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 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

INTRODUCTION The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (hereinafter been referred to as the HIV and AIDS Act, 2017) happens to be one of the most recent statutory laws to be passed by our Legislature.  This Act was passed on the 21st of April, 2017, after having got the assent of the President on 20th of April, 2017. It is indeed a crucial Act considering the population of…

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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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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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leave provision under the Sexual Harassment of Women at Workplace

leave provision under the Sexual Harassment of Women at Workplace

No. 13026/2/2016-Estt(L) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training **** Old JNU Campus, New Delhi 110 067 Dated: 14.07.2016 OFFICE MEMORANDUM Subject: Implementation of leave provision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 — Reg. **** Consequent to the enactment of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, this Department is considering issuing instructions…

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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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