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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Heat allowance for workers during the summer months

Heat allowance for workers during the summer months

In the midst of soaring temperatures, the union representative’s of factory workers at Renault Nissan, Chennai are demanding for heat allowance to deal with the hotter months of the summer. What is a heat allowance? Similar to a hardship allowance that people working in hostile conditions are entitled, Section 2(22) of the Employee State Insurance Act defines ‘wages’ as meaning: “All remuneration paid or payable in cash to an employee, if the terms of the…

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Employees of E-Commerce market place approach Labour Department against unfair labour practices.

Employees of E-Commerce market place approach Labour Department against unfair labour practices.

The Indian e-commerce ecosystem is brimming with fierce competition and to keep up, an internet marketplace giant is looking to crack down underperformers. Based on their performance of the last six months, 200 employees of its customer care wing have been identified for the “Performance Improvement Plan” or “PIP”. Employees have been given a choice to either resign immediately; or undergo the PIP and if unsuccessful be terminated. An employee opting for a PIP is…

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Supreme Court Decides On Jurisdiction For Termination Of Employee

Supreme Court Decides On Jurisdiction For Termination Of Employee

The Supreme Court in Nandram vs M/s Garware Polyster Ltd, decided upon an important point of jurisdiction of the Labour Court when deciding the termination of an employee. The Appellant/Complainant was an employee in Aurangabad and was later transferred to Pondicherry. Due to the closing down of the Pondicherry establishment, the management decided to terminate his services. The Labour Courts of both, the place where the decision to terminate and the place where the termination…

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Haryana Government Passes Labour Reform Bills.

Haryana Government Passes Labour Reform Bills.

On 30th March  the Haryana Assembly passed several labour reform Bills amending the Industrial Disputes Act, 1947, the Contract Labour ( Prevention and Abolition) Act,1970 Factories Act 1948, and the Payment of Wages Act 1936, moved by the Labour and Employment Minister, in the ongoing budget session. With the intention to “facilitate Industry”, the amendment to the Industrial Disputes Act will allow industrial units with up to 300 workers to shut down and lay off…

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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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Haryana Government Proposes Self-Certification Scheme For Factories

Haryana Government Proposes Self-Certification Scheme For Factories

Haryana government proposes an optional self-certification scheme for the welfare of the workers and employers/entrepreneurs. The draft scheme has been released in the public domain for comments and suggestions on 2nd January 2015. Highlights of the scheme: The primary aim is to limit excessive visits of government officials for inspection( for those who have opted for the scheme,) Factories or establishments opting for the scheme would be subject to random inspection to check if they…

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Rajya Sabha Passes Payment Of Bonus (Amendment) Bill, 2015

Rajya Sabha Passes Payment Of Bonus (Amendment) Bill, 2015

24th December 2015 The Payment of Bonus (Amendment) Bill, 2015 has been passed by both the Houses in the Winter Session 2015. It shall now proceed for the Presidential sanction after which, the Payment of Bonus Act will stand amended. The Payment Of Bonus (Amendment) Bill, 2015 was introduced by Labour Minister Bandaru Dattatreya in the Lok Sabha on 07.12.15 and was passed on 22.12.15. Rajya Sabha passed it on 23.12.15. Salient Features Employees eligible…

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