Can Management ask employees to give undertaking to comply with social distancing, wear mask, maintain discipline and give full production?
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 facts of a case are not exactly the same but similar to some extent where Industrial Tribunal, Bombay, in the case of Vishnu Tulsiram and Others vs. Metal Press India Bombay, has held that.
Keeping the workmen out of the factory premises unless they give the required undertaking did not amount to termination of their services or punishing them. It was upto the workmen to give the undertaking and to enter the factory. If they did not give the undertaking and consequently did not work, the employer can not be said to have wrongly marked them absent.
The undertaking demanded by the employer did not amount to alternation of the rules as there were no existing rules. Marking the workmen absent and depriving them of their wages did not amount to introduction of new rules of discipline.
The undertaking asked by the employer is legal and effective and there is no contravention of Section 9-A. More such guidelines are also mandated by the Government to follow keeping in view the Covid Pandemic.
By Dayanand N. Mangaonkar
Read MoreCall centre company plans to install CCTV at homes to monitor performance
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 drifting from the standard path to see how their employees are performing.
Employees at one of the biggest call centre companies in the world have expressed outrage after being told to install cameras in their homes to monitor their work performance.
According to reports, the company pressured the workers to get cameras installed and also wanted to monitor them via voice analytics and storage data collected from family members.
By Dayanand N. Mangaonkar
Read MoreNational Pension scheme for Traders, Shopkeepers and Self- Employed Persons
After attending the age of 60 Years, any Trader, Shopkeeper and Self employed persons can get Minimum Pension of Rs.3000/- per month .
Notification regarding the same
Read More
Shower of blessings on Halima Sohail speech on the day of Inauguration
The most beautiful feeling in the world, when your daughter receives more appreciation than you. It’s a pleasure moment specially when it receives in early age.
Halima studying in 9th Standard in NCERT board at Sanskar Bharti Vidyalay, Surat.
It was great surprise to me too when I saw her gestures and confidence, the Welcome speech was shaped by my senior and leading Labour Law Advisor of Mumbai Mr. Dayanand Mangaonkar. https://youtu.be/mhk4W303liU (link of Speech )
I have received shower of blessings and words of appreciation for Halima on social media from number of well-wishers, few messages are mentioning hereunder;
- 👌🏻👌🏻👌🏻she is genius – Mr. Dayanand Mangaonkar
- 🙂👍so proud of you. The way you nurtured her. Really let me tell you all were stunned the way she read and expressed with fluent English accent. 🙂👍my wishes to her future studies and career. She will always grow. When she has a lion-hearted father behind her🙂👍- Mr. Prakash Mahadik
- Sohil bhai this was the best part of the inauguration ceremony, this are the golden words which will be in our heart always 😊 – Mr.Rohan Saple
- One of the boldest and confident speech I have ever heard. Just fantastic. – Mr.Hiral Chheda
- May She stay blessed – Mr. Anil Ranga
- ماشاء الله NICE SPEECH, Lucky to have so talented daughter – Mr. Anas Maniar
- Halima bitiya is a Diamond of Sawani family – Mr. Shivratan Roongta
- Both speeches are tremendous and gives inspiration. – Mr.Niranjan Sarasia
- Very Confident – Mr.Naresh Patel
- God Bless her – Mrs. Ketki Lalka
- Ma Shaa Allah, So Nice – Mr.Yahya Noorani
- Superb speech …Best wishes for her Great future 👍🏻👍🏻 – Mr.Vikesh Darji
- Ma shaa Allah! Very Brilliant Speech – Mr.Iqbal Dada
- Hearty congratulations to halima very inspiring speech Nd she had addressed her speech with confidence and emphasized on material clinched issues, you are really blessed with precious gem in form of your beloved daughter Halima – Adv. Asha Ben Gupta
- Very Much perfect and to the point – Mr. Tejas Lalka
- My congratulations to your daughter. She truly is capable , confident , and courageous to give such a speech. You mr Sohil and your family are ” Kushnaseeb ” to have such a loving daughter like her . She is a good orator and brave to give a speech this long in front of many people. God bless her. – Mr.Rajubhai Marfatia
- She’s really talented and matured girl at her this age, May Allah bless her and fulfill her all dreams – Mr.Jatin Kenya
- Proud Moment – Adv.Vishal Lakdiwala
- Superb by her standards – Adv.Dipak Dave
- Heartiest Congratulations to you from my side, happy to see you on this forum with your beloved family – Ms.Amreen Unawala
- Good gathering. Nice and sweet presentation and vote of thanks by your beloved daughter. God bless her. I really appreciate and congratulate for your noble venture. Wishing you and your institute all the success. – Mr. Kunnath Ravindran
- Ma shaa Allah – Mr.Rafik Kaliwala
- Well done Halima…what a confident MashaAllah 👏👏👏👏 – Mrs. Fouzia Junaid
- Well-done halima Happy to see you and sahil bhai have beautiful thinking that girl should go abroad definitely v deserve this..- Ms.Amreen Unawala
- Masallah very nice speech..she deserves to be a part of sawani institute – Mr.Ashwad Pothiyawala
AAMEEN!
Myself and SAWANI Parivaar are really blessed to have a beautiful daughter Halima.. May almighty bless all of you with health, happiness and prosperity. Thank you very much for lovely wishes.
Sohail Sawani & Family
Read MoreInauguration of Sawani Institute on Sunday, 23rd February, 2020 at 11:00am
Schooling doesn’t assure employment but skills does and with a vision and mission in mind for imparting critical skills, detailed and practical understanding in Labour Laws and Behavioural Trainings amongst Indian population, founder member of Sawani Institute of Labour Laws & Skill Development Mr.Sohail Sawani, saw his dream come true on inauguration ceremony of Institute.
The most awaited and excited day for South Gujarat was risen On Sunday, 23rd February 2020.
The Chief Guest and Editor of Labour Law Reporter, Advocate Gaurav S/o H.L. Kumar flew to India from London on 22nd February late night, since he gave commitment to grace the inauguration event at Surat, he started journey to Surat from Delhi on 23rd early morning at 4:00am, he arrived Surat at 8:20am, he has marked his presence at venue before time and started assisting our team in a way that makes other people feel comfortable. We found him amiable and humble.
Guests of Honour from Industries, Departments and Professionals arrived the venue well in time. Grand welcome was done at reception by founder and his family members, everyone was welcomed and felicitated with Institute Scarves by founder of the Institute.
All the dignitaries guided to 8th floor to Institute for ribbon cutting ceremony, they were again welcomed by Host Dr. Vijay Vyas, all one by one did watering for plants, a ritual and followed by ribbon cutting ceremony by Chief Guest Advocate Mr Gaurav Kumar and Chairman of GJEPC Shri Dinesh Navadiya.
Immediately after ribbon cutting, Institute website and Labour Law Courses were launched by SGTPA President, Shri Jitubhai Vakhariya. The website was opened for public now. The founder has given brief details on Courses and amenities of Institute. Chief Guest & Guests of Honour penned down their messages and feelings in visitor’s book.
At Ground Floor, sharp at 11:15am, The function started with National Anthem, followed by fantastic & powerful welcome speech by Ms. Halima Sawani (elder daughter of Mr. Sohail Sawani). Felicitation of Chief Guest & Guests of Honour was done by founder and his family members, mostly ladies by presenting mementoes.
It was followed by speeches of Mr. Sohail Sawani (Founder), Adv.Gaurav Kumar (Chief Guest), Mr.Jitubhai Vakhariya (SGTPA President), Mr.Dinesh Navadiya (GJEPC Chairman), Adv.S.K.Sharma (Notified Member of CBT, EPFO), Adv.S K Gupta (Supreme Court of India), Mr. Hiren Chheda and Mr.Vivek Mangaonkar (Leading Labour Law Councils, Mumbai) and then the function concluded at 12:15pm with wonderful vote of thanks by Ms. Aayesha Godil (Niece of Mr Sohail Sawani).
The dais shined up in presence of Advocate Gaurav Kumar, Shri P R Dave –Retd judge, Sh.SK Sharma (Advocate of Delhi High Court), Sh. Surendra Kumar Suri (chairman of ESI, PF practitioner’s association), Sh.Ketan Desai (Presi. Of Southern Gujarat Chamber of Commerce & Indus.), Sh. Dinesh Navadiya (Chairman of Gems & Jewellery Export Promotion Council Gujarat Region), Sh.Jitubhai Vakahriya (Presi. South Gujarat Textile Processors Asso.), Sh.Vinod Agrawal (V P-South Gujarat Textile Processors Association), Authorities from Labour Departments, Janab Maksud Godil (President Dhoraji Memon Jamat, Surat), Sh. Hiren Chheda (Leading Labour Law Consultant –Mumbai ) Sh. Dayanand Mangaonkar (Leading Labour Law Consultant –Mumbai ), Sh. Vivek Mangaonkar (Leading Labour Law Consultant –Mumbai ), Advocate SK Gupta (Supreme Court of India – New Delhi) ,
The audience were from Regional Media, Consultants / HR fraternities, Employers of Textile & Diamond Industries, Representative from Industrial and Builder Associations, Government officials from EPF, ESI, DISH, Labour, GLWF, Apprentice, Employment Exchange, Professional Tax, Labour Court, Bar council of Labour Court Surat, Clients of Sohail & Co., Professors from University and Colleges, Advocates and CA’s, Friends & Relatives
Energetic hosting was holding by Mr.Dayanand and Dr.Vijay Vyas, both of them captivated the audience.
Invited guests lined up in a big queue to greet and bless Mr. Sohail Sawani, Mr. Wasim Sawani & his family members, every one enjoyed lovely lunch and left with happy memories.
Read MoreMini object and Glance of Sawani Institute
Built to cater to the needs of a modern learning institution, the Sawani institute of Labor Laws is an ode to multi-functional design, evoking different emotions using the same spaces. Right from the material used to the smart and portable furniture created, everything in the structure is to make it a space where any number of people can comfortable interact for purposes like Conference, Seminars, Workshops, Interview and Trainings.
Its custom made designer walls were made to inspire every student and the different ambience was created to facilitate open minds while learning.
The entire space was conceptualized and developed by young and up-coming Interior Designers Ami Shah and Poojan Mehta who are leaving a mark in the Interior Design domain with their innovative ideas and precise, on-time delivery.
Read MoreWhy Sawani Institute ?
I, Sohail Sawani have been working from 2003 as Labour Law Consultant. Since then I have been rendering services to various industries including Textile, Diamond, Construction, Corporates, Chemicals, MSMEs, Contractors, Government and Semi Government Establishments etc.
During my interactions with organizations, I realized that there is very less awareness about Labour Laws and compliances thereunder. This leads to lot of hurdles while attending concerned government authorities.
There have been many cases where Industries and Employers have suffered a lot in terms of Time, energy, Credibility and Financial losses due to lack of awareness about obligations under Labour Laws.
Such instances would not have happened, if concern team of Establishment was well aware about detaiiled and practical knowledge under various Labour Laws.
Industries and Employers’ have also raised their concerns about this skill deficit during my interaction through various platforms such as
- Southern Gujarat Chamber of commerce & Industries
- Surat Diamond Association
- Gem & Jewelry Export Promotion Council
- South Gujarat Textile Processors’ Association
- The Surat art silk cloth manufactures Association
Additionally, while working with associated professionals like Chartered Accountants, Lawyers etc. I see an emphasis from them to have a formal or informal education and certification institute similar to what they have.
Also, while interacting with the college, university and students, I realized that despite of having labour laws as part of their curriculum, it does not meet the current need of the Industries/ Employers, which leaves a major skill gap.
Further, in view of recent steps taken by the Government of India towards ease of compliances and technical advancement, we have observed that there is huge gap in the current skill set and current resources needs to be immediately upskilled to met with the amendments. Also, there needs to be a platform which keeps them aware with future amendments and regulations.
If you look to western world, there is a common concept of Trade Schools which acts as platform to educate individuals to meet the requirement of Industries, However, In India we do not have such platforms.
In view of above scenario and to bridge the human capital gap, we conceptualized the idea of an Institute and that’s how SAWANI INSTITUTE of Labour Laws & Skill Development of formed.
Vision & Mision
To impart critical skill, detailed and practical understanding in Labour Laws and Behavioural Training amongst Indian population.
Key benefits of SAWANI INSTITUTE
- More than 50 Eminent Speakers from PAN INDIA including
- Retired Judge of Industrial & Labour Court of Gujarat
- Advocates of Supreme Court of India
- Advocates of Gujarat, Bombay and Delhi High Courts
- Retired Additional Commissioner of Labour, Gujarat
- Retired Joint Director of Industrial safety & Health
- Eminent and Leading Labour Law Consultants
- Useful practical case studies for reference
- Placement Assistance
- Interaction with Government Officials
- Industrial visit for Beginners
- Certificate of completion
- Soft and Behavioral Skill Training
- Live training on ESI/ PF/ PT/ GLWF web portals
- Civil & Criminal Laws
- Advance Excel & Email etiquette
- Computer and Anti-hacking training
Based on the research we did on the Industry and considering their needs, we have launched multiple courses to cater to various level of individuals.
Our Courses with Study Material :
- Certificate Course on Labour Laws (Beginners)
03 months, 06 sessions on 3rd and 4th Sunday,
Time 10:00 am to 1:00 pm including high Tea,
Investment: 5000/- (Installment facility is available)
Who should Attend : Any freshers / students including Graduate, Under Graduate, MA (HRD), MBA (HR), LLB
Course Highlights : History of Labour Laws, Basic Known-How of the Labour Laws, Complete understanding of Labour Laws and many more. - Certificate Course on Labour Laws (Advance)
03 months, 06 sessions on 3rd and 4th Saturday,
Time 2:30 pm to 5:30 pm including high Tea.
Investment : 10,000/ – (Installment facility is available)
Who should Attend : Junior Manager, HR Executive, Legal Officers, Compliance Executives, Accountants, Time Keepers, MSME Owners.
Course Highlights : End to end compliances under major Labour Laws including EPF Act, ESI Act, Factories Act, Minimum Wages, Bonus, Gratuity, Maternity Benefits, Employees’ Compensation Act, GLWF, PT, Contract Labour Act, Sexual Harassment of women at workplace Act. etc. Upcoming Labour Codes and many more. - Certificate Courses on Labour Laws (Masters)
03 months, 06 sessions on 3rd and 4th Saturday,
Time 10:00 am to 1:00 pm, including high Tea,
Investment : 15000/ – (Installment facility is available)
Who should Attend : General Managers, Head HR, Liasioning officer, Legal Head, Senior Compliance Executive, MSMS Owners, Head Accountant.
Course Highlights : Practical training on effectively dealing with Regular / Surprise Inspections, formalities during Fatal / Non-fatal accidents, dealing vexatious complains, quasi – judicial enquiries, departmental correspondence, Upcoming Labour codes, Investigation under sexual harassment, Treatment under ESI and many untouched knowledges and many more. - Live Training Course on ESI / PF / PT / GLWF :
01 full day
Time 10:00 am to 6:00 pm including Lunch and high Tea
Investment : 3000 / –
Who should Attend : Everyone.
Course Highlights : Complete training on ESI / PF / PT / GLWF web portals and many more.