Introduction of Fixed Term Employment (FTE) Under Standing Orders Acts of Various States

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The Industrial Employment (Standing Orders) Act, 1946 is a Central law that aims to provide industrial establishments a common framework that defines conditions of employment across the country. The objective behind the same is to ensure workers are aware of the conditions of work they are entitled to as well as regularize the same across the nation to prevent exploitation. Under the Act, States have the power to issue rules as well as publish Model…

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Data Privacy During Work From Home (WFH): Best Practices

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Introduction With most businesses choosing to operate entirely or with a substantial portion of their workforce outside the office, data privacy and security becomes an increasingly important policy decision for employers. While several individuals have hailed work-from-home (WFH) as a panacea from a business continuity and cost perspective, that should not divert attention from the issues surrounding it.  Office networks are generally better protected against data loss, security and privacy risks as significant investments are…

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Does India’s Private Sector Need Laws Governing Retirement?

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Introduction While individuals employed in government related jobs are statutorily provided with pensions and other retirement benefits, there exists no law governing the provision of such benefits to individuals in the private sector. This means that individuals in the twilight of their careers either have to invest in private retirement plans or approach old age with a great deal of uncertainty. The above is especially troubling in India that has undergone a demographic shift both…

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Changes to VDA Under Minimum Wages

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The Minimum Wages Act, 1948 is a social-welfare legislation that aims to regularize the payment of wages for certain classes of employments known under the Act as scheduled employments. The objective is to ensure that workers are not exploited by being forced to work for wages below the specified threshold set by either the Central or State Government. The ‘appropriate government’ under the Act fixes minimum wages by way of notification in the Official Gazette…

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COVID-19, Unlawful Termination and Withheld Wages: Employee’s Perspective

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Introduction Due to the overwhelming response to our previous blog COVID-19 and Termination of Employment: A Labour Law Perspective, we have decided to provide employees with answers to some frequently posed questions. If you are an employer looking for alternatives to layoffs, check out our latest blog Alternatives to Layoffs & Retrenchment During COVID-19. The COVID-19 pandemic has caused widespread layoffs that have led to a substantial portion of the workforce being unemployed. In such…

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Formalization of Unorganized Workers: The Need of the Hour

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Introduction India’s unorganized sector workforce has been at the forefront of driving the economy’s rampant growth prior to the onset of COVID-19, however, despite increased economic prosperity exploitation, poverty and lack of basic necessities are still commonplace. The total amount of informal workers participating in the workforce is estimated to be around 93% of the labour component in the country according to the economic survey of 2018-19. The ‘Report of the Committee on Unorganised Sector…

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Alternatives to Layoffs & Retrenchment During COVID-19

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The economic consequences of COVID-19 have been formidable, several businesses have closed down while others teeter on the brink of closure. Vendors are faced with force majeure clauses invoked by cash strapped clients. Cash flow concerns exist along the supply chain and affect the end-consumer as well, who has either taken a pay cut or is out of a job. These circumstances have forced employers to undertake several cost-reduction/downsizing measures such as layoffs, retrenchment, compulsory…

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Labour Law for Beginners: The Industrial Disputes Act, 1947

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This article is part of a series of blog posts by Simpliance that aim to guide both employers and employees with respect to the best practices of labour law compliance. They also act as a guide for individuals unfamiliar with the regulations governing employment in India. This blog on Industrial Disputes is the second post in the series, with the first one being on minimum wages. Introduction Regardless of the level of economic development, policies…

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International Labour Organization (ILO) Rights and India: A Comparative Analysis

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Introduction The International Labour Organization (ILO) was founded in 1919, following World War-I as a social engineering project that sought to safeguard the rights of workers and ensure that freedom, equity, and dignity in conditions of work are observed universally. It is the first and oldest specialised agency of the UN and was originally founded as a part of the League of Nations. Currently, 187 of the 193 member states of the United Nations are…

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The Perks of Being a Registered MSME in India

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Micro, Small and Medium Enterprises (‘MSME’) play a crucial role in a developing country like India. MSME industries are in fact the backbone of the economy as has been quoted by many economists. The MSME sector contributes to roughly 45% of India’s total industrial employment, approximately 50% of India’s total exports and almost 95% of all industrial units of the country and around 6000 types of products are manufactured in these industries. With the growth…

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