On April 1, 2019 the Supreme Court of India, in the case of the Employees’ Provident Fund Organisation and Anr v. Sunil Kumar B & Ors., (“Judgment”) upheld the Kerala High Court’s decision in P. Sasikumar and Ors. v. Union of India, 2018 wherein it had set aside the Employees’ Pension (Amendment) Scheme, 2014 (“EPF Amendment 2014”)
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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On February 28, 2019, the Supreme Court of India passed a judgement clarifying the nature of allowances to be included within the ambit of ‘basic wages’ for the purpose of calculating provident fund contribution, under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the associated schemes
In order to bring in consistency in the time period of filing returns, the Ministry of Labour and Employment has amended certain labour legislations, providing a uniform time period for employers to file statutory returns, making it easier for the employers to ensure compliance with law
The Ministry of Labour and Employment, via a notification dated December 06, 2019 has amended the Employees’ Provident Fund Scheme, 1952, allowing its members to withdraw money up to 75% of his credit balance from the fund if the member remains unemployed for more than 1 month
The recently published Creche Guidelines brings across much needed clarity on the technical and specific requirements with respect to setting up a crèche facility.
In light of the recent #Metoo movement and the wave of sexual harassment complaints against certain public figures that have flooded the media, the Indian Government constituted a Group of Ministers (GoM) for strengthening the legal and institutional framework for dealing with and preventing instances of sexual harassment at workplace.
The maximum limit of gratuity payable to employees has been increased to INR 20,00,000 (Indian Rupees Twenty Lakhs) from INR 10,00,000 (Indian Rupees Ten Lakhs) in the private sector in order to bring them at par with some of the Central Government employees.
The Supreme Court of India in the case of Management of Bharat Heavy Electricals Ltd. v. M. Mani and Another 2018LLR2 has held the aforementioned position. This appeal was filed by the employer to uphold the order of dismissal of certain employees.
Karnataka’s labour commission, on November 07, 2017, certified the formation of Karnataka State IT/ITES Employees Union under the Trade Union Act, 1926 and the Karnataka Trade Union Regulations, 1958. This is the first time that a trade union, exclusively for the technology sector, has been formed in the country.