Law Shastra

 FAQ on Myths and Realities of Industrial Relation (IR) Code 2020 Q 1. Whether the Industrial Relation Code in any way takes back workers’ right relating to form trade unions? Ans : No. The apprehension is totally incorrect. Provisions related to registration of trade union have been retained under Chapter-III of IR Code 2020. Q 2. Whether IR Code bans all strikes? Ans : No. The Industrial Relations (IR) Code, 2020 does not ban strikes. Right to strike remains intact under IR Code with mandatory 14 days notice period before going on strike. Q 3. Whether the worker will need government permission to go on strike in IR Code? Ans : No permission is required from the Government under the IR Code. However, 14-Days prior strike notice will be required which will facilitate both employer and union for immediate resolution of their dispute through timely conciliation leading to reduced their conflict. Q 4. Whether IR Code allows employers to retrench workers freely? Ans : No. The provision...

 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...