Law Shastra

https://youtu.be/ecuC65sD7iY  

SC against use of hyper technicalities in workplace sexual harassment cases : The Supreme Court has suggested that the courts should avoid a hyper-technical, and cold interpretation of service rules and regulations on prevention of sexual harassment at the workplace. By leaning into the technicalities, the appellate mechanisms threaten to turn the entire process into a punishment for the victims. The services rules and statuary regulations should …

The Hon'ble Supreme Court (“SC”) in Ravindranatha Bajpe v. Mangalore Special Economic Zone Limited and Others (decided on September 27, 2021), held that the chairman, directors, and other key managerial personnel of a company cannot be automatically held vicariously liable for the offences committed by a company unless specific allegations and averments against them are made with respect to their individual role. Facts Ravindranatha Bajpe (“Appellant/Complainant”), the original complainant, filed a private complaint against thirteen accused (accused nos. 1 to 13) in the Court of the learned Judicial Magistrate, First Class, Mangalore (“Magistrate”).  The Complainant was the absolute owner and in possession and enjoyment of the certain immovable property (“Schedule Properties”). Accused nos. 1 and 6 were companies incorporated under the Companies Act and accused nos. 2, 3 and 4 were the Chairman, Managing Director and Deputy General Manager (Civil & Env.) of accused no. 1,

Social Security Code   https://youtu.be/JGZe64mvEJg

  Understanding the PoSH Act and Ensuring Governance Posted On EFI's blog - October 8, 2021 Series 2 – Perspective by Supreme Court/High Courts – illustrative case laws Written By:  Vasudevan V, Head, LAC, EFI General Counsel & ICC Member for Smollan-HUL JV, Certified Corporate Governance Professional & Member of Core Advocacy Committee – Retailers’ Association of India (RAI) I sincerely acknowledge and appreciate Advocate Bharat Goel, for his minute review of this series and value addition, to ensure that the readers get a better and holistically perspective on the subject matter. “ Though there are number of organizations conscious about the need to adopt appropriate policies and comply with the provisions of the PoSH Act, the most pressing concern that I have found is the lack of training on legal knowledge among the Internal Committee Members (IC) for conducting of an inquiry. Members of IC are usually found unable to conduct inquiries or appreciate evidence or draft ap

  Employees’ Compensation Act, 1923 (EC Act) – Does it provide compensation for pandemic, e.g., COVID     The EC Act, 1923 is a social welfare legislation that aims to provide payment to individuals employed in certain types of employment with expeditious compensation for injuries sustained in accidents during the course of their employment. It also provides exceptions for the employer’s liability, for example, where there is wilful disobedience or negligence on part of the employee. The Act also provides for a scheme of distribution of compensation to dependents in case of an employee’s death. In addition to the above, it provides criteria for computing the amount of compensation and liability of the insurer.   The act is applicable to employees/persons who are subject to the provisions of Section-2(1) (dd) which defines employees, this must be read with Schedule-II which provides greater clarity on who may be considered an employee for the purposes of the Act.

Code on Occupational Safety, Health and Working Conditions, 2020 Key Highlights  Exemption This Code  empowers the state government to exempt any new factory from the provisions of the Code in order to create more economic activity and employment. Threshold for coverage of establishments Factory:     This  Code sets out  the threshold at: (i) 20 workers for premises where the manufacturing process is carried out using power, and (ii) 40 workers for premises where it is carried out without using power.    Includes Mines under the definition of 'factory'    Establishments engaged in hazardous activity:  includes all establishments where any hazardous activity is carried out regardless of the number of workers.   Contract workers: This Code  specifies that it will apply to establishments or contractors employing 50 or more workers (on any day in the last one year).   Prohibits contract labour

What is IR Code: To consolidate and amend laws relating to Trade Unions, conditions of employment in Industrial Establishments or undertakings, Investigation and settlement of Industrial Disputes and connected matters. Acts to be repealed: Trade Unions Act, Industrial Employment Standing Orders) Act, & the Industrial Disputes Act Ministry looks to implement all 4 codes in one go Object : to achieve Industrial peace & harmony,  progress of industry and cordial relationship between the employer and the employees Salient Provisions: Bipartite Forums:  Constitution of Works Committee & Grievance Redressal Committee Registrar of Trade Unions, criteria, constitution and procedure Standing Orders:  Applicability, Model Standing Orders, and procedure Notice of Change – Power to exempt.. Voluntary reference of disputes to arbitration Mechanism for Resolution of Industrial disputes Strikes & Lock-outs, Lay-off, Retrenchment & Closure Worker Reskilling fund Prohibition