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Faiza Khan

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Senior Associate in the Employment Law Practice at the Delhi office of Cyril Amarchand Mangaldas. Faiza advises clients on matters involving employment and labour law related issues. She can be reached at faiza.khan@cyrilshroff.com

Karnataka High Court rules cab-aggregator drivers are employees under POSH Act: Broader implications for gig workers in India

In a significant legal development,the Karnataka High Court (“HC”) inMs. X v. ANI Technologies Private Limited (“Respondent“) and Others[1] inter alia held that the driver-subscribers of the Respondent were its ‘employees’ for the purposes of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), and hence, the Respondent was in violation of the POSH Act for not taking any action against a driver-subscriber despite several attempts of the aggrieved customer to seek redressal (“Petitioner”). The writ petition was filed by the Petitioner, pursuant to inaction on the part of the Respondent and the internal committee (“IC”) constituted by it under the POSH Act, to consider the Petitioner’s request to inquire into her complaint of sexual harassment on the grounds that the IC lacked jurisdiction to do so as the said accused driver was not an ‘employee’ of the Respondent, but an independent contractor.Continue Reading Karnataka High Court rules cab-aggregator drivers are employees under POSH Act: Broader implications for gig workers in India

Vocal for Local - Overview of the Haryana State Employment of Local Candidates Act 2020

Introduction

The Haryana State Employment of Local Candidates Bill, 2020 (“Bill”), which was passed by the Legislative Assembly of Haryana on November 5, 2020, received the assent of the Governor of Haryana on February 26, 2021. The Haryana State Employment of Local Candidates Act, 2020 (“Act”), has been published for general information in the extraordinary gazette of Haryana on March 2, 2021, and will come into force, once it is notified by the Government of Haryana (“Haryana Government”). The Act is applicable to (i) all companies, societies, trusts, limited liability partnerships, partnership firms, (ii) persons employing 10 (ten) or more persons and (iii) any entity as may be notified by the Haryana Government and will be operational for a period of 10 (ten) years from the date of its commencement. The Act does not apply to the Central or the State Government or any organisation owned by either of them. The draft rules under the Act are currently awaited.
Continue Reading Vocal for Local: Overview of the Haryana State Employment of Local Candidates Act, 2020

Prevention of Air Pollution from Ships

The International Maritime Organization (IMO) developed the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) with the aim of preventing pollution of the marine environment by ships. Regulations for the Prevention of Air Pollution from Ships are provided for in Annexure VI to the MARPOL Convention and they seek to control airborne emissions from ships by prescribing limits on emissions.

Today, the shipping sector accounts for 12% of global sulphur dioxide emissions, 13% of global nitrogen oxide emissions and 3% of global carbon emissions.[1] Shipping fuel constitutes 7% of the global transport oil demand – however, global shipping emissions account for 90% of the transport sector’s sulphur emissions.
Continue Reading Laundered Air on the High Seas- IMO 2020