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labour service law


Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Decision: The Payment of Gratuity (Amendment) Bill, 2018 has been passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March, 2018, has been brought in force on 29th March, 2018. Background: The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons.  The main pu..

Posted in news |   5 comments |   795 Views


Decline in Child Labour

As per 2011 Census, the number of main workers in the age group of 5-14 years in the country is 43.53 lakh which shows a decline from 57.79 lakh as per 2001 Census. As per the data received from States/UTs the number of prosecution launched under Child & Adolescent Labour (Prohibition & Regulation) Act, 1986 during the ..

Posted in news |   126 Views


Registration of Workers

Statistics of workers in the unorganised sector is not maintained centrally. Section 10 of the Unorganised Workers Social Security Act, 2008 provides that every unorganised worker shall be eligible for registration subject to the fulfilment of the conditions that he or she shall have completed fourteen years of age; and a self-declaration by him or her confirming th..

Posted in news |   139 Views


Contractual Workers in Mining Sector

As per the details provided by Directorate General of Mines Safety (DGMS) under the Ministry of Labour & Employment, the number of contract workers are not higher than the regular workers. The details are as provided:- table border="1" cellpadding="0" cellspacing="0" style="width:100%..

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Alleged Cases of Slavery

Article 23 of the Constitution of India prohibits “begar” and other similar forms of forced labour and further provide that any contravention of the said prohibition shall be an offence punishable in accordance with law.  The Central Government is fully committed towards eradication of the bonded labour system...

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National Policy on Domestic Workers

The Ministry of Labour & Employment is considering to formulate a National Policy on Domestic Workers. However, there is no time frame. No such committee is required as a number of stakeholders workshops/meetings have been conducted. The Ministry of Labour & Employment has invited the co..

Posted in news |   1 comments |   183 Views


Off days, holidays are counted in service period for the Payment of Gratuity !

For the payment of Gratuity; In computing 240/190 days, as the case may be, in last year of service, the number of holidays whether Sundays or public holidays on which the establishment itself was closed and the employee did not actually work, should be included. {A} Gratuity is calculated at daily rate of wages&hel..

Posted in articles |   4 comments |   2410 Views


Employee is Entitled to Interest if Payment of Salary is Delayed !

{A} Even in absence of statutory rules, administrative instructions or guidelines, an employee can claim interest under Part III of the Constitution relying on Articles 14, 19 and 21 of the Constitution of India.  ‘The man who lies to himself and listens to his own lie comes to a point that he cannot dis..

Posted in articles |   7518 Views


Labour Law Reforms

Reforms in labour laws are an ongoing process to update the legislative system to address the need of the hour so as to make them more effective, flexible and in sync with emerging economic and industrial scenario. The Second National Commission on Labour has recommended that the existing Labour Laws should be broadly grouped into four or five Labour Codes on functi..

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Subsistence Allowance - Employer's weapon

The industrial employment (standing order) Act, 1946 was brought in existence to standardize the service condition of workman in industrial establishments. It applies to industrial establishment employing more than 100 workmen (50 in Maharashtra). The Act contains model standing orders which pre..

Posted in articles |   2 comments |   1345 Views


She-Box: A remedial machinery or just another formality by Government

Earlier this month, The Ministry of Women & Child Development has launched an online portal named She-Box i.e. Sexual Harassment Electronic Box to enable the women employees to lodge complains against sexual harassment at workplace. It is actually one among the various steps taken by the central gover..

Posted in articles |   263 Views


International worker and entitlement of provident fund

Know your Provident Fund’s Law:- Being a law abiding citizen it is needful to know the law in respect of present scenario and this Mail is for day to day update of law in respect of Provident Fund, where a little update is required for continuing the employer and employee relationship and for smooth developme..

Posted in articles |   228 Views


Need for an All India Judicial Service (AIJS) to Revitalise Indian Judiciary

No other reform is as important as establishing an All India Judicial Service (AIJS) in revitalizing Indian judiciary. But the proposal for setting up an AIJS, in the lines of Indian Civil Service, is hanging fire for more than five decades despite there were several proposals and decisions including that of the apex court, in its favour. It is quite curious that a ..

Posted in articles |   5 comments |   712 Views


Child can apply for Compassionate Employment after becoming Adult/Major!

When a person cannot be employed in government services before the completion of 18 years, he could not make an application seeking appointment during his period of minority. Once a judgment had attained finality on a particular similar issue it could not be termed as wrong and its benefit ought to be extended to other similarly placed persons. p style="te..

Posted in articles |   1 comments |   1111 Views


Employee can file complaint against Termination Also at City Where Management decided to Terminate

Apex Court; Supreme Court of India; If Management at City of Aurangabad took decision to Terminate employee posted at City of Pondicherry then employee can file complaint at Aurangabad also in addition to Pondicherry. The complaint filed at Aurangabad shall also be maintainable. Brushing aside all ..

Posted in articles |   2 comments |   1223 Views




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