The Maternity Benefit Act, 1961 – Overview

March 2, 2022 2 Comments

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Introduction Comprising half the population, women make up a crucial chunk of the workforce. Employment demands the need to balance work and child-bearing and child-rearing responsibilities. The Constitutional framework endeavours to provide equality to women in all walks of life. In furtherance of this pursuit, the Maternity Benefit Act, going along the lines of the International Labor Organisation, aims to grant maternity protection to women. The Maternity Benefit Act of 1961 and the very recent…

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Benefits under Labour Welfare Fund (LWF)

August 20, 2021 5 Comments

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Introduction To LWF Labour Welfare Fund is succour in the form of money or necessities for those in need. LWF is a statutory contribution managed by every state authority. It helps labourers improve their working conditions, providing social security and raises their standard of living. It can differ from state to state and what assistance is provided by one state might not be available for other states. Kerala Kerala provides a range of benefits under…

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Availability of Employee Death Benefits Under Various Labour Laws in India

August 4, 2021 4 Comments

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Introduction India is a socialist country. Therefore, social benefits that are governed by labour laws are regarded as sacrosanct. Social security schemes in India not only protect the employees but also their families by giving benefits in financial security and healthcare. These schemes guarantee long-term sustenance for families when the earning member retires, dies, or suffers a disability, thus helping insure the future and protect the interests of the employee. The various Labour Laws of…

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ESIC – An Overview of the Death Benefit Scheme

July 21, 2021 11 Comments

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ESIC – History Employees’ State Insurance Corporation (ESIC) as a scheme was inaugurated on the 24th February 1952 in Kanpur by our then Prime Minister Pandit Jawahar Lal Nehru. The Scheme was simultaneously launched in Delhi, and the initial coverage for both the centres was 1,20,000 employees. It is the first Social Security scheme enacted to protect the employees and their dependents in 1944. The ESI Act, 1948 covers contingencies such as sickness, maternity, temporary…

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ESI under Code on Social Security: An Overview of Changes

June 2, 2021 8 Comments

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ESI – Background  Employees’ State Insurance Scheme [‘ESI Scheme’] is a comprehensive social security scheme devised to protect employees and their dependents, covered under it, against contingencies, such as sickness, maternity, and death or disability due to employment injuries. The ESI Scheme is based on the principle of ‘pooling of risks and resources’, wherein that section of the population, which is exposed to risks of the same nature, comes together to mitigate the physical and…

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Compounding of Offences Under Labour Codes

May 26, 2021 3 Comments

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What is compounding? Compounding refers to a process whereby the defaulting person or entity may file an application to the notified compounding authority, accepting the commission of an offence, and pleading for its condonation. The compounding authority may compound the offence after the defaulter deposits a compounding fee. If the offence is compounded before the institution of prosecution proceedings, then no proceedings are initiated against the defaulter. If an offence is compounded after the institution…

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Offences and Imprisonment Under Labour Codes – Ease of Doing Business

April 29, 2021 2 Comments

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Background The amalgamation and codification of 29 labour statutes into 4 codes – Code on Wages, 2019, Industrial Relations Code, 2020, Code on Social Security, 2020, and Occupational Safety, Health and Working Conditions Code, 2020 (‘Labour Codes’) – streamlines and simplifies complex labour law-related procedures. The aim of such amalgamation is to reduce the burden of compliance and promote the ease of doing business. One salient feature of the Labour Codes is the decriminalization of…

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Contracting Out Under the Code on Wages, 2019

February 19, 2021 2 Comments

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Introduction The general connotation ascribed to the term ‘contracting out’ consenting to be excluded from a particular scheme or benefit. It requires a legal agreement that operates as a formal statement expressing a person’s intent to be excluded from an official plan or system. As a consequence, it means forgoing a right that one would ordinarily be entitled to. Most labour enactments in India provide that contracting-out is prohibited, meaning that employers cannot by agreement…

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Fixed Term Employment Under the Labour Codes

February 18, 2021 16 Comments

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Background Fixed term employment was formally introduced in March 2018 by amending the Central Rules under the Industrial Employment (Standing Orders) Act, 1946. This allowed all types of industries to engage fixed term workmen. Our earlier blog has studied the introduction of the amendment to the Central Rules under the introduced fixed term employment. The new labour codes have extended this to all types of establishments. Generally speaking, fixed term employment is a mode of…

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Liabilities of the Principal Employer Under the New Labour Codes

February 12, 2021 4 Comments

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Background The four new Labour Codes introduce a plethora of changes to India’s regulatory framework. Their impact on various domains such as IT/ITes companies, payroll and salaries and more have been discussed in previous posts. In this post we shall examine the impact of each of the four codes on the liabilities of a principal employer. This shall allow us to obtain an understanding of the various compliance consequences of the same. The above juxtaposed…

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