India

The Government of India, via a notification dated 25 September 2019, has amended certain provisions regulating apprentices in India, chief among them: i) new guidelines for organisations to engage apprentices (eligibility provisions plus mandatory obligations); ii) revised monthly stipends payable to the different kinds of apprentices; iii) an apprentice shall not be considered a worker and therefore the laws pertaining to labour shall not apply to an apprentice; and iv) requirements for organistions to engage apprentices, within a financial year, based on the percent of the total strength of the establishment

The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (“Act”) is one of India’s most important social security legislation for employees. The Bill has been introduced with the intention of addressing issues that have been the focus of several litigation proceedings in the past, especially ‘basic wages’ and ‘allowances.’

The Government of Karnataka has notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (“Crèche Rules”), which pertains to the provision of crèche facilities to employees by the employers

The Women and Child Department of the State of Telangana, by a circular dated 1 July 2019 (“Circular”), has made it mandatory for government and non-governmental organisations, employing 10 (ten) or more employees to register their Internal Complaints Committee (“ICC”). The ICC is the internal investigation body under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for evaluating complaints of sexual harassment. Similarly, in the State of Maharashtra, the District Women and Child Development officer in Mumbai, by a general letter dated 23 March 2017 (“Letter”) has asked all establishments in Mumbai to constitute and register their ICCs

The State Government of Karnataka issued a notification on 25 May 2019 (“Notification”) to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) for another period of 5 (five) years for certain industries. The 10 (ten) industries that are exempted from the applicability of the Standing Orders Act are Information Technology industries, IT enabled services industries, startups, animation, gaming, computer graphics, telecom, business process outsourcing industries, knowledge process outsourcing industries and other knowledge based industries (“Exempted Industries”). The exemption will be applicable to entities operating in these Exempted Industries from the date the notification is published in the official gazette

On and from the effective date of May 1, 2019, the existing Gujarat Shops and Establishment Act, 1948 (“Old S&E Act”) stands repealed. The shops and establishment act is a state specific legislation, which regulates the operation of shops and commercial establishments in a state and the working conditions of workmen employed therein