Law Shastra

  A decade of the POSH Act: What the data tells us about how India Inc., has fared   Akshi Chawla   Director, CEDA akshi.chawla@ashoka.edu.in The number of cases being reported by India Inc. has increased over the years. However, most cases are being reported by a small set of companies, raising concerns of possibly poor awareness and compliance at large   Key highlights There has been an increase in the number of cases of sexual harassment reported by Indian companies in their annual reports over the past decade The number of complaints have been growing faster than the number of complaints that have been resolved However, only a fraction of companies have been reporting cases, while several companies have been reporting zero cases, often for multiple years Nearly all the cases that have been reported have been reported in larger companies (ranked in the top 100 on the National Stock Exchange). Medium and smaller companie

  Essentials of valid resignation and acceptance, critical review   The whole industry, be it micro, small, medium, or large are operating either in virtual or near virtual web of process, right from recruitment to separation. However, the labour laws remain static despite introduction of labour codes few years ago. While the labour codes have brought out a series of simplifications and ease of process, fundamental principles on bare compliance and fair practices are essential for dispute free management of any organization. This brief analysis focusses on the essentials of a valid resignation process, in the light of ‘asked to resign’ dilution of the due diligence process while considering the resignation process. Be it a strong HR system or a bare minimum structure, the process remains to be mechanical with significant vagaries. While the instances of ‘asked to resign’ are clear cut grey area and an unfair practice even ordinary cases of voluntary resignations are recalled or

 india-map FIND YOUR MP Name or Pincode Switch to Hindi (हिंदी) MPs & MLAs Legislatures Bills & Acts Budgets Policy LAMP Careers Bills & Acts Bills Parliament Governance and Strategic Affairs The Digital Personal Data Protection Bill, 2023 The Digital Personal Data Protection Bill, 2023 Ministry:  Electronics and Information Technology Highlights of the Bill The Bill will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised.  It will also apply to such processing outside India, if it is for offering goods or services in India. Personal data may be processed only for a lawful purpose upon consent of an individual.  Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services. Data fiduciaries will be obligated to maintain the accuracy of data, keep data secure, and delete

Important Points: Alleged Misconduct: The Worker barged into the shop floor, where the Production Manager and H.R.Executives were holding a meeting with the operators of Hassia Machine;  b) he disrupted the meeting and started abusive language against the Executives and the Manager and scolded the Executive by name Sundaram in a filthy language and c) he also intimidated him by holding him by his shift collar, thereby created an unpleasant atmosphere Long ago, there was prior incident of misconduct. HC's View and reference to series of judgements: - Use of abusive language by itself cannot constitute a serious misconduct fit for capital punishment - The context and the provocations to be borne in mind while determining the punishment - The Class of the work-men and the abuse to be considered from the level where he came from    and also the time lapse which can unwound the harm if any caused - Consider the age of workmen, duration of the dispute  and the feasibility of he getting e

    XXX vs. The State of West Bengal & Or’s. CALCUTTA HIGH COURT Key Issues:   1.     Whether a complainant can be transferred to another place during pendency of her complainant under the PoSH Act! 2.     Whether an employee has a vested right to continue to work at any one place! 3.     Whether a request for posting nearby place of residence or work place be considered ! Ruling: 1)     In complaint of sexual harassment, the authority concerned may transfer the complainant to any other different place to remove her from unhealthy environment since transfer for administrative reasons is an incidence of service and no employee has any vested right to continue to work at any one place. 2)     For making complainant of sexual harassment, the complainant has to approach authority/Internal Complaints Committee/Disciplinary Authority etc. 3)     For dealing with the complainant of sexual harassment, the authority concerned has to constitute an Internal Complai