Bosses Can’t Be Punished For Suicide of Overburdened Juniors

Bosses Can’t Be Punished For Suicide of Overburdened Juniors

On 10.04.2019, a software engineer working with a multi-national I.T. Company committed suicide. News Reports suggest that deceased was forced to take such a step owing to stress and harassment at work. With the rising amount of stress people face in their daily lives apart from the pressure and stress which is derived from their work, some employees who cannot handle such pressure are vulnerable to committing suicide and some even end up their lives…

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Need Not Choose Between Motherhood And Employment

Need Not Choose Between Motherhood And Employment

Recently in the matter of Rasitha C.H. vs State of Kerala and Ors. WP. (C) No. 5507/2018, the Hon’ble Kerela High Court has reiterated that benefits of maternity cannot be refused merely on the nature of employment. In the present case in hand, the writ petitioner was working an Assistant Professor in Medical Microbiology on contract basis at the School of Health Sciences, in Calicut University. She had been working with the said institute since…

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RETROSPECTIVE RECOVERY POST-RETIREMENT/ SUPERANNUATION BAD IN LAW

RETROSPECTIVE RECOVERY POST-RETIREMENT/ SUPERANNUATION BAD IN LAW

  Petitioner: Grace George Pampoorickal Respondents: Municipal Corporation of Gr. Mumbai and Ors. Court: Bombay High Court Date of Order: 20.04.2018 Citation: WP No. 1010 of 2015 FACTS OF THE CASE: In the present matter, the Petitioner was appointed as an Assistant Trained Teacher by the Municipal Corporation in Mumbai in the year 1970. In February 2010 when the Petitioner reached the age of Superannuation, her last drawn salary amounted to Rs. 9200/- (INR). Thereafter…

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MATERNITY BENEFITS UNDER THE EMPLOYEES’ STATE INSURANCE ACT, 1948 AND THE MATERNITY BENEFIT ACT 1961

MATERNITY BENEFITS UNDER  THE EMPLOYEES’ STATE INSURANCE ACT, 1948  AND  THE MATERNITY BENEFIT ACT 1961

 Who is entitled to Maternity Benefit under the Maternity Benefit Act 1961? Every pregnant woman shall be entitled to, and her employer shall be liable for the payment of maternity benefit at the rate of the average daily wage for the period immediately preceding the day of her delivery, the day of her delivery and any period immediately following that. For claiming maternity benefit though, the woman must have worked for 80 days or more…

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REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

In cases relating to termination of labour, where such termination is evidently illegal, awarding of reinstatement with full back wages by Courts should not be a merely mechanical exercise and the same shall be done considering the circumstances of the case. The same was held by the Supreme Court in District Development Officer & Anr. vs. Satish Kantilal Amrelia.[1] In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…

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EXTENSION OF EMPLOYMENT CONTRACT – NOT A MATTER OF RIGHT

EXTENSION OF EMPLOYMENT CONTRACT – NOT A MATTER OF RIGHT

The Calcutta High Court was confronted with an important question as to whether ‘extension of an employment contract can be asked as a matter of right’? The Calcutta High Court in this regard has upheld the cardinal principle of service jurisprudence, “an employee holding a post, be it contractual or tenure has no right to ask for automatic extension unless nothing repugnant appears from the letter of appointment”. The above-mentioned contention came before the High…

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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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The Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016

Introduction The Rights of Persons with Disability Act, 2016 received the accent of the President on 27th of December 2016 and came to be published in the official gazette on 28th of December 2016. Sec 102 of this Act speaks of repealing the pervious legislation in this regard i.e. The Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act of 1995. The Preamble of this Act clearly says that it aims to…

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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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