#labour laws

[muesli-command]

boss: it's fine, it's pricy and it's not like you'll suddenly catch on fire or anything

the fastidious safety inspector:

[image of borzoi dog inspecting a fire extinguisher labelled "2013/2014", the borzoi has a badly edited hand and a watch that says "2024"]

[sankhlaco]

Environment in corporate office

The procedures, structure, conventions, and culture of a company or organisation are all included in the corporate environment. It is the overall environment moulded by the relationships, principles, and objectives of its staff and management. Here's a summary of some important components: A company's common values, beliefs, attitudes, and behaviours are referred to as its culture. It may be affected by things including the company's past, industry standards, and leadership style. Positive company cultures encourage teamwork, creativity, and worker happiness. Organisational structure: This describes how the company's operations are managed and arranged. It outlines the information flow, decision-making procedures, and reporting lines. Typical organisational forms include network, matrix, hierarchical, and flat structures; each has benefits and drawbacks of its own. Processes: These include the protocols, workflows, and and systems that govern how work gets done in the organization. Efficient processes help streamline operations, reduce errors, and improve productivity. Continuous process improvement is often emphasized to adapt to changing market dynamics and customer needs.

Leadership: Effective leadership sets the tone for the corporate environment. Leaders inspire and motivate employees, articulate a compelling vision, and make strategic decisions to drive the company forward. Leadership styles can vary, ranging from autocratic to democratic, with each approach impacting employee morale and engagement differently. Communication: Open and transparent communication is crucial for fostering trust, alignment, and collaboration within the organization. This includes both formal channels such as meetings, emails, and reports, as well as informal interactions like team discussions and feedback sessions. Effective communication helps ensure that everyone is on the same page and working towards common goals.

Performance Management: Clear performance expectations and feedback mechanisms are key components of the corporate environment. Performance management processes, including goal setting, performance evaluations, and rewards, help align individual and organizational objectives, identify areas for improvement, and recognize high performers. Overall, a conducive corporate environment is one where employees feel valued, empowered, and motivated to contribute their best efforts towards achieving the company's goals. Continuous efforts to nurture a positive culture, effective leadership, and supportive practices are essential for long-term success.

The Labour Welfare Fund LWF is essential to promoting the welfare and general well-being of Indian workers in a variety businesses.

[dustbunnyprophet]

In my country (Croatia, Europe) every worker has the right to a 30 min paid lunch break. It's treated as if you were working during that time so someone working 8h a day effectively works of 7 and a half hours and gets paid for 8.

Also, unrelated but important, you have a minimum of 4 weeks paid vacation every year, and it's mandatory. If you don't use those vacation days your employer could face fines or worse.

Maternity leave is 1 year, fully paid.

Sick leave is always paid, provided you went to your doctor.

Bottomline, it is actually possible to have decent labour laws.

all lunch breaks should be paid im serious. im not even enjoying this im literally just making sure i dont pass out or something. this is part of The Job as far as im concerned

[monsieurenjlolras]

you've heard of "quiet quitting," now I'd like to introduce you to the next level, The French Work Ethic:

Do exactly what you're paid for and nothing more

Absolutely refuse to be available to contact when you're off the clock

Never prioritize work over your own health, wellbeing, or family because that would be insane, it's just a job.

Have a little glass of wine

Take as long as you feel like for lunch

Deeply understand that work doesn't matter

Make sure your boss knows they're always your second priority ❤️

[townpostin]

Trade Unions Stage Nationwide Strike Against Four Labour Codes

Workers March with Red Flags Despite Heavy Rain in Jamshedpur Key Points: Joint trade unions protest central government’s privatization policies Leaders form human chain opposing new labour codes favoring industries Workers march from Aam Bagan area raising anti-government slogans JAMSHEDPUR – Trade union leaders organized a nationwide strike on Wednesday protesting the implementation of four…

[latestlaw]

How to File a Case in Labour Court in India: Process, Guidelines, and Case laws

Introduction

Labour Courts in India are essential for resolving disputes between employees and employers. They ensure that workers' rights are protected and that employers adhere to labor laws. Understanding the process of filing a case in a Labour Court is crucial for effective dispute resolution. This article provides a comprehensive guide on the process, guidelines, and notable case laws related to Labour Courts in India.

1. Understanding the Labour Court in India

A Labour Court is a specialized judicial body established to adjudicate disputes between employers and employees. These courts handle cases related to industrial disputes, unfair labor practices, wage issues, wrongful termination, and violations of labor laws.

Types of Disputes Handled:

Industrial disputes

Unfair labor practices

Wage-related issues

Termination and dismissal cases

Jurisdiction:

Labour Courts have jurisdiction over specific geographical areas and industries. They differ from Industrial Tribunals, which handle more complex disputes involving multiple parties or larger industries.

Key Statutes:

Industrial Disputes Act, 1947: Governs the resolution of industrial disputes and the functioning of Labour Courts.

Trade Unions Act, 1926: Regulates the formation and activities of trade unions.

2. Eligibility and Grounds for Filing a Case

Who Can File:

Individual employees

Trade unions

Groups of workers

Types of Cases:

Non-payment or delayed payment of wages

Unfair dismissal or wrongful termination

Violation of labor laws or poor working conditions

Disputes over workers' rights or benefits

Pre-requisites:

Before approaching the Labour Court, it is advisable to attempt resolution through internal mechanisms such as conciliation or negotiation. If these efforts fail, the appropriate Labour Court can be approached based on the nature and location of the dispute.

3. The Process of Filing a Case in Labour Court

Determine the Appropriate Labour Court:

Identify the Labour Court with jurisdiction over the area where the dispute arose or where the employer's establishment is located.

Preparation of Documents and Evidence:

Gather all relevant documents such as employment contracts, wage slips, termination letters, and any correspondence related to the dispute. Collect evidence like witness statements or audio/video recordings that support your claim.

Filing a Claim/Application:

Draft a written complaint detailing the nature of the dispute, facts, parties involved, and legal grounds. Ensure that the application is clear and concise.

Payment of Court Fees:

Pay the requisite court fees as prescribed. Obtain receipts for all payments made, as they may be required during the proceedings.

Appearance in Court and Hearing:

Attend the scheduled hearings. Present your case, submit evidence, and respond to any questions or counterclaims. The judge will consider all submissions before delivering a verdict.

4. Guidelines to Follow When Filing a Case

Timely Filing: Adhere to the limitation period prescribed for filing labor disputes to avoid dismissal on technical grounds.

Maintain Proper Records: Keep all documentation organized and readily accessible.

Seek Legal Advice: Consult a lawyer specializing in labor law to ensure that your case is presented effectively.

Professional Conduct: Maintain decorum during court proceedings and interactions with court officials.

Understand the Law: Familiarize yourself with relevant labor laws to better understand your rights and obligations.

5. Common Challenges in Labour Court Cases

Delays: Legal processes can be time-consuming, leading to prolonged resolution.

Proving Claims: Gathering sufficient evidence to support claims can be challenging.

Jurisdiction Issues: Determining the correct jurisdiction can be complex, especially in cases involving multiple locations or entities.

Lack of Documentation: Inadequate records can weaken a case and hinder the ability to prove claims.

6. Key Caselaws in Labour Court Matters

Bharat Petroleum Corporation Ltd. v. Petroleum Employees’ Union:

This case addressed the legality of a strike initiated by the employees' union. The court held that the strike was illegal due to non-compliance with the mandatory notice period under Section 22(1)(a) of the Industrial Disputes Act, 1947. The judgment emphasized the importance of adhering to statutory requirements for industrial actions.

Workmen of Nilgiri Co-operative Marketing Society Ltd. v. State of Tamil Nadu:

The Supreme Court examined whether workers employed by a cooperative society were considered employees of the society. The court concluded that the workers were not employees of the society, highlighting the significance of establishing a clear employer-employee relationship.

Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly:

In this landmark case, the Supreme Court declared a termination clause in the employment contract as arbitrary and against public policy. The judgment reinforced the principle that employment terms must be fair and not unconscionable, ensuring protection for workers against unjust termination.

7. Conclusion

Filing a case in a Labour Court requires a clear understanding of the legal process, proper documentation, and adherence to prescribed guidelines. Both employees and employers must be aware of their rights and obligations under labor laws. Seeking legal assistance can provide valuable guidance and increase the likelihood of a favorable outcome. By following the correct procedures and maintaining professionalism, parties can effectively resolve labor disputes through the judicial system.

References:

Industrial Disputes Act, 1947

Trade Unions Act, 1926

Bharat Petroleum Corporation Ltd. v. Petroleum Employees’ Union

Workmen of Nilgiri Co-operative Marketing Society Ltd. v. State of Tamil Nadu

Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly

[comradcat]

I get a nice amount of paid vacation hours every year that I can use whenever I'd like, not just in summer. They also remain valid the year after so if I save them up I can go on a longer vacation. That's how my job utilises it, but everyone in the Netherlands gets a minimum four weeks of paid holiday per year regardless.

However, if I don't take a minimum amount of time off each year my job won't be happy with me. It's against labour laws so they would force me into like a week of paid off-time.

It's not for granted, people had to petition a lot in the last century to achieve this, during wich time the USA went rabid with McCarthyism if it caught even a whiff of labour laws. Incidentally, that's why the Japanese don't have it good either in this regard.

I don't mean to regurgitate the ol' "AmeRIca BaD" and "muh capitalism", that's bullshit, but you shouldn't always believe those who say that America is the best country in the world and that everyone wants to have what they have. We're not in the '50's anymore.

I'm not sure everyone realises how far upper-right US politics is on the political compass; and I'm not talking about Republicans.

I think adults need summer vacation. Like let's just close down all our jobs for three months and play outside. Please. I'm so tired.

[acquisory]

The Maternity Benefit (Amendment) Bill, 2016 – A Transformation in the Labour Law

The much awaited transformation in the Labour Law empowering women employment, the Maternity Benefit (Amendment) Bill was passed by Rajya Sabha on 11th August, 2016. While the bill is yet to be passed in Lok Sabha. The bill highlights the increasing the period of maternity leave from 12 to 26 weeks for Organized Formal Sectors.

The Bill amends the Maternity Benefit Act, 1961. The Act regulates the employment of women during the period of child birth, and provides maternity benefits. The Act applies to factory, mines, plantations, shops and other establishments. The Bill amends provisions related to the duration and applicability of maternity leave, and other facilities.

Highlights of the Maternity Benefit (Amendment) Bill, 2016

Duration of Maternity Leave — The Act states that every woman will be entitled to maternity benefit of 12 weeks. The Bill increases duration to 26 weeks.

2. Under the Act, the maternity benefit should not be availed before six weeks from the date of expected delivery, the bill changes to eight weeks.

3. In case of a woman who has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before six weeks from the date of the expected delivery.

4. Maternity leave for adoptive and commissioning mothers: The Bill introduces a provision to grant 12 weeks of maternity leave to: (i) a woman who legally adopts a child below three months of age; and (ii) a commissioning mother. A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.

5. The 12-week period of maternity benefit will be calculated from the date the child is handed over to the adoptive or commissioning mother.

6. Option to work from home: The Bill introduces a provision that states that an employer may permit a woman to work from home. This would apply if the nature of work assigned to the woman permits her to work from home. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.

7. Crèche facilities: The Bill introduces a provision which requires every establishment with 50 or more employees to provide crèche facilities within a prescribed distance. The woman will be allowed four visits to the crèche in a day. This will include her interval for rest.

8. Informing women employees of the right to maternity leave: The Bill introduces a provision which requires every establishment to intimate a woman at the time of her appointment of the maternity benefits available to her. Such communication must be in writing and electronically.

Need for the Transformation in the Law

With the rise of Nuclear family concept in India and with that the social and family support is decreasing for young parents. This has become one of the major reason why more and more young and progressive women have to give up their career, which in turn proves a huge loss to society. Thus, the government taking into consideration this fact has made provision to increase the maternity leave from 12 weeks to 26 weeks for all organized formal sectors covering women working in both public and private sectors.

However, one such drawback which can be seen is that the women in the Unorganized Sector won’t be benefitted from Maternity Benefit Act Amendment Bill, 2016. So, the women who work from home (whether they are freelancers or work at small establishments like rolling bidis etc) and work without a fixed employer are left out. Yes, working women without fixed employer have been left out from the bill completely.

The amendment recognises the economic rationale of women’s participation in India’s economy. Innumerable studies have highlighted the importance of involving half of India’s population in measurable economic activities. Today, women contribute only 17 percent to India’s GDP against a global average of 37 percent (source: McKinsey). Countries like Norway, Sweden or Denmark, that have one of the world’s highest median per capita income, also have the highest female labour participation rate, higher than 70 percent. If India can increase its women participation in labour force by 10 percentage points by 2025, it could increase its GDP by16 percent (source: Catalyst). A study by Booz and Company estimates that if men and women in India were to be equally employed, its GDP could go up by 27 percent. For a family, double income helps them to fulfil their economics needs and social aspirations while single women need it as a cushion against economic adversity. Therefore, household bound non-employed women who are finding it difficult to work are an economic concern that needs to be fixed.

Other Major Amendments and their impact

For a Mother of Two, the Maternity Leave remains 12 weeks — Its sheer discrimination for the third child. 26 weeks isn’t for the mother of two or more. So, a mother of two will only have 12 weeks leave. So, while, the maternity benefit amendment bill 2016 favors the first and second child. Yes, the child will face discrimination and will also be deprived of dietetic benefits of breastfeeding. The mother can avail the leave…

Read More: https://www.acquisory.com/ArticleDetails/18/The-Maternity-Benefit-(Amendment)-Bill_-2016-%E2%80%93-A-Transformation-in-the-Labour-Law

[sankhlaco]

Litigation and Disputes Advisory for Corporates: Expert Guidance in Legal Challenges

Corporate litigation and disputes advisory services play a crucial role in helping businesses effectively navigate and resolve legal challenges. In the corporate landscape, organizations frequently encounter intricate legal matters, such as contractual disagreements, regulatory compliance issues, employment-related conflicts, and intellectual property disputes. A dedicated litigation advisory service equips companies with tailored legal strategies to mitigate risks, manage disputes efficiently, and safeguard their interests.

By offering specialized legal guidance, dispute advisory services enable organizations to address issues proactively, preventing them from escalating into expensive and time-consuming litigation. In instances where litigation becomes necessary, these services provide representation and strategic counsel to navigate court cases and arbitration processes effectively.

Key Focus Areas of Litigation & Disputes Advisory: Contractual Disputes: Support in resolving matters related to contract breaches, non-compliance, or disagreements over contractual terms.

Employment Disputes: Management of cases involving wrongful termination, employee misconduct, or adherence to labor regulations.

Regulatory and Compliance Issues: Assisting businesses in meeting local and international regulatory requirements to avoid legal repercussions.

Corporate Governance Disputes: Guidance on internal conflicts among stakeholders, shareholders, and board members.

Intellectual Property Disputes: Safeguarding intellectual property rights and addressing cases of infringement or misappropriation.

Advantages of Litigation & Disputes Advisory Services: Risk Reduction: Proactively tackling potential legal challenges can avert disputes from escalating into significant litigation. Strategic Legal Support: Expert advisory ensures that organizations receive well-informed legal strategies and representation in court or arbitration settings. Cost Savings: Timely resolution of disputes can greatly lessen the financial impact of extended litigation. Reputation Protection: Managing disputes effectively helps maintain a company's reputation in the marketplace.

[dwarvendiaries]

This is because the US has no legally mandatory paid leave, isn't it?

World Mandatory Minimum paid leave data: White - No data, Grey -  No mandatory vacation, light green -   1–5 days, mid-green -   6–10 days, turquoise - 11–15 days, Blue - 16–20 days, Dark Blue - 21–22 days, Navy -23–28 days

You can't see the other coutnries with no paid leave because they are Micronesia, Palau and Nauru.

From the media that brought you "Millennials are killing [insert industry here]" articles for years and years and years, now we have....

"Hey, Gen Z, we're gonna relabel vacations into something else now and tell you how you really should be wary of taking vacation because it might impact your financial future."

This is a goddamn dystopia, we know this, right?

[legalconclave]

legal conclave lawyer

Manohar N

 Started from 1992

Animal Laws,Banking Laws,Civil Laws,Labour Laws,Torts,Criminal Laws,Cyber Laws,Documentation,Constitutional Matters,Family Laws,Motor Vehicle Accidents Cases,Property Laws / Building Laws,Taxation

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Kannada, English

[newzquest]

Is there a middle ground for Gen Z between a 21-year-old graduate going viral for crying over a 9-5 job and Narayana Murthy's 70-hour work week?

Not to mention that there are countries with 8.5 hour necessary work hours, such as Mexico (41 hours) and Costa Rica (46 hours), while others, such as Japan, Spain, Iceland, and Belgium, continue to struggle with a four-day work week regulation. So, where is the ‘golden middle way’ for Gen Z, particularly in a post-Covid workplace? The work-life balance of Generation Z has been the subject of…

[tiggymalvern]

Her union rep (assuming she's a member) will take this up with glee. This clearly falls under freedom of speech and she can sue their asses.

Labor and delivery nurse Hesen Jabr, who is Palestinian American, was being honored by NYU Langone Health for her compassion in caring for mothers who had lost babies when she drew a link between her work and the suffering of mothers in Gaza. “It pains me to see the women from my country going through unimaginable losses themselves during the current genocide in Gaza,” Jabr said, according to a video of the May 7 speech that she posted on social media. “This award is deeply personal to me for those reasons.” Jabr wrote on Instagram that she arrived at work on May 22 for her first shift back after receiving the award when she was summoned to a meeting with the hospital’s president and vice president of nursing “to discuss how I ‘put others at risk’ and ‘ruined the ceremony’ and ‘offended people’ because a small part of my speech was a tribute towards the grieving mothers in my country.” She wrote that after working most of her shift she was “dragged once again to an office” where she was read her termination letter and then escorted out of the building.

[parisimms]

UK people, and tbh everyone else should read this too. Just because it's happening "only here" doesn't mean you should ignore it and sit comfortably thinking it won't happen where you are, because it absolutely will. It's only a matter of time.

They're coming for Spotify next. If the censorship of "adult content" wasn't enough for you to be convinced that it's a mass censoring of the internet in order to control the people. Then this should be.

Handing over your ID willy nilly to sites and putting your trust into them to only use it once, then get rid of it is absolutely ludicrous. Do not give your IDs to these sites. Do not. The Tea app being breached and having women's faces leaked is proof these apps will not keep your personal information safe.

Keep being loud. Keep sharing information. Do not sit down and let them do this. They've already denied the petition that has 400k+ signatures.

This is never about the children. Pedophiles in this country don't get the punishments they deserve. The government doesn't care about it and turns a blind eye every time. This censorship is about control, not the children.