August 9, 2013 IMC Journal – July – August – 2013 Latest Posts 10 trade unions threaten a general strike against labour laws, support farmers struggle All states/UTs expected to complete draft labour code rules by March Stock options filter down to junior staff in race for talent Social Security Code: First Step, PF Reforms Sexual harassment case cannot be closed on basis of compromise: Supreme Court India needs to implement labour codes : IMF Official Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC Principal Employer Can’t Escape Liability Under EC Act By Claiming Workers Were Through Contractor: Bombay HC Labour Court Can Issue Notice To A Party Which May Not Be A Party To Reference: Madhya Pradesh HC Reaffirms Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC Centre, states likely to review labour code rollout at December meet. Work from office better than work from home for mental health : Study Heard of unhappy leave? Everything you should know about the latest workplace trend Stamp Duty On Affidavits, Agreements, Related Documents Gets Costlier In Maharashtra When Can Official Superiors Be Liable For Abetment Of Suicide Of Employee? Supreme Court Explains There Is No Need Of Granting Hearing Opportunity To Delinquent Employee During Fact-Finding Inquiry: Orissa High Court Karnataka HC says cab drivers are company employees, fines Ola Rs 5.5 lakh under PoSh Bombay HC Clarifies Legal Consequences of Forwarding Objectionable Content on Social Media Employer’s duty to protect mental health of employees: What the labour laws say Probe into EY India’s office after worker’s death finds it lacked labour welfare permit Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn’t Filed : Supreme Court Onboard gig workers on e-Shram portal in 3 months: Centre tells platform aggregators Benefits for gig workers may trickle in before social security code launch Contractual Employee Not Entitled To Regularization Merely Because He Continued Beyond The Term Of His Appointment : Madhya Pradesh HC Mumbai: NCDRC Criticises ESIC Officials For Negligence, Orders ₹50 Lakh Compensation Over Woman’s Death Centre launches portal to register and monitor sexual harassment complaints of women at workplace Sexual harassment complaints at companies see sharp rise ProProlonged Delay In Departmental Inquiries Unacceptable: HP High Court Quashes Case Against Retd Officer Accused Of Using Fake Caste Certificate Govt collaborating with states, unions, corporates for labour code implementation: Labour Ministry Complaint U/s.29 Of Industrial Disputes Act Must Contain Specific Pleadings Regarding Breach: Supreme Court Govt to form a core group to integrate multiple data sources on employment generation After backlash, Karnataka puts job quota-for-locals bill on hold Gig workers find it tough to assess advance tax payment Karnataka Cabinet clears Billmandating 50% reservation for locals inmanagement jobs and 70% in nonmanagement positions Transfer Cannot Be Stayed Merely Because It Is Found To Be ‘Exceptional’: Bombay HC Sets Aside Stay On Transfer Of Indian Express Employee Seminar on Labour Law and HR Practices “Moonlighting, Flexi Hours and work from Home” March 6 -2024 Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court More Firms Nudge their Employees to Work from Office Human Resource Industry Summit 2024 Nashik Seminar – 14.06.2024 Labour Codes: Secy to meet officials to take stock of state rules Coalition govt at Centre may not hinder labour code implementation Do international employees still have to make EPF contributions after Karnataka High Court ruling? Rising cost of having baby pushes insurance demand Government exploring options to roll out labour codes Inclusion of foreign workers in PF unconstitutional: High Court Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court Employee Supervising Activities Of Persons Who Are Not Direct Employees Of An Establishment Does Not Cease To Be Employed In Supervisory Capacity: Bombay HC Acceptance Of Resignation Results In Termination Of Employment, Non-Communication Of Acceptance To Employee Immaterial: Supreme Court Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal’s Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman Employee-Employer Relationship Must Be Undisputed To Maintain Proceedings Under Contract Labour (Regulation & Abolition) Act: Bombay HC Person At Managerial Or Supervisory Role Is Not ‘Workman’ Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court ‘Slapping superior is grave’: HC overturns 2012 tribunal order Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court Wage ceiling under EPFO may be raised to ₹21k [Workman definition] Supreme Court holds: Absence of power to appoint or dismiss employees does not negate managerial role Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner’s Death: Supreme Court Employee Can’t Dictate Terms Of His Employment To His Employer; Competent Authority’s View Within Organization Prevails: SC Labour Codes May Top New Govt’s 100-Day Plan Cos enlist firms to run moonlighting checks Directors Cannot Be Criminally Liable Merely Because Of Their Position In A Company By The Principle Of Vicarious Liability: Punjab & Haryana HC Maharashtra Labour Welfare Fund(Amendment) Act, 2024. Can’t take lightly’: Dismissal of workman frequently using abusive language not disproportionate, rules Karnataka HC IMC – Chamber of Commerce and Industry – SEMINAR ON LABOUR LAWS AND HR PRACTICES – Workman Using Abusive Language Can’t Be Treated Lightly, Punishment Of Dismissal Not Disproportionate: Karnataka High Court How Should High Courts Deal With Prayers For Grant Of Interim Relief? SC Issues Guidelines While Overruling Asian Resurfacing Judgment Cannot deny full maternity leave, even if not on contract: Govt’s first equal opportunity policy for transgender persons Salary hikes likely to remain flat this year Can An Employee Withdraw Prospective Resignation Before It Becomes Effective? Supreme Court Explains Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court Starts Hearing Labour Law Practitioners’ Association, Pune Seminar 2024 – Advocate Sundeep Puri Cos Willing to be Flexible while Bringing Staff Back to Offices Karnataka Compulsory Gratuity Insurance Rules, 2024 Domestic Staff may Get Minimum Wage, Pension Align norms with Centre’s labour codes: Govt to states Employer Who Resorts To Illegal Closure Of Establishment Cannot Urge That Workmen Must Prove They Were Not Gainfully Employed: Bombay HC HC upholds sacking for anti-company hate on FB No Bar for an Employee Seeking a Second Maternity Benefit Within a Period of Two Years From the Grant of the First Maternity Benefit: Allahabad Hotel liable for vehicle theft from parking: SC Inclusion Of LGBTQIA+ In Definition Of “Aggrieved Woman” Would Dilute And Denude Principal Objective Of Sexual Harassment Regulations: Supreme Court Supreme Court orders hospitals, sports institutes, stadiums to establish internal complaints committees to report sexual harassment Top IT executives join rivals, ignore cooling-off period ‘Refusing Paternity Leave To Father Violates Child’s Right To Life U/Article 21’: Madras HC, Says India Needs A Law On This Subject Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court Legality Of Award Passed By Labour Court Can’t Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court Sexual harassment cases in top Indian companies spike Principal Employer Not Liable For Interest/ Penalty On Delayed Compensation For Accident/ Death Of Contractor’s Employee: Bombay High Court Temporary employee can be terminated without enquiry: HC A Canada court rules that thumbs-up emoji counts as a contract agreement Employee terminated from service not automatically entitled to back wages on reinstatement: Supreme Court Workmen’s Compensation Act: Proving Relationship Of Employee-Employer Is Essential: SC In Case Of Accidental Death Committee appointed to examine wage ceiling under ESI Act Industrial Disputes Act: Burden To Prove ‘Workman’ Status Is On Employee, Not Management, Rules Gauhati High Court Roll-out of labour codes unlikely before 2024 polls Employee Management-Modern Days Challenges and Solution In Labour Cases, Workers Should Furnish Their Own Permanent Address Instead Of Union’s; Service Of Notice Should Be On Worker : Supreme Court EPFO seeks Centre’s nod to extend time till May 4 for claiming higher PF pension Seminar on “Employee Management-Modern days Challenges and Solution” February 15, 2023 IMC – Seminar on “Employee Management – Modern Days Challenges and Solutions” Chhattisgarh CM Bhupesh Baghel announces unemployment allowance Labour Min Weighs Shift from Minimum to ‘Living’ Wages THIS Indian company sets new working trend! You’ve to pay Rs 1 lakh fine if you disturb your colleague during off days Fate of labour codes hangs in balance as states head for polls Leave Travel Concession Is For Travel Within India; TDS To Be Deduced From LTC If Foreign Visit Is Involved : Supreme Court Supreme Court Issues Notice On Challenge To ESIC Decision To Extend ESI Benefits To Workers Engaged At Construction Sites Hybrid work without mgmt trust can hurt performance PM Modi hails National Labour Conference of Labour Ministers ESIC to cover entire India under ESI Scheme by year-end Decriminalisation of labour penalties relieves employers Employers in Australia warn against further minimum wage raise Any Step Taken By Employer To Reduce Monetary Benefit Must Be Under Authority Of Law – Supreme Court All states, UTs except four are ready with draft rules to roll out labour codes Modi govt trades less in-hand salary for fat PF, may increase work hours Disciplinary Proceedings – High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court Labour Courts Cannot Overturn Management’s Decision On Mere Hypothesis : Supreme Court ID Act – Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : Supreme Court Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal: Supreme Court Labour Codes, Jobs Top Priority: New Labour Minister Bhupender Yadav Labour Codes Will Miss July Date As States Aren’t Ready, Govt Target Now 1 Oct: Gangwar IMC – Conference on Latest Supreme Court Judgement on Provident Fund – 28th March 2019 Housing society not an industry even if it earns profit: HC IMC Journal – July – August – 2013
