Model Standing Orders under Labour Codes: Accepting the changed dynamics

First published on Mondaq - June 2021 Introduction With the consolidation of several labour legislations into codes, the Industrial Employment (Standing Orders) Act, 1946 got subsumed into the Industrial Relations Code, 2020 (“IR Code”) with two other legislations. IR Code, under Section 29, confers powers on the Central Government to make Model Standing Orders (“MSO”)... Continue Reading →

High Value Employment Contracts – Nuances and Challenges

High value employment contracts are unique to the nature of employment and skills each such senior employee brings to the organisation based on their expertise and thus, there is no such standardised version of a Key Employee contract. In light of the expertise of such employees including the comprehensive nature of responsibilities expected from such employees it is without an iota of doubt, absolutely essential to put in place a written contract detailing the understanding with such employees.

Tamil Nadu Provides Creche Guidelines Under Maternity Law

The Government of Tamil Nadu vide notification no. SRO A-1/2021, has amended the Tamil Nadu Maternity Benefit Rules, 1967 (“Rules”) under the powers conferred by Section 28 of the Maternity Benefit Act, 1961. As per the amendment, a new Rule 6A has been inserted in the principal Rules which mandates every establishment with 50 or... Continue Reading →

Amendment of the Inter-state Migrant Workmen (Regulation of Employment & Conditions of Service) (Gujarat) Rules, 1981

According to the Act, it is mandatory for contractors to obtain a valid license before they can be allowed to engage in any of the activities stipulated therein. Additionally, provisions have also been made for renewal of licenses. The relevant procedure to be followed in this regard has been set forth in rules 14 and 15 of the Old Rules. By effecting the amendment, however, the Old Rules have been modified to the extent of omission of the said rules.

Kerala Maternity Leave Update: Maternity Leave for Women Officers being Contractual Employees

This position has further been crystallised by the Kerala High Court in the case of Rakhi P.V. and Orsv. State of Kerala¸[1] wherein it was asserted that all women employees, whether or not employed on a contractual basis, are entitled to the benefit of enhanced maternity leave without any discrimination.

Update: Notification under the Karnataka Shops & Commercial Establishments Act

Businesses, operating across the spectrum, have been struggling to stay afloat in the throes of the pandemic. In a recent step to aid the beleaguered businesses, the Labour Department of the Government of Karnataka has, through a notification dated January 2, 2021 (“the Notification”), allowed all shops and establishments in the State, employing ten or... Continue Reading →

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