Do Indian Laws Support Remote Work/Work from Home (WFH)?

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The COVID-19 crisis has accelerated the transition from work in office spaces to working remotely. India Inc. has embraced virtual workspaces, with numerous HR leaders stating that work from home (WFH) is here to stay even after the resolution of the crisis. While everyone is happy with this arrangement in the short run, conflicts between the employer and employee will arise in the long haul as there are no laws in India governing WFH. Some…

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The Essentials of a Work from Home (WFH) Policy

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Even before the government imposed lockdown on 24th March, a majority of India’s private sector had been working from home in consonance with the Ministry of Corporate Affairs’ advisory, which amongst other relaxations with respect to board meetings, financial statements etc. included an expectation that companies would initiate an immediate plan to incorporate a ‘work from home’ policy till 31st March, 2020. To this end, companies were asked to file CAR (Company Affirmation of Readiness…

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COVID-19 and Termination of Employment: A Labour Law Perspective

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In light of the advisories issued by the Ministry of Labour and Employment that clearly request employers to refrain from terminating employees or reducing their wages, the question arises as to whether the same would constitute illegal/wrongful termination of employment.Generally speaking, wrongful termination is when an employee is terminated without sufficient cause and it is one of the most common types of employment disputes. There exist several remedies for an employee who has been laid…

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