Employment Law
December 1, 2020

CAN HIV POSITIVE INDIVIDUALS BE TERMINATED?

The first Human Immunodeficiency Virus (“HIV”) infection was detected in India in 1986, and currently, India has about 2.3 million people living with Acquired Immunodeficiency Syndrome (“AIDS”).  AIDS is not only life-threatening but, unfortunately, also results in the discrimination and stigmatization of the affected individuals and their families.  This has far-reaching economic and societal consequences.  Due to the lack of knowledge of the disease, affected individuals are often deprived of livelihood opportunities or face ostracism at the workplace. 

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N.Raja Sujith
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October 14, 2020

IMPACT OF NEW EMPLOYMENT LAWS ON BUSINESSES

N. Raja Sujith, Partner at Majmudar & Partners, and Sinjini Majmudar, Associate at Majmudar & Partners have authored a concise update describing in detail

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Labour Code, N.Raja Sujith
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July 23, 2020

TAXATION OF SECONDED EMPLOYEE SALARY REIMBURSEMENTS AND PERMANENT ESTABLISHMENT IMPACT

In the recent case of Yum Restaurants (Asia) Pte, the Delhi Income Tax Appellate Tribunal (Delhi Tribunal) has held that payments received by a Singapore company from an Indian group company towards salary reimbursement costs in the case of a seconded employee is not in the nature of “fees for technical services” and, therefore, not…

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Tax
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June 1, 2020

THE AFTERMATH OF COVID-19 IN INDIA: EMPLOYMENT LAW HAS ASSUMED GREATER IMPORTANCE THAN EVER BEFORE

India is the fifth-largest economy in the world with a workforce of 400 million. Several companies across the world have wholly-owned subsidiaries in India, mainly in sectors like IT and IT-enabled services, financial services, consulting, insurance and healthcare. A large number of multinational companies depend on their Indian subsidiaries and group companies for back-office support….

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Covid-19, Employment Law
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May 4, 2020

INDIA EASES RESTRICTIONS ON WORKPLACES IN THE THIRD PHASE OF LOCKDOWN

On May 1, 2020, the Indian government further extended the ongoing countrywide lockdown until May 17, 2020. The third phase of the lockdown is based on demarcation of districts into three (3) zones and reasonably well-defined exemptions for each zone under the revised guidelines (the “Revised Guidelines”) issued yesterday. The Revised Guidelines will be effective…

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Covid-19, Employment Law
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April 15, 2020

THE INDIAN GOVERNMENT’S SOCIAL DISTANCING GUIDELINES MAY NOT BE EASY TO COMPLY

On March 24, 2020, in order to prevent the spread of the Novel Coronavirus (COVID-19), the Indian government imposed a mandatory countrywide lockdown of all offices and establishments until April 14, 2020. Only essential services providers were allowed to function, and detailed guidelines were issued by both, the Central (Federal) and State governments, on who…

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Covid-19, Employment Law
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July 16, 2019

SEXUAL HARASSMENT LAW UPDATE – MANDATORY REGISTRATION OF THE INTERNAL COMMITTEE FOR ESTABLISHMENTS LOCATED IN TELANGANA AND MUMBAI

Introduction In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Harassment Act”) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (the “Harassment Rules”) deal with sexual harassment against women at the workplace. The Harassment Act and the Harassment Rules require an employer…

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Employment Law
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June 24, 2019

INDIA’S SUPREME COURT REITERATES THE TESTS TO DETERMINE WHETHER A CONTRACT LABOURER IS AN EMPLOYEE

In a recent ruling, India’s Supreme Court (the “SC”) reiterated the basic tests to be applied in determining whether contract labourers can be classified as direct employees.  This update discusses the SC ruling and analyzes the precautions that employers should adopt while employing contract labour. Background Bharat Heavy Electronics Limited (“BHEL”) had entered into an…

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Employment Law
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May 20, 2019

INDIA’S SUPREME COURT ALLOWS REGISTERED TRADE UNIONS TO FILE APPLICATION AS OPERATIONAL CREDITORS ON BEHALF OF MEMBERS

In a recent ruling, the Supreme Court (the “SC”) resolved a long-standing dispute between JK Jute Mill Mazdoor Morcha (the “Union”) and Juggilal Kamlapat Jute Mills Company Limited (the “Debtor”) by allowing registered trade unions to initiate insolvency proceedings as operational creditors on behalf of their members under the Insolvency and Bankruptcy Code, 2016 (the “Code”). …

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Employment Law, Insolvency and Restructuring
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June 19, 2018

NEW LEGISLATION APPLICABLE TO SHOPS AND ESTABLISHMENTS IN MAHARASHTRA

In India, each State has its own Shops and Establishments law which regulates the working conditions of employees engaged in shops and commercial establishments, other than in factories.  On December 19, 2017, the new Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service Act), 2017 (“New Shops Act”) was made effective, which replaced…

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Employment Law
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March 31, 2018

FIXED TERM EMPLOYMENT PERMITTED UNDER INDIA’S INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

Introduction On March 16, 2018, the Ministry of Labour and Employment notified the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 (the “Amendment Act”), which amends the Industrial Employment (Standing Orders) Act, 1946 (the “Act”) and the Industrial Employment (Standing Orders) Central Rules, 1946 (the “Rules”) to allow fixed term employment for all sectors.  Further,…

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Employment Law
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