Law Shastra

 Opinion regarding Minimum Wages – While the definition of Wages, inclusive and exclusive components have been crafted uniform across  all the Labour Codes, the Industry is gripped with confusion and also concerned about the sustainability. The core reason being clear cut codification of what consist of Minimum Wages and also the 50% cap of allowances. The Hon'ble Supreme Court in its path-breaking judgements in Airfreight and Hindustan Satanitary Ware cases, has made crystal clear, as to whether Minimum Wages as notified are amenable to splitting into components by the Authorities and the limited prerogative of the Employers for segregation. Let us review the brief definitions of the relvant law viz. Minimum Wages Act, 1948 and the Code of Wages, 2019 (effective 21st November, 2025). A) Definitions under the Minimum Wages Act, 1948  2 (h) “wages” means all remuneration, capable of being expressed in terms of money which would if the terms of the contract of employment ...

 Corporate Governance  - Compehensive Analysis under  PoSH, BNS and Companies Act. 1.1 Gender Diversity and a safe workplace for women are essential attributes of Good Corporate Governance. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, shortly known as the PoSH Act was enacted to provide protection to all working women from organised and unorganised sectors alike, regardless of hierarchy.  1.2 The Genesis: The Supreme Court, while voicing its serious concerns on the sexual harassment faced by working women   in the case of Vishaka & Ors. V. State of Rajasthan & Ors. [1997(7) SCC 323] reaffirmed that sexual harassment at workplace is a form of discrimination against women and provided a set of guidelines (known as VISHAKA Guidelines), to address this issue, pending enactment of suitable legislation.  2.0 The PoSH Act. 2.1 The PoSH Act (Act) mandates provision of safe, secure and enabling environme...