Standing Orders is the primary document for regulation of employment which contains the terms and conditions of employment and prescribes the rules of conduct for workers employed in an industrial establishment. The object of Standing Orders is to require employers in industrial establishments to formally define conditions of employment under them. The Current Scenario Presently,
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Category: Labour Law
Background With the introduction of the new labour codes, Fixed Term Employees (FTE) will be required to be provided with similar wages, allowances and other benefits as that of a permanent employee as a matter of right across all establishments. Earlier FTE’s were primarily regulated based on the terms and conditions stipulated in their contract
INTRODUCTION The majority of the working sector in our country is unaware of all the rights guaranteed under the different Labour laws, especially with respect to ‘Hours of Work’. India mainly has 2 laws that govern and regulate the working hours of employees/workers: The Factories Act – for factory workers The Shops and Establishments Act
COVID-19 Ground Reality The severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) popularly known as COVID-19, is a catastrophe that has adversely affected the lives of employees and employers across the globe. The functioning of a workplace has innately changed with a constant fear of the workforce being affected by the disease while being at work.
The tragic sight of lakhs of migrant workers painfully making their way back to their homes during the national lockdown last year shook the conscience of the nation. Several people questioned why there were no laws in place which could have compelled governments at the Centre and in the States, as well as employers, to
The Supreme Court of India, on the 12th of May held that The Building and Other Constructions Workers (BOCW) Cess is not payable in respect of supply of goods. In Uttar Pradesh Power Transmission Corporation Ltd. and Anr. Vs. CG Power and Industrial Solutions Limited and Anr. held that a contract that was for the
Most companies have been devising wage structure of their employees, basis their pay-out culture, employee category and at most, catering to tax implications on the employees. The usual norm has been to devise a Cost-to-Company structure, encompassing basic wages, variable pay-out, employee benefits and retirals. However, the same has not been free from loopholes, as regard compliance with various legislations concerning wages is concerned.
It is often a case of ambiguity for employers to decipher eligibility of employees for the payment of gratuity under the Payment of Gratuity Act. The Act stipulates that gratuity shall be payable to an employee on termination of his employment after he has rendered continuous service for not less than 5 years. It is
The Factories Act, 1948 regulates the conditions of work, i.e., safety, health & welfare of the workers in factories. It safeguards the interest of the workers. Worker, in the context of a factory, means any person who is employed in any manufacturing process or in premises used for manufacturing process or in any other kind of work
In the realm of employment law, the regime with regard to payment of bonus is often misconceived. The concept is erroneously considered as boon or gift and is described as an ‘ex gratia’ payment. However, bonus is not, as its etymological meaning would suggest, a mere matter of bounty gratuitously made by the employer to