Termination of an employee without payment of retrenchment compensation would be an illegal termination, and the employer would be required to reinstate the employee together with payment of back-wages. The quantum of back-wages would depend on length of service, financial position of employer and length of unemployment of the employee. When an employee has not […]
In recent times, the Ministry of Labour has underscored the Federal Government’s sense of urgency and the likelihood that many long-due labour reforms will be fast-tracked in the last 2 quarters of 2015. Some State Governments have already started introducing changes to attract more business investments. For example, the Government of Rajasthan enacted amendments to […]
The following amendments are due to be tabled in the Indian Parliament with reference to Factories: Requiring an occupier of the factory to obtain permission from the State government before making any expansion of his factory, because such an expansion may involve hazards to the safety of workers as well as the people in the […]
Temporary workers engaged through a contractor are not entitled to automatic absorption by the end-client. The criterion has to be decided on a case-by-case basis. Unless a Director has ultimate control over the management of an establishment, he cannot be prosecuted for violation of employment statutes. Mere submission of application for leave does not mean […]
1. Background The practice of engaging contractors by employers is prevalent throughout India, similar to various other jurisdictions, for improving their overall competitiveness in the globalised market economy. Increasing labour cost and the need for flexibility in managing manpower to respond to market conditions and customers’ demands have caused employers to prefer contractors in a […]
An International Guide to Employment Law Across 26 Jurisdictions offers analysis on a host of employment law matters, ranging from hiring foreign nationals and business transfers to wages, annual leave and working time.
In the past year or so, several disturbing, highly-publicized incidents of violence and sexual offenses against women have taken place in India. The Indian government has responded by, among other things, instituting a comprehensive statutory program to prohibit sexual harassment in the workplace. While many aspects of the statute are familiar concepts in the US, […]