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Showing posts from August, 2020

KARNATAKA HIGH COURT DIVISION BENCH JUDGEMENT RE: MINIMUM WAGES APRIL 2020 - HIGHLIGHTS

KARNATAKA MINIMUM WAGES REVISED NOTIFICATION DEC 2017 - EFFECTIVE 1ST JANUARY 2020 - CHALLENGE IN HIGH COURT AND FINAL UPDATE/ADVISORY  Brief                                                                                                                                                          Several Industries and Associations filed Writ Petitions before the Karnataka High Court, against thesteep increase in the Minimum Wages Notified effective 1st January, 2017.were filed on behalf of thefollowing scheduled employments / industries: Some of the Industries are:- ·         Shops and Commercial Establishments ·         Engineering Industry ·         Petrol & Diesel Oil Pump Industry ·         Bakeries ·         Chemical Industry ·         Brass, Copper, Aluminium and Steel Utensils Manufacturing Industry ·         Metal Rolling & Rerolling (Ferrous) Industry ·         Rubber Industry ·         Tiles Industry   ·     Biscuit Industry The Trade Unions had filed Writ Petitions aga

Maternity Benefits & Creche Facilities for Contract Labour

originally published in ungender.in :  https://www.ungender.in/maternity-benefits-and-creche-facilities-for-contractual-labour/ Written By:  Vasudevan V, lawshastra.  contact email: viswanathanvasudevan159@gmail.com Note from the Editor:  ‘Explainers’ are a new series at Ungender Insights. An explainer is a conversation, not a traditional article. At Ungender our explainers aim to answer questions, but not just any question. These are questions that focus on the practical. We feature ready-reckoners or tip-sheets for common situations or terms that one comes across, while aiming to ensure PoSH compliance or implement D&I, in our workspaces. We hope the series proves useful! In May this year, several  news reports  suggested that a variety of state governments in India were  contemplating amendments to labour law , which accoridng to experts, disproportionately intended to negatively impact women contract labour. Among other proposed amendments, sweeping changes to the materinity be

Contract Labour - Minimum wages , applicability is basis employer-employee relationship and not the premises where they work?

The factum  of empoyer - employee relationship is fundamental for determination of responsibility and compliance. Though this concept has been well established,  as yet quite a confusion prevails in the industry, either due to lack of conceptual clarity or short-circuiting the legal process to derive undue advantage/exploition of the system's lacunae.  This article broadly focus on the application of minimum wages and the appropriate zone classification, wherever the contract employee/worker is engaged outside the premises of the empoyer, at other premises. Such other premises may either be connected with the employer/contractor directly or indirectly. The Bombay High Court's intrepretation of the Minimum Wages Act thread-bare demonstrates the object of this beneficial legislation and the relevance of employer, employee and the term employment, in relation to appropriate application of minimum wages (Indian Labour Organisation & Ors. vs D.H. Deshmukh, Presiding ... on 13 Au