Law Shastra

  SOCIAL SECURITY CODE – IMPACT OF WAGE DEFINITION ON GRATUITY BENEFITS   Standardisation of “Wages” Definition”: Hitherto, the definition of “Wages” were quite diverse in various labour legislation for the purpose of calculation of the same terms – wages / basic wages etc. This created practical challenges while interpretation by regulators, courts and administration of salary structures as well as computation and payments of social security benefits, contributions and deductions to be made.  The new unified definition of “Wages” introduced in the labour codes broadly harmonise and simplify the term and to an extent, the foundation of calculation of quantum and eligibility of various social security related benefits.      Social Security Code: Impact of new definition The new definition now has three parts to it - an inclusion part, specified exclusions and conditions which limit the quantum of exclusions. It is an inclusive definition and...

  Labour Codes: Social Security Code: Gratuity for  Contract/Fixed Term Workmen –                                                                             Legal Perspective     Applicability of Gratuity Act & Eligibility Payment of Gratuity Act:   ·          The term “employee”   includes any person (other than an apprentice) employed for wages and include a person, inter alia,   employed in connection with the work of an establishment ·       Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service of not less than five years,-   (a) on his superannuation, or     ...

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An Explainer - brief case laws & precedents  The social securities available to workers/ employees for employment injury are manifold;their rights and the corresponding obligations by the employers/Employees' State Insurance Corporation ( ESI) has a complex nexus. Fair working knowledge is esssential for not only employers and employees, but every one, to ensure that the victim's family avail due benefits without much ordeal.  This article endeavours to provide a brief  perspective of such social security benefits under law. Currently the benefits are covered, inter alia, under the Employees' Compensation Act and ESI Act. The  new code on Social Securities  enacted recently (contemplated to be effective from April 2021, replaces the existing legislations with a  comprehensive coverage.  What is an employment injury? Under   Section 3(1) of the   Employees Compensation Act , 1923, if personal   injury   is caused to an   emp...

  https://drive.google.com/file/d/1AGNHQM57JyTaGChtqLRsTSpQFpx34AGy/view?usp=sharing Please click this link to read my article published in STORAI, published by RAI

  Transforming Indian Employee Laws -   Highlights of the new Labour Codes– Throttle or Speed Breaker ?     Labour falls under the Concurrent List of the Constitution.  Therefore, both Parliament and state legislatures can make laws regulating labour and there are over 100 state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages. To improve ease of compliance and ensure uniformity in labour laws, the Central Government introduced four Bills to consolidate 29 central laws.  These Codes regulate: (i) Wages, (ii) Industrial Relations, (iii) Social Security, and (iv)   Occupational Safety, Health and Working Conditions.  While the Code on Wages, 2019 has been passed earlier, remaining three codes have been passed recently. Code on Industrial Relations, 2020 Provisions on fixed term employment  The 2020 Bill introduces provisions on fixed t...