Photo of Richa Mohanty Rao

Partner in the General Corporate Practice at the Delhi Office of Cyril Amarchand Mangaldas. Richa has advised extensively on matters such as transition of employees in case of mergers and acquisitions, individual and mass redundancies, advisory on sexual harassment matters, employee investigation, social security benefits including provident fund, gratuity, superannuation, etc., contract labour arrangements, trade union issues, conciliation proceedings initiated by workmen, etc. She has also conducted workshops on some of these issues and is currently a member of a Special Taskforce on Employee Relations, at the Confederation of Indian Industry (CII), Northern Region. She can be reached at richa.mohanty@cyrilshroff.com

Introduction

In order to reduce the impact of termination of employment and to provide security to employees from sudden loss of job in the private sector, a private member bill, namely the Terminated Employees (Welfare) Bill, 2020 (“Bill”), was introduced by BJP MP Mr. Rakesh Sinha on February 07, 2020, in the Rajya Sabha. In the absence of any specific law imposing an obligation on employers to provide post-employment benefits for the period of unemployment, this Bill provides pecuniary benefits to dismissed employees to overcome the general economic hardships resulting from loss of employment. The key provisions of the Bill are summarised below:
Continue Reading Analysis of the Terminated Employees (Welfare) Bill, 2020- Good intentions but is it feasible?

EPFO tightens norms around Provident Fund inquiries under Section 7A

The Employees Provident Fund Organisation (EPFO) has recently issued Guidelines for Initiation of Inquiries under Section 7A (“Guidelines”) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”)[1]. Section 7A is the provision under which PF commissioners (who are vested with the powers of a civil court), can initiate an inquiry, by order, to determine (i) the applicability of the EPF Act to an establishment in case of a dispute; and (ii) to determine amounts due from any employer under the EPF Act and its schemes.

The EPFO has recognised that currently, assessing officers are following different yardsticks for initiating inquiries under Section 7A, which often leads to inquiries being initiated for wholly insufficient and untenable grounds, causing general resentment among the employers on one hand and prolonged pendency of inquiries on the other. The Guidelines have been issued to prevent such deleterious effect.
Continue Reading EPFO tightens norms around Provident Fund inquiries under Section 7A

Sec 377 LGBT Employment in India

The Supreme Court of India has held Section 377 of the Indian Penal Code, 1860 (IPC) to be unconstitutional, in so far as it penalises any consensual sexual relationship between two adults, be it homosexuals, heterosexuals or lesbians (Navtej Singh Johar v. Union of India and Ors. (2018) (Johar Judgment). By way of this landmark judgment, the Supreme Court has overruled its earlier decision in Suresh Kumar Koushal v. Naz Foundation (2013), whereby, the validity of Section 377 of the IPC had been upheld.
Continue Reading What Does the Section 377 Judgment Mean for a Modern Day Employer?