Introduction The Occupational Safety, Health and Working Conditions Code, 2020 lays down the provisions relating to working hours in establishments. Section-25 under the Code states that no worker shall be required to work for more than eight hours in a day. It also stipulates that the period of work in each day shall be so fixed so as not to exceed such hours, with such intervals and spread overs as may be notified by the…
Introduction In our previous article titled Transgender Persons and Labour Law: A Grey Area, we had discussed the need for concrete steps to address some of the lacunae pertaining to transgender employees in the workplace. Today’s blog shall examine the combined impact of the Transgender Persons (Protection of Rights) Act, 2019 read with its corresponding Transgender Persons (Protection of Rights) Rules, 2020. We shall analyze their combined effect on labour law compliance and examine suitable…
Introduction The Occupational Safety Health and Working Conditions Code (OSHWC Code), 2020 contains separate definitions for the terms ‘employee’ and ‘worker’ respectively. This article explores the operation of the definitions in the good and the objectives behind their use in particular provisions. It is imperative for both staff and management to understand the implications of these definitions and the changes they bring in as it materially affects the nature of employment in India. The legal…
Introduction The Code on Wages has been brought in as a part of the Government’s efforts to untangle India’s complex regulatory framework pertaining to labour. As part of the Code, the Government has introduced a new definition of the term ‘wages’ that is uniform across the four Labour Codes. The uniform definition comprises three parts – an inclusive portion, specified exclusions and conditions that place a limit on the quantum that may be claimed as…
This article is part of a series of blog posts by Simpliance that aim to guide both employers and employees with respect to the best practices of labour law compliance. They also act as a guide for individuals unfamiliar with the regulations governing employment in India. This blog on Industrial Disputes is the second post in the series, with the first one being on minimum wages. Introduction Regardless of the level of economic development, policies…
Introduction The International Labour Organization (ILO) was founded in 1919, following World War-I as a social engineering project that sought to safeguard the rights of workers and ensure that freedom, equity, and dignity in conditions of work are observed universally. It is the first and oldest specialised agency of the UN and was originally founded as a part of the League of Nations. Currently, 187 of the 193 member states of the United Nations are…
Introduction/Author’s Note: Series – Production of goods and provision of services constitute the cornerstone of any economy, and its labour is the driving force behind the provision of such goods and services. Therefore, it is crucial for an employer to ensure that labour is being compensated adequately for services rendered, in order to maintain a cordial relationship at the workplace and ensure employee satisfaction. The compensation does not only involve remuneration in the form of…
Introduction Labour law is the body of statutory regulation coupled with executive rule promulgation that applies to matters such as employment, remuneration, hours & conditions of work, industrial relations and social security. It defines the contours of the employer-employee relationship by outlining the rights and duties they have towards each other. Employees are given rights that impose corresponding duties on employers in a Hohfeldian sense and vice-versa. These laws aim to operate to prevent exploitation…