Karnataka Maternity Benefit (Amendment) Rules, 2019: Thought out but not thought through

The Karnataka Maternity Benefit (Amendment) Rules, 2019, brought into force on August 8, 2019, have introduced Rules 6(A), 6(B), 6(C) and 6(D) which mandate every employer to provide and maintain a creche, in consonance with Section 11A of the Maternity Benefit Act, 1961.[1]As amended by the Maternity Benefit (Amendment) Act, 2017 It lays down several …

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POSH Alert | OCT 2019 : Conducting An Inquiry (Part – 1)

We bring to you a three-part series on the nuances of conducting an Inquiry into a sexual harassment complaint. This edition will provide a commentary on the general guidelines. The subsequent editions will provide further insights. The Internal Committee (IC) is bound to make an Inquiry into the complaint of sexual harassment upon receipt of …

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Supreme Court’s PF Judgment- An Increased Possibility of Prosecution

The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) mandates every employer employing 20 or more persons to pay contribution in respect of members of the EPF Scheme employed by him directly or through a contractor. The Supreme Court of India in its recent judgment[1]RPFC(II) West Bengal vs. Vivekananda Vidyamandir & Ors. 2019 …

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POSH Alert | Sep 2019 : Prerequisite Traits for nominating IC Members

Under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Act”), the Internal Committee (“IC”) is the Redressal Mechanism empowered with the powers of a Civil Court for resolution of sexual harassment complaints. With such enormous powers vested, the biggest challenge before the employer is to nominate Internal Committee members whose responsibility …

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Security Service Providers – Compliance Trends

Security service providers perform a critical function in ensuring that the industry and its human and physical assets are kept safe. The operations of security service providers are governed by the Private Security Agencies Regulation Act, 2005 (PSARA). Labour law compliance is of utmost importance and adherence to the PSARA Act and several other applicable …

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POSH Alert | Aug 2019 : Roles and Responsibilities of IC Members

The purpose of constituting an Internal Committee as envisioned and prescribed per the law on Prevention of Sexual Harassment at Workplace is to create a healthy working environment that enables employees to work without fear or prejudice, gender bias and sexual harassment. The Internal Committee members are responsible and accountable for the role they play. …

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Code on Wages, 2019 – Impact on the Indian Industry

Background and Intent

India’s labour laws were formulated and adopted during the pre and early post-independence days. At the time, these laws were written to govern factories and industries, which was the need of the day. These laws were archaic and did not meet the needs of modern day enterprises. Most of the labour laws had not been amended to keep with the times, despite repeated lobbying from industries and attempts by several prior governments, primarily due to the complexities existing within the Indian industry and the labour ecosystem.

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POSH Alert | July 2019 : POSH @ Workplace – Evolving role of Senior Leadership

Over the last couple of years, a significant number of employees have experienced some form of harassment at work, including Sexual Harassment. This was evidenced by the #MeToo movement sweeping social media for a large part of 2019 too. With time it is being increasingly proven that doing only the traditional mandatory sexual harassment training …

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POSH Alert | June 2019 : Global Anti-Harassment Policies Vs. Local Laws – A perspective!

Today’s global workplaces have undergone a dramatic shift in terms of culture, experiences and expectations. Many Organizations have taken it upon themselves to ensure their workplaces are free from harassment of any form. A pertinent question in this era of global operations then, is about the framing of policies, reporting procedures and redressal mechanisms, which …

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POSH Alert | May 2019 : The Gender Issue

The Gender Issue The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal Act, 2013 (the “Act”) is a statute aimed at creating a safe and healthy work environment for women. When the Act was brought into effect, organizations started off by aligning with the mandate prescribed under the Act, but over time, many companies evolved …

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