Applicability of The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 to Direct Employees engaged on Contract basis

It is not uncommon for Employers to engage direct employees on contract basis. The nature of work of such employees may be periodic or permanent. Further, their tenure may be for a particular period, in which case they are termed as Fixed Term Employees. The legal conundrum arises as to the applicability of Employees’ Provident …

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POSH Alert | Dec 2019 : Conducting an Inquiry (Concluding Part)

In the previous segments of this three-part series, we shared with you the general guidelines for conducting an Inquiry and the rights and obligations of the Complainant and the Respondent.In this concluding part, we would like to draw your attention to the non-negotiables during the Inquiry process and leave you with some of the ‘must …

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POSH Annual Return – Immediate action required

Compliance under Sec.21(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Are you compliant with the legal requirements under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013?  View Annual return submission Format Your annual report needs to be filed today 31st January 2020! …

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Compliance Trends in Factories Relating to Overtime

Factories across all sectors are typically plagued by non-compliance with regard to provisions of overtime. Following are the major causes for non-compliances with regard to overtime: Workers stay for longer hours to avail the benefits of overtime wages Excess hours of overtime clocked and not accounting for overtime hours Exemption from provisions relating to working …

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POSH Alert | Nov 2019 : Conducting an Inquiry (Part – 2)

In the first segment of this three-part series, we shared the general guidelines for conducting an Inquiry. This edition will provide a commentary on the rights and obligations of the Complainant and the Respondent. The Inquiry should begin with meeting the Complainant to understand her complaint in toto. It proceeds with informing both the Complainant …

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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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