The impact on employment in the time of the Corona Endemic

A full-blown global pandemic of COVID-19 has resulted in sharp economic slowdown across the globe. As the Government continues to raise awareness and promote precautionary measures to prevent the spread of COVID-19, employers find themselves between a rock and a hard place – continued expenses if they function and closure if they don’t. The typical …

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Coronavirus and the Workplace: What the Law requires you to do

With the rapid spread of the corona virus (COVID-19), employers are alarmed as to its potential impact on their workplace environment. With a view to prevent the further spread of the virus, the Department of Labour, Government of Karnataka, has issued Circular KAE 170 SWEMARA 2018 (B-R) dated 05.03.2020 directing all the Establishments (Industrial & …

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Applicability of Contract Labour (Regulation & Abolition) Act, 1970 (CLRA Act)

The Contract Labour (Regulation & Abolition) Act, 1970 (CLRA Act) regulates employment of contract labour and provides for abolition of contract labour in certain cases. The question of applicability of the CLRA Act to an establishment frequently becomes a matter of concern for employers. Following points may serve as a guidance note for employers in …

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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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