No doubt, workers have fundamental right to form association and get themselves registered under Trade Unions Act, putforth their demands before management and act as a collective bargaining agent.
It is also true that there should be industrial peace in the industry but at the same time that can not be at the expenses of management right.
The unions can not unilaterally dictate terms in the...Read More
Can such employee be marked absent and not allowed to join duties if they refuse to give undertaking?
There appears no industrial dispute at this point as their names are very much on the rolls of the company and they have been marked absent and not paid wages because they did not give undertaking which was required.
Undertaking does not in any way change the service conditions. Though the...Read More
Gratuity amount of the employee who is retired can not be withheld on the ground that disciplinary proceedings are pending against him or her. There is specific provision in the Payment of Gratuity act, 1972 which deals with the forfeiture of Gratuity. Pending disciplinary proceedings are not a disqualification under section 4(6) of the Act.
Gratuity becomes payable as soon as employee...Read More
Employees are outraged. Companies nowadays like to monitor the performance of their employees with the help of data entry applications and tools that are limited to office space. In other words, only the professional side of an employee can be monitored for performance analysis, that would eventually determine things like bonus, appraisals, and promotion.
But now, many organisations are...Read More
Now that people have adapted themselves to remote working, will being asked to return to office bring about major changes in employee behaviour? Will dealing with behavioural changes in the workforce be the next major challenge for employers?
Many IT giants, such as TCS and Infosys are keen to call all their employees to the office. In fact, they are prepping to open their office starting...Read More
We can understand the difference from two angles.
One is Practical and another is Legal.
When it is seen practically, all work in the establishment for long duration doing sometimes same or similar nature of work with few exceptions but with difference in salary and benefits. It is difficult to ascertain the difference by seeing them at workplace but legally there is a difference.
Fixed Term...Read More
A senior programme manager at Apple, Ashley Gjøvik, alleges that she has been put on administrative leave for being vocal about the working condition in the Company, especially for women. She alleges that Apple has a very hostile work culture, which is not safe for women staff. When she spoke up about it and tweeted her concerns, she was sent on indefinite paid leave.
As per statements...Read More
Did you think that your nominee is the person, who will get all the money legally from your Life Insurance Policy and Mutual funds investments ?
Ha! That is exactly what you think if you are not aware of the legal aspects.
We assume a lot of things which sounds like they are obvious, but are not true from the legal point of view.
Today, we all concentrate on nominations in financial products....Read More
The loss of earning capacity has to be determined by taking into account the destruction or diminution of physical capacity as disclosed by the medical evidence and when it has to be seen to what extent such destruction should reasonably be taken to have disabled the affected workman of his class ordinarily.
Physical capacity is an important factor in the assessment of loss of earning...Read More
Nowadays due to pandemic situation and lockdown many industries are closing down. Now the question comes how to part with workers in such uncertain situation. Here are some check points & Law Points which every Employer & HR Personnel must remeber;
Retrenchment – Mandatory conditions to be complied to be on the right side of the Law;👨⚖
The law relating to retrenchment is stated under...Read More
