No! Such practice of giving repeated breaks and engaging casuals again and again to avoid their permanency is a clear case of Unfair Labour Practice. Termination of such casuals will amount to retrenchment and if not executed by complying relevant provisions of the Industrial Disputes Act, 1947, it is bound to be declared illegal and such casuals in all probabilities will be awarded...Read More
Casual employees engaged for maintenance of guest house to be covered by ESI Act…… Mad HC
pujari in a temple is not a ‘Workman’…….. Raj HC
An employee will be ‘Workman’ when management has failed to show that he was sanctioning leave, issuing gate pass and granting overtime of any worker…….. Cal HC
Termination of a workman, without holding proper enquiry and proving guilt...Read More
Yes! Employer will be within his rights to adjust the outstanding amount of advances and loan from the full and final dues. Madras high Court in the case of Rajapalayam Mills Ltd. vs. Labour Court, Madurai, has also held so.
The employee challenged the adjustment under Payment of Wages Act as illegal deduction. Court said that after resignation, relationship of employer and...Read More
At one point of time, certain controversies have arisen regarding retrenchment compensation. In one case the Bombay High Court has held that retrenchment compensation should be calculated as if a month comprises of 26 days. The Madras High Court also followed the same.
However, the Calcutta High Court while considering both the judgments has clarified by holding that the retrenchment...Read More
Zerodha to pay bonus to staff for physical fitness
Zerodha, the financial services company, has come up with a unique strategy to get its employees to meet their health goals and become fitter.
The Company realised that the pandemic-imposed sedentary lifestyle, physical inactivity and work-life imbalance had led to the deterioration of its employees’ fitness levels.
To get the employees to...Read More
Companies will now be allowed to provide share-based employee benefits to employees, who are exclusively working for such a company or any of its group companies including a subsidiary or an associate.
Earlier this month, the Securities and Exchange Board of India approved the merger of the SEBI (Share Based Employee Benefits) Regulations, 2014 (SBEB Regulations) and the SEBI (Issue of...Read More
The Government is looking to resume formal negotiations with trade unions to ensure the smooth roll-out of four labour codes and other related policy steps. A senior labour ministry official said Union labour minister Bhupendra Yadav held a “courtesy” meeting with a dozen central trade unions recently.
Yadav, who took charge in July, has told the unions that they can hold further...Read More
Authority for Advance Ruling (AAR) has ruled that wherever canteen expenses are majorly taken care of by the employer and the employees are required to pay just a nominal amount towards the same, no Goods and Services Tax (GST) would be charged on such recoveries. Simply put, no GST can be charged on the nominal payment made by staff for using canteen facilities provided by their employers....Read More
First understand what all Labour Laws are applicable to the organisation (mainly manufacturing unit).
Then what all to check imp points under various Labour Law:
1) Factories Act:
A) Valid Factory License and its renewal on time.
B) Annual Returns submitted on time. Check details filled in Returns are properly mentioned against with it’s supporting.
C) Half Year / Monthly returns...Read More
Such employee can be terminated treating him as a probationer. Such employee will not be deemed as permanent.
Completion of probationary period or continuous working after that would not mean automatic confirmation in service. Non issuance of formal letter of extension of probation period, and mere completion of probation period would not lead to automatic confirmation. It has been so held by...Read More
