Labour Law for Beginners: Minimum Wages

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Introduction/Author’s Note: Series – Production of goods and provision of services constitute the cornerstone of any economy, and its labour is the driving force behind the provision of such goods and services. Therefore, it is crucial for an employer to ensure that labour is being compensated adequately for services rendered, in order to maintain a cordial relationship at the workplace and ensure employee satisfaction. The compensation does not only involve remuneration in the form of…

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Employee State Insurance (ESI): Relevance in the Age of COVID-19

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Introduction For a country like India that has an enormous working population, provision of social security and health related benefits through a public insurance scheme is both necessary and cost-effective. The Employee State Insurance Act, 1948 (ESI) was enacted to establish a framework for a self-financing social security scheme that provided workers with numerous benefits. The Act established a statutory body in the form of the Employee State Insurance Corporation (ESIC) that is responsible for…

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Employee Compensation Act & COVID -19

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Introduction The Employee Compensation Act, 1923 is a social welfare legislation that aims to provide payment to individuals employed in certain types of employment with expeditious compensation for injuries sustained in accidents during the course of their employment. It also provides exceptions for the employer’s liability, for example, where there is willful disobedience or negligence on part of the employee. The Act also provides for a scheme of distribution of compensation to dependents in case…

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Force Majeure: An Employment Law Perspective

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The outbreak of the COVID-19 pandemic resulted in force majeure becoming a ubiquitous phrase and a great deal of literature has been sought to outline its meaning and implications. At the most fundamental level, force majeure roughly translates to ‘superior force’ and operates primarily in the domain of contractual law. It is employed to provide for an allocation of liabilities if the performance of a contractual obligation becomes impossible or impracticable. For example, an earthquake…

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Decoding the Labour Law Compliance in India

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Introduction Labour law is the body of statutory regulation coupled with executive rule promulgation that applies to matters such as employment, remuneration, hours & conditions of work, industrial relations and social security. It defines the contours of the employer-employee relationship by outlining the rights and duties they have towards each other. Employees are given rights that impose corresponding duties on employers in a Hohfeldian sense and vice-versa. These laws aim to operate to prevent exploitation…

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Resumed Office? Preventive and response measures MHA expects the Employers to be aware of.

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Ministry of Home Affairs (“MHA”) has unlocked the nation from June 04, 2020 and clearly anticipates the future of this unlock. Offices and other workplaces have been permitted to open (other than in containment zones) with full capacity unless otherwise ordered by the State/UT governments. Workplace is usually a closed setup area with more shared space and infrastructure making it vulnerable to mass spread. Therefore, with the intent to contain the spread, morbidity, and mortality,…

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Reminiscence of No Work – No Pay Principle

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Employers and employees are the two wheels of the engine of an organization which help it to prosper but the outbreak of the pandemic has led to the disequilibrium between them and the world has been irrevocably altered. Since then India’s business sector of the economy has been exposed to a multitude of challenges. Contrary to the orders and advisories issued from time to time by the government to secure employees’ livelihood, the employers have…

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Mandatory Obligation on Employer to Monitor Aarogya Setu Imposed by the MHA Order of May 30, 2020

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Do you have an Aarogya Setu observation/ management/ enforcement team in your organization? As a company, your responsibility is not limited to the installation of the application by an employee. Continuous monitoring to check if the employee is using Aarogya Setu on a daily basis is very crucial. The law, as provided in the MHA order of May 30, 2020 (“MHA order“), states that a company must ensure that the Aarogya Setu is installed by…

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Challenges Posed to Contract Labour Due to COVID-19

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Contract labourers are increasingly being made a part of the workforce and are preferred for jobs which are non-perennial and do not constitute the core activities of the firm. They are employed for all types of positions, be it skilled, semi-skilled or unskilled. It is preferred by establishments as it helps them keep a low headcount and gives them greater flexibility in management. Given that labour employment contracts in India are managed by licensed labour…

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Safe and Harassment Free Environment: Is it still relevant when employees work from home?

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Since the outbreak of the COVID19 pandemic, businesses across the world have shifted to models of remote work. In India, even with Phase V of the (un-)lockdown and its consequent relaxations in the offing, many companies view working-from-home as a medium to long term situation. While companies grapple with new systems of communication and workflow management during this shift, they must be cognizant of the fact that workplace harassment can also carry over to the…

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