1. Brief Description of Anti-Discrimination Laws India does not, in the context of private sector employment, have a comprehensive specific legislation that addresses discrimination and harassment at the workplace, except in relation to sexual harassment. The Indian judiciary has, over the years, taken steps to protect employees in India in instances of discrimination and harassment. […]
Business visas are given strictly to those who make business related trips to India, such as sales or establishing contact on behalf of the company outside India. However, like most other jurisdictions, business visas in India cannot be used for any direct revenue generating work or employment. Employment visas are issued to foreigners who are […]
The ID Act, mainly determines transfer of undertakings in India. The workmen are protected in the event of the business transfers but non-workmen cannot have the same remedy where the undertaking of a business or business in itself is getting transferred. 1. Employees’ Rights Under the section 25FF ID Act, compensation has to be paid […]
1. Brief Description of Employees’ and Employers’ Organizations The TU Act defines a trade union as “any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive condition on the conduct of any […]
1. Minimum requirements While labour legislations in India do not require strictly that an employment contract should be in writing, the contract is nevertheless governed by the general law of contracts in India and it is a predominant market practice (with very rare exceptions) to have all the terms and conditions agreed and signed by […]
The Constitution, as specified above, grants the citizens of India with right to equality and also prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Therefore, hiring practices in the country including background verifications and interview questions should be done keeping in mind these principles of the Constitution. The Information Technology […]
1. Definition of Restrictive Covenants Companies in the “knowledge industry” place a high value on their intellectual and human capital. Key employees as well as employees who have close interaction with customers, such as sales staff, are critical to the growth and development of the company, and on many occasions, the company may be reliant […]
The ID Act, mainly determines transfer of undertakings in India. The workmen are protected in the event of the business transfers but non-workmen cannot have the same remedy where the undertaking of a business or business in itself is getting transferred. 1. Employees’ Rights Under the section 25FF ID Act, compensation has to be paid […]
1. Can the employer restrict the employee’s use of Internet and social media during working hours? There is no comprehensive legal framework under the Indian labour legislations to govern the employees’ usage of Internet and social media by the employer during working hours. Most internet-related transactions and communication are governed by the IT Act and […]
1. Legal Framework Employee State Insurance Act, 1948 Benefits of this act extend to employees whether working in a factory or establishment or elsewhere or they are directly employed by the principal employer or through an intermediate agency, if the employment is incidental or in connection with the factory or establishment. It applies to all […]
1. Grounds for Termination An employee may be terminated due to several factors including: Breach of employment contract Closure of business due to change of market situations Organizational restructuring Employee’s inability to fulfill material obligations Misconduct Inefficiency/ poor performance Loss of confidence by management Abandonment of employment Continuous absenteeism Any other breach of employer policy. […]
1. Minimum Working Conditions The FA Act states that for industrial establishments where 250 (two hundred and fifty) or more workmen are employed, the employer shall provide for a canteen. Suitable shelters or rest rooms, lunchrooms with provision of drinking water are to be provided under the FA Act wherein 150 (hundred and fifty) workmen […]
