BENGALURU: Many Indian IT C-suite executives are joining direct competitors without any cool-off period. HR consultants say most would have non-compete clauses in their employment contracts, but that does not seem to bother them. Because such clauses are not enforceable in courts. There was a time when executives’ contracts had 6-12 months of non-compete obligations.… Continue reading Top IT executives join rivals, ignore cooling-off period
Granting relief to a State Police officer against whom a ‘desertion’ order was passed by his department on account of his absence from service (as he had to take care of his wife who was expecting a child), the Madras High Court has emphasised the need for paternity leave legislation in India. Highlighting the importance… Continue reading ‘Refusing Paternity Leave To Father Violates Child’s Right To Life U/Article 21’: Madras HC, Says India Needs A Law On This Subject
The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5… Continue reading Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court
The Jammu & Kashmir and Ladakh High Court has held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India. The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders… Continue reading Legality Of Award Passed By Labour Court Can’t Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court
Sexual harassment complaints in India’s top publicly traded companies have seen a significant increase of 70% during FY23 compared to the previous year, indicating heightened awareness and better reporting avenues, reports Mint. Key findings: A total of 755 cases were registered in FY23 across 23 of the 30 Sensex companies that have released their annual reports. This… Continue reading Sexual harassment cases in top Indian companies spike
The Bombay High Court recently held that the principal employer’s liability in case of accidental death/injury of contractor’s employee is limited to the compensation amount under Section 12 of the Employee Compensation Act and does not include penalty and interest for default. “…for failure to comply with statutory obligation on the part of the employer… Continue reading Principal Employer Not Liable For Interest/ Penalty On Delayed Compensation For Accident/ Death Of Contractor’s Employee: Bombay High Court
Excelsior CorrespondentSRINAGAR, July 12: The High Court has held that the Government can terminate a temporary employee from the services without holding detailed regular departmental enquiry against him and dismissed the plea of challenging the termination order against a contractual employee.The petitioner-Abid Ahmad Ganai had challenged the order and communication issued by the concerned authority,… Continue reading Temporary employee can be terminated without enquiry: HC
Be careful before you casually dash off another thumbs-up emoji: A Canadian court has found that the ubiquitous symbol can affirm that a person is officially entering into a contract. The ruling pointed to what a judge called the “new reality in Canadian society” that courts would have to confront as more people express themselves… Continue reading A Canada court rules that thumbs-up emoji counts as a contract agreement
The Supreme Court while hearing an appeal challenging the order of the Bombay High Court, dismissed the Appeal on the grounds of failure to establish the nature of the employee-employer relationship and inexplicable delay in filing the claim under the Workmen’s Compensation Act, 1923. A Bench comprising Justice Abhay S. Oka and Justice Rajesh Bindal… Continue reading Workmen’s Compensation Act: Proving Relationship Of Employee-Employer Is Essential: SC In Case Of Accidental Death
An employee so reinstated would have to prove that he was not gainfully employed during the relevant period in order to claim back wages, the Court said. The Supreme Court on Wednesday reiterated that an order to reinstate an employee back to service does not mean that the reinstated employee would also be automatically entitled… Continue reading Employee terminated from service not automatically entitled to back wages on reinstatement: Supreme Court
