTOR:…

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Forced Resignations in the I.T. Industry

Forced Resignations in the I.T. Industry

Forced Resignation – a recent trend A recent developing trend in India involves professionals working in the I.T. Industry, being forced to resign from their respective companies against their wilful consent. This is seen as a part of a drive by companies to chop down the size of their work-force. I.T. Professionals have claimed that such forceful resignation is nothing but a trick to save on the costs of “severance pay”, which every organisation is…

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Status of an Employee in the I.T. Industry

Status of an Employee in the I.T. Industry

Introduction For an employee to be regarded as a ‘workman’ under the Industrial Disputes Act, 1946, there are two basic essentials. Firstly, the establishment has to be considered an “industrial establishment” according to the definition of “industrial establishment” and secondly, the employee has to be a “workman” within the definition of a ‘workman’ under sec 2 of the Industrial Disputes Act, 1946. Are IT Companies Industrial Establishments? According to sec 2 (k a) of the…

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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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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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Women Allowed To Work In Night Shifts In State of Maharashtra

Women Allowed To Work In Night Shifts In State of Maharashtra

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…

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Employers CANNOT Retain Original Certificates Of Employees

Employers CANNOT Retain Original Certificates Of Employees

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…

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Red Flags In IT Landscape

Red Flags In IT Landscape

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…

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Labour Laws in India Applicable To IT Companies

Labour Laws in India Applicable To IT Companies

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…

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