Is an Independent contractor an ‘Employee’ under the EPF Act? – Review of a Recent Judgment of the Karnataka High Court
It is an industry practice to engage persons on contractual basis, particularly where the work is clearly delineated and the relationship is closed ended, with a consolidated payout made to such person depending on completion of the work done etc. Such arrangements also envisage non-exclusive freelancer-like engagements, with the person so engaged being free to enter into other contracts and serve several clients/ organisations simultaneously. A legal conundrum arises as
Reduction in Workforce in India: A Legal Perspective
Introduction As the world continues to grapple with the aftermath of the pandemic, the global economy has been hit hard, with businesses across various sectors struggling to stay afloat. The recent conflict between Ukraine and Russia has only added to these challenges, causing an economic slowdown and increased job insecurity worldwide. This has impacted the Indian Labour market wherein companies have already started downsizing their workforce. The IT and ITES
Navigating the Complexities of Overtime in the Indian Workplace
Introduction As India continues to progress on its development journey, it has seen significant advancements in key sectors such as Information Technology, Infrastructure, Automobile, and Agriculture among others in recent years. The government in the process of uplifting the standard of living of its population has put in place several policies and enactments to promote growth and progress in these industries. Some jobs require employees to work overtime due
Pipped to the Post? – Consequences of non-performance on continued employment
Reductions in force (RIF) have seemingly become rampant, particularly in the IT/ITeS/BPO industries, with many companies letting go of their employees for the stated reason of poor employee performance. Recently, the Indian Edtech company Byju’s made headlines for issuing performance notices to 5000 employees for not meeting their sales target. On the same lines, earlier this year, Unacademy, also an edtech company, dismissed 150 employees in its sales and marketing
International Standards on Occupational Safety & Health – An Overview
The Union Labour Minister Bhupender Yadav stated that the Centre notified four labour codes in consonance with the norms set by the International Labour Organisation (ILO). The proposed four labour codes subsuming 29 existing labour laws have been notified by the Central Government between 2019 & 2020. In the interest of brevity, this article examines the norms set by the ILO with reference Occupational Safety, Health and Working Conditions Code,2020.
How can an employer handle failed BGV?
Background On 13th July 2022, the CEO and Managing Director of Dredging Corporation of India (DCIL), Mr. GYV Victor was suspended pending disciplinary proceedings against him on allegations of forgery. On investigation, it was found that Mr. Victor had suppressed facts (including material misrepresentation of facts) and made false claims in support of his experience in his application to the role advertised by DCIL. This incident unequivocally illustrates the importance