The Delhi High Court has ruled that employment contract clauses restricting an individual’s right to seek new employment after leaving a job are void, citing Section 27 of the Indian Contract Act. The verdict delivered on June 25 by Justice Tejas Karia, was in a case concerning a software developer whose previous employer attempted to… Continue reading Non-compete clause can’t restrict employee’s right to employment after termination, says Delhi High Court
The Supreme Court upheld the validity of a bond clause in an employment contract, allowing a Public Sector Bank to recover ₹2 lakhs from an employee who resigned before completing the mandatory three-year service period. The Court held that exclusivity clauses in employment contracts (requiring minimum service period) are legally permissible and do not fall… Continue reading Employment Bond Valid, Doesn’t Violate S.27 Contract Act’ : Supreme Court Upholds Rs 2 Lakh Penalty For Premature Resignation
Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C(2) of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. The court clarified that a “cease and desist” direction in an order declaring a transfer illegal does not automatically create monetary entitlements. Furthermore, it… Continue reading Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act
It is with immense gratitude, I acknowledge the contribution of LLPA for the Unveiling of the Portrait of my father Late Advocate S. D. Puri
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The Supreme Court examined the issue of forfeiture of gratuity in cases where employees are terminated for misconduct involving moral turpitude. The Supreme Court held that conviction in a criminal proceeding is not a necessary requirement for forfeiture of gratuity, if the misconduct alleged & proved against employee constitutes an offence involving moral turpitude. The… Continue reading Criminal Case Conviction Not Necessary For Forfeiture Of Gratuity If Employee’s Misconduct Constitutes An Offence Involving Moral Turpitude: SC
The Ministry of Labour and Employment has identified nine key labour reforms within the existing Acts and is nudging states to implement those ahead of the impending rollout of the Labour Codes. These include enhancing the quarterly limit on overtime work hours to 125 hours from 75 hours under the Factories Act, 1948; increasing the… Continue reading AHEAD OF LABOUR CODE ROLLOUT-States Told to Implement Nine Key Labour Reforms
The ministry of labour and employment will come up with a targeted action plan to give comprehensive social security coverage to all workers, introducing labour reforms, enhancing the ease of doing business for employers and decriminalisation of certain provisions of the labour laws to benefit all stakeholders. A decision to this effect was taken at… Continue reading Social Security for all Workers, Labour Reforms in Works
The four labour codes passed by Parliament during 2019-20 seek to usher in investment-friendly legislation and social security frameworks for newer forms of employment, such as gig workers, in the country long hobbled by a web of archaic and complex employment rules. New Delhi The Centre is likely to implement the long-pending labour codes by… Continue reading Centre likely to roll out labour codes by early next financial year
In meeting with Nirmala Sitharaman, they call for repeal of the four codes; pro-government Bharatiya Mazdoor Sangh, however, asks Minister to notify the rules of at least two labour codes. A platform of 10 central trade unions from the Opposition camp has warned the Centre that it will call a general strike if the Centre… Continue reading 10 trade unions threaten a general strike against labour laws, support farmers struggle
