Employment Laws

Aimed at boosting the economy amidst the ongoing Covid – 19 pandemic, several States in India have recently come out with ordinance and notifications containing exemptions from compliance with certain labour laws. Such suspension has been sought to give more flexibility to businesses and employers in order to help curb the effects of the Covid – 19 mandated lockdown....

In a recent judgment delivered by Hon’ble Judges U. U. Lalit and Indu Malthotra, in the case of M/s. Pawan Hans Limited & Ors. Vs. Aviation Karmachari Sanghatana & Ors., the Supreme Court of India (“Supreme Court“) has held that employees who draw wages/salaries whether directly or indirectly from a company, are entitled to provident fund benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“Act“)....

Labour laws in India have traditionally been governed by multifarious and fragmented legislations, both at the central and state level. With a view to harmonising and consolidating the various legislations pertaining to wages, the Ministry of Labour and Employment (“Ministry“) first introduced the Code on Wages Act in Lok Sabha on August 10, 2017, which lapsed. The Code on Wages Act, 2019 was reintroduced in the Lok Sabha on July 23, 2019 and gained presidential assent on August 08, 2019 after getting passed in both houses of the Parliament....

The advent of globalization, technological advancements, transborder transactions, frequent employment shifts and increased competitionbetween businesses have necessitated increased complexity in the relationship between an employer and an employee calling for adetailedemploymentcontract to be executed between both these parties....

In India, contract labourers are protected by the Contract Labour (Regulation and Abolition Act), 1970. A contract labourer is defined as one who is hired in connection with the work of an establishment by a principal employer through a contractor. While a contractor is the supplier of contract labour for the organization, a principal employer is the person responsible for the control of the establishment....

In one of its recent decisions, the Kerala High Court ("Court")in Rasitha C.H. vs State of Kerala and Others has reinstated that merely on the basis of being contractual employees, women cannot be deprived of the maternity benefits. The judgement has been propounded by Justice A. Muhamed Mustaque. ...