Labour Law Compliance Relating to Transgender Employees: An Employer’s Perspective

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Introduction In our previous article titled Transgender Persons and Labour Law: A Grey Area, we had discussed the need for concrete steps to address some of the lacunae pertaining to transgender employees in the workplace. Today’s blog shall examine the combined impact of the Transgender Persons (Protection of Rights) Act, 2019 read with its corresponding Transgender Persons (Protection of Rights) Rules, 2020. We shall analyze their combined effect on labour law compliance and examine suitable…

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Self-Registration for Gig, Platform and Unorganised Workers

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Introduction The draft Code on Social Security (Central) Rules were released vide Notification G.S.R. 713 (E) on 13th November 2020 by the Ministry of Labour and Employment. Apart from replacing nine Central rules, the draft rules also provide for the procedure to be followed in the self-registration process by gig workers, platform workers and unorganized workers. They also shed light on the manner in which aggregators carry out self-assessment of the contribution payable under Section-114(4)…

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Provident Fund Contributions Under the New Labour Codes

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Introduction The new labour Codes have brought in several changes to India’s labour law framework by codifying numerous Central laws. Amongst these is the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 which establishes three national social security programs, those being as follows:- Employees’ Provident Fund Employees’ Pension Scheme Employees’ Deposit Linked Insurance Scheme The Act has been subsumed under Chapter-III of the Code on Social Security, 2020 which must be examined with the definition…

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The “Shift” shifts.

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“Equality is leaving the door open for anyone who has the means to reach it; equity is ensuring there is a pathway to that door for those who need it” – Caroline Belden The aforementioned aptly encapsulates the measures taken by the Karnataka State Government pertaining to the employment of women during nighttime. Vide the recent notification dated October 19, 2020, Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961 (‘Act’) has been…

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Definition of Factory under the OSHWC Code, 2020

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Introduction The Code on Occupational Safety, Health and Working Conditions, 2020 subsumes thirteen major central labour enactments. The Factories Act, 1948 is one of the thirteen laws being codified and is currently applicable to factories depending on thresholds set in the corresponding State rule.  Factories are generally divided into those operating with the aid of power and those operating without the aid of power, and it is on that basis that the threshold of number…

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Transgender Persons and Labour Law: A Grey Area

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Introduction Laws in India had been strictly binary in terms of their recognition of gender for a long time, recognizing only men and women. In this sense the lack of recognition could be termed a non liquet or a lacuna in the law. However, the change in global outlook towards transgender persons has resulted in a corresponding shift in India as well. The Supreme Court’s judgement in the case of National Legal Services Authority v.…

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Inspector-Cum-Facilitators Under the OSHWC Code: Role and Functions

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Introduction The efficacy of any legal framework is dependent on enforcement as a matter of basic jurisprudence and the same holds true for India’s latest labour reforms. Under the OSHWC Code the inspector-cum-facilitator is the primary authority responsible for inspection and thus enforcement. While there is a great deal of speculation surrounding how the provisions of the labour codes will affect workers, employers, and the ease of being compliant, it is important to understand the…

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The Impact of the Code on Social Security, 2020 on Aggregators

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Introduction The advent of app-based services operating on an aggregator model has ushered in a new era of convenience and choice for the Indian consumer. Additionally, it has helped small and medium business owners compete with veterans of the industry on online platforms. A key characteristic of this business model is that the end consumer as well as the provider of the service act as customers of the brand, there is also the partnership model…

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Definition of Employee and Worker Under the OSHWC Code

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Introduction The Occupational Safety Health and Working Conditions Code (OSHWC Code), 2020 contains separate definitions for the terms ‘employee’ and ‘worker’ respectively.  This article explores the operation of the definitions in the good and the objectives behind their use in particular provisions. It is imperative for both staff and management to understand the implications of these definitions and the changes they bring in as it materially affects the nature of employment in India. The legal…

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Hiring Contract Labour: Changes Under the OSHWC Code

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Introduction The Contract Labour (Regulation and Abolition) Act, 1970 is one of thirteen enactments being subsumed under the Occupational Safety, Health and Working Conditions Code, 2020. It regulates registration of establishments, licensing of contractors, ensures that suitable working conditions are provided and incur penalties where any of these provisions are contravened. Section-10 of the Contract Labour (Regulation and Abolition) Act, 1970 contains prohibitions on the employment of contract labour. It empowers the appropriate Government to…

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