There are no other parental leave rights that are required to be observed by employers, besides the benefits prescribed under the Maternity Benefit Act. Though not statutorily mandated, employees may be allowed flexibility in working conditions at the discretion of their employer. Indian labour laws do not provide for automatic transfer of employees pursuant to a business sale, without obtaining consent of the employees.
In a share sale scenario, the acquisition of shares by a buyer will not result in any change in employer and only the shareholding pattern of the entity will change. Therefore, there will be no employee consent requirements in the extant scenario. How does a business sale affect collective agreements?
As mentioned in question 5. How long does the process typically take and what are the sanctions for failing to inform and consult? The duration of the consultation process with employees will be subject to the nature of the transaction and the number of employees within the scope of the transaction. While there are no statutory sanctions for failing to consult with the employees, if the employees do not consent to the transfer of employment to the buyer, then they shall continue to remain on the rolls of the seller.
How is the notice period determined? Except in case of termination of employment for misconduct, an employer is mandated to provide notice of termination or salary in lieu of notice to the concerned employee. The notice period for dismissal of non-workmen will be determined as per the terms of their employment contract.
Yes, an employer may require employees to serve a period of garden leave during the notice period, in accordance with the employment contract of the employee. In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
All dismissals on grounds of misconduct must be superseded by a domestic enquiry conducted in accordance with the principles of natural justice.
The employee must be given a reasonable opportunity to be heard as part of the enquiry process. If the services of a workman who has completed continuous service of at least one year are terminated on grounds other than misconduct, in addition to Notice of Retrenchment, as mentioned in question 6.
Further, retrenchment compensation equal to 15 days average pay for each completed year of continuous service or any part thereof in excess of six months Retrenchment Compensation shall be payable to the workmen. In addition to the protection afforded by the ID Act to workmen, the Maternity Benefit Act also prohibits dismissal or discharge of women during their maternity leave.
Are employees entitled to compensation on dismissal and if so, how is compensation calculated? An employer may dismiss an employee for reasons relating to the individual, such as misconduct or unsatisfactory performance, subject to a duly concluded disciplinary enquiry as mentioned in question 6. An employer may also dismiss an employee for business-related reasons such as role redundancy, restructuring or closure, by following the procedure prescribed under the ID Act and the respective employment contract.
What are the remedies for a successful claim? An employee may bring forth a claim of wrongful termination if the appropriate procedure is not followed for termination of his services.
Employers may settle employee claims at any time after they are initiated. For claims raised by workmen, employers may record the terms of settlement by way of a settlement agreement. An employer with a workmen headcount of more than is required to obtain prior permission of the appropriate government for dismissing workmen. Further, the employer shall ordinarily be required to retrench the workman who was the last person to be employed in a particular category.
If an employer does not comply with the procedure prescribed under the ID Act for mass dismissals, the concerned workmen may raise an industrial dispute with the appropriate authorities. The Indian Contract Act stipulates that an agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. A restrictive covenant, such as non-compete, extending beyond the term of service is void, irrespective of reasonability of such restriction, except in cases involving sale of goodwill.
However, covenants with respect to non-solicitation or non-disclosure of confidential information, may be enforced post-termination of employment, for a reasonable period of time. There are no statutorily prescribed payments in lieu of restrictive covenants. However, in order to protect its business interests, employers may make payments to the employees to ensure that they adhere to such restrictive covenants. However, in the event of breach of restrictive covenants by the employees, recovery of such payments may pose a challenge.
For enforcement of restrictive covenants post-termination of employment, employers may approach civil courts to obtain an injunction against potential or further breach of restrictive covenants by employees or ex-employees, as the case may be. However, the onus of proof in respect of any breach of restrictive covenants is on the employer. Can an employer transfer employee data freely to other countries?
Yes, as per the SPDI Rules, employees have a right to obtain copies of any personal information pertaining to them, held by the employer. However, it is common for employers to conduct a background check on educational documents, prior experience letters, past employers and criminal records.
There are no laws in India regulating use of social media by employees. Accordingly, an employer may frame internal policies to regulate use of social media by employees during work hours and within the workplace. Is conciliation mandatory before a complaint can proceed? Does an employee have to pay a fee to submit a claim? A workman can raise a dispute directly before a Conciliation Officer in case of discharge, dismissal, retrenchment or any form of termination of service.
Practical functionality and implementation of certain provisions such as toll-free helpline, electronic database for migrant workers and related compliance measures may however, remain subject to the proactivity of the policy makers in directing the information received through such avenues to proper channels.
We take this opportunity to congratulate the Indian government for their stupendous efforts towards codification of Indian labour laws. We sincerely hope the codes fulfil the promise of ease doing business in India and at the same time ensure benefits and protection for the workers, thereby ensuring that the Indian economy succeeds and thrives in a post-Covid world.
Effective date of applicability yet to be notified. It was subsequently passed by the Rajya Sabha on September 23, , thereafter received Presidential assent on September 28, The Code was published in the government official gazette on September 29, It was published in the government official gazette on September 29, It was subsequently passed by the Rajya Sabha on September 22, thereafter received Presidential assent on September 28, Ajay has been advising a wide range of high-profile multi-national and domestic clients on complex Indian employment law issues.
Ajay also advises and assists NASSCOM, a leading industry body for information technology companies in India, in their initiatives to bring about employment law reforms in the industry. Archita is based out of the Mumbai office of Nishith Desai Associates. Archita is specialized in labour and employment laws and has been advising clients on a wide range of employment law matters. She has been involved in various matters relating to workforce management and re-structuring, compensation and benefits, reductions in force, Sayantani is based out of the Bangalore office of Nishith Desai Associates.
Prior to her engagement with Nishith Desai Associates, she has worked with Hindustan Petroleum Corporation Limited dealing with labour and employment related matters. Sayantani specializes in labour and employment laws and has been advising clients on a wide range He has been employed with the firm since over 22 years.
He advises leading technology, media and financial services sector companies in drafting and negotiating employment contracts; non- disclosure Skip to main content. New Articles. Swirsky and Adam S.
Villalobos and Ayumary M. Tea and Kelsi E. Heiden and Audrey R. Congress Passes Wochner and Laurie B. Walsh Jr and Jeffery R. Swor and Rachel L. Kennedy, Jr. Rinearson and Andrew M. Adler What is an organization required to do in Europe if it engages in Zetoony Computing on the Edge by: Robert M. Kamer and Aubrey A. Slack and Peter A. They should have allowed two shifts of 8-hours each instead, she said, so that more people can get a job.
Both Srivastava and Kapoor said this move and the resulting fall in wages will further depress the overall demand in the economy, thus hurting the recovery process. Moreover, beyond labour regulations, firms faces a lot of other hurdles like the shortage of skilled labour and the weak enforcement of contracts etc.
Click here to join our channel indianexpress and stay updated with the latest headlines. Nushaiba Iqbal Home Explained Explained: What labour law changes by states mean Explained: What labour law changes by states mean Last week, a number of state governments made key changes in the application of labour laws. What are the labour laws in the country, and how can such changes impact firms, their workers, and the economy? ExplainSpeaking: Are Indian labour laws as inflexible or pro-worker as is often claimed?
What are Indian labour laws? Explained: The Char Dham road debate Covaxin is The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards. Earth's first landmass emerged in Singhbhum: study Why North Chennai is worst-hit in this year's rains. Best of Express Cities Delhiites advised to limit outdoor activities as air quality nears emergency levels Army to grant Permanent Commission to women officers post SC warning Entertainment Special Ops 1.
Technology FlexBike review: The smart ride to fitness. It's about politics Opinion India's Dhamma traditions can show way towards post-pandemic life.
0コメント