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X v. Internal Complaints Committee
In this update, Partner, Poornima Hatti, Principal Associate, Nivedita Udupa and Associate, Sakshi Tyagi delve into the implications of a recent Karnataka High Court ruling, which establishes that a cab driver, even as a gig worker, qualifies as an "employee" under the provisions of the POSH Act.
Employment Law Update's/Newsletter: May 01, 2024 to August 30, 2024
In this issue, we bring you the latest developments and updates in the ever-evolving world of employment and labour law. This update covers key legislative developments, case law updates, industry trends / practices, and the status of labour codes between May 2024 to August 2024. We examine the latest trends in employment litigation, including high-profile cases and landmark judgments that are shaping the legal landscape.
Industrial Standing Orders: Exemption to the IT/ITeS Sector in Karnataka
In this update, Partner, Poornima Hatti, Principal Associate Nivedita Udupa and Associate Sakshi Tyagi delve into the recent notification that exempts certain industries, including the IT sector in Karnataka, from the compliances under the Industrial Employment (Standing Orders) Act, 1946. Samvad team outlines the mandatory requirements to be followed by these industries to avail this exemption for the next 5 years.
Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill 2024
In this article, Poornima Hatti (Partner), Nivedita Udupa (Principal Associate) and Sakshi Tyagi (Associate), delve into the implications and key issues arising from the review of the Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024.
Stone Hill Education Foundation V. The Union Of India and Others
This article discusses the recent ruling of the Karnataka High Court in the case of Stone Hill Education Foundation v. The Union of India and Ors. The Hon’ble court in this judgment, declared the provisions for ‘International Workers’ in the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 unconstitutional.
Employment Law Update's/Newsletter: January 01, 2024 to April 30, 2024
In this newsletter, Samvad brings you the latest legislative developments and judicial updates along with current industry trends with regards to introduction of new policies and initiatives.
The Posh Amendment Bills
This article discusses the proposed amendment bills to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 introduced in the Rajya Sabha. Authors examine the substitution of the local committee with the employment tribunal, the timelines to raise a complaint, the binding nature of the ICs directions, and removal of conciliation as a redressal option. The Article critically examines the proposed amendments in light of the Report on the Amendments to Criminal Law prepared by the J.S Verma Committee.
Brief on the notification of Section 4A of the payment of Gratuity Act
In this update authors delve into the key compliances and take-aways, arising from the notification of Section 4A of the Payment of Gratuity Act, 1972, by the Government of Karnataka. The notification makes it compulsory for all establishments that follow the state-specific rules of Karnataka to acquire gratuity insurance from a licensed insurance provider. The note also examines the relevance of the “appropriate government” under the legislation and the penalties for non-compliance.
Employment Law Update's/Newsletter: September 01 to December 30, 2023
In this newsletter, Samvad brings you the latest legislative developments and judicial updates along with current industry trends with regards to introduction of new policies and initiatives.
Judicial Update: Prevention of Sexual Harassment at the Workplace Laws in India
In this client update, we have provided an overview of the recent developments in relation to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
Employment Law Update March 2023 to August 2023
In this issue, we bring you the latest developments and updates in the ever-evolving world of employment and labour law. This update covers key legislative developments, case law updates, and the status of labour codes between May 2023 to August 2023. Among others, our update captures a series of circulars issued by the EPFO pursuant to the directions of the Supreme Court of India, a first of a kind gig workers bill issued by the state of Rajasthan, and updates on the movement in the Labour Codes. We examine the latest trends in employment litigation, including high-profile cases and landmark judgments that are shaping the legal landscape. Overall, this issue of our employment law updates, provides a comprehensive overview of the latest legal developments and trends in employment law. We hope it will be a valuable resource for employers and HR professionals looking to stay up-to-date on the latest legal requirements and best practices."
Employment Law Update January 2023 to March 2023
In this issue, Samvad brings you the latest developments and updates in the ever-evolving world of employment and labour law. This update covers key legislative developments, case law updates, and the status of labour codes between January 2023 to April 2023. Among others, the update captures a series of circulars issued by the EPFO pursuant to the directions of the Supreme Court of India and updates on the movement in the Labour Codes. The Samvad team examines the latest trends in employment litigation, including high-profile cases and landmark judgments that are shaping the legal landscape. Overall, this issue of employment law updates provides a comprehensive overview of the latest legal developments and trends in employment law. We hope it will be a valuable resource for employers and HR professionals looking to stay up-to-date on the latest legal requirements and best practices.
Impact of the Supreme Court case of EPFO and ORS. V. Sunil Kumar B. and ORS.On the Employee's Pension Scheme, 1995.
By way of Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”), the Government of India formulated the Employees’ Pension Scheme, 1995 (“EPS”), which seeks to provide a statutory pension to beneficiaries including widows, orphans, and retiring personnel of companies covered under the EPF Act.
Dual Employment or Moonlighting in India
‘Moonlighting’ or dual employment, refers to the practice of taking up a second job, often covertly, outside normal business hours, while continuing to be formally employed with another employer. In India, moonlighting is often perceived as a way of acquiring an additional source of income and improving one’s skillset, especially amongst certain categories of skilled employment.
All you need to know about anti-sexual harassment laws.
Our Partner, Ashwini Vittalachar recently authored an article on the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’. This was published in Your Story, a platform for start-ups and entrepreneur related stories. This forms part of a series of articles on various topics of interest to start-ups and entrepreneurs that will be published in the coming weeks.
Sexual Harassment at Workplace – Launch of Online Complaint Portal
Sexual Harassment at Workplace – Launch of Online Complaint Portal – To ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Ministry of Women and Child Development, has launched an online platform which provides a single window access to every woman, whether employed in the private or public sector, to facilitate the registration of a complaint related to sexual harassment at the workplace.
Payment of Wages Act – Salary Threshold Revised
Salary threshold for applicability of the Payment Wages Act, 1936, increased from Rupees Eighteen Thousand to Rupees Twenty Four Thousand per month, with effect from August 28, 2017
Cost and Fee Allocation in Civil Procedure – India Chapter
An interesting comparative law look at how different countries allocate court costs.
Amendments to the Employee Provident Fund Scheme
Amendments to the Employee Provident Fund Scheme, 1952: Idle EPF Account to Earn Interest
Is Sexual Harassment at the Workplace Curtailing Women’s Growth?
An analysis of the judgement of the Supreme Court of India in Vishakha v. State of Rajasthan, and a critique of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Please click the link (https://www.palgrave.com/in/book/9781137547040#) where the e-book/chapter may be purchased.