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…
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…
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, MHA…
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…
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…
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…
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…
COVID-19, the colossal outbreak is carrying the employer-employee relationship to an unchartered territory as employees are increasingly absent from work during the pandemic. Reacquainting employees into the workplace will require the employers to juggle multiple logistical, emotional, and legal concerns. As COVID-19 will impact employment for the foreseeable future, it is anticipated that many employees will be reluctant to return, even after states have approved reopening plans. In spite of Central and State Governments passing…
The Inter-State Migrant Workers Act, 1979 is a central legislation that governs the hiring, registration and payment of wages in relation to the aforementioned class of workers. It provides for equal wages for similar nature of work, displacement allowance and journey allowance for inter-state workers. It also grants the right to raise disputes under the Industrial Disputes Act, 1947. Principal employers/contractors are required to maintain registers and facilitate the grant of benefits. The Problem Based…
With the total COVID-19 cases touching the one lakh mark, the commercial sector in India has come to a grinding halt. Labour being a concurrent subject in the Constitution of India, have seen state governments striving hard to bring the industries back on track by amending and relaxing the respective labour legislations with an approach to attract investment and restart economic activity, post approval of the Centre. The heads-up has been taken up by the…
