Employment Law

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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

Maternity Benefits Granted Beyond the Contractual Term in Fixed Term Contracts

In August 2023, in Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department and Ors. (“Kavita Yadav Case”),[1] the Supreme Court of India (“Supreme Court”) overruled the High Court of Delhi’s (“Delhi HC”) decision from 2019 in the same case (“Kavita Yadav Delhi HC Decision”) to hold that fixed-term employees would be entitled to full maternity benefits under Section 5 of the Maternity Benefit Act, 1961 (“Maternity Benefit Act”), even after the expiry of their contractual term.   Continue Reading Maternity Benefits Granted Beyond the Contractual Term in Fixed Term Contracts

Employer safeguards in the wake of ‘Loud Quitting’

In the ever-evolving landscape of professional dynamics, a recent trend has emerged where employees have been publicly expressing their dissatisfaction and grievances with their employers after resigning from their jobs, often through social media platforms. This phenomenon has been termed as ‘loud quitting’. This practice marks a stark shift from the previous subtle ways that employees chose to express dissatisfaction about their work environments. Continue Reading Employer safeguards in the wake of ‘Loud Quitting’

Moonlighting

Introduction

Moonlighting is the colloquial term used to refer to the practice of employees working a second job, in addition to their primary job. The last few weeks saw myriad news reports on this practice in start-ups and the IT/ITES industry. Most companies have released statements opposing the practice and some have even taken action against moonlighting employees. Some companies have, however, indicated that they are open to allowing employees to moonlight within a defined framework.Continue Reading Moonlighting – Legal Considerations and Contractual Regulation

Legal Framework and Mitigating Risks Associated with Employee Downsizing in India SMM

Over the past couple of months, India Inc. has seen a spurt in employee downsizing, loosely termed as layoff. The impact is felt more prominently in the start-up sector where, in the face of reduced funding, there has been a significant cutback in the number of employees. The downsizing is done in a bid to save costs associated with employee expenses and to increase business profits.
Continue Reading Legal Framework and Mitigating Risks Associated with Employee Downsizing in India

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

The Maternity Leave Incentive Scheme, 2018 for working women in India

The Maternity Benefit Act, 1961 (MB Act) was amended in 2017 (Amendment), to enhance/ increase the maternity leave period to 26 weeks from the previous 12, for a woman employee, for the first two children. This blog follows on from our previous posts wherein we discussed the obligations under the Amendment that were solely applicable to an employer. Read our previous post here.

Since the Amendment was aimed to ensure the health of women employees pursuant to giving birth, and to also ensure safety of the new born child, it appeared to be a positive development for women employees in the private sector. However, the implementation of the Amendment has been inadequate and ineffective.
Continue Reading The Maternity Leave Incentive Scheme, 2018: Blessing in the Pipeline for Working Women in India

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Protection and Control) Act, 2017

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Protection and Control) Act, 2017 (the Act) was enacted on September 10, 2018.

The Act was introduced since India is a signatory to the United Nations’ Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, 2001.

The Act provides for the prevention, control and protection of human rights of persons affected by the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS).
Continue Reading Introduction to the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Protection and Control) Act, 2017

Indian Industrial Law - Wages

In its judgment dated September 20, 2018, the Supreme Court of India (SC), in the matter of Rajasthan State Road Transport Corporation, Jaipur vs. Shri Phool Chand[1] (Phool Chand) has ruled on a worker’s (workmen as per Industrial Disputes Act, 1947) entitlement to back-wages, if he/she his reinstated.

Under Indian labour and industrial laws, the provisions pertaining to a worker’s entitlement to back-wages is covered under the legal regime of Industrial Disputes Act, 1947 (ID Act).

In this regard, the ID Act stipulates that a worker[2] will be entitled to back-wages during pendency of proceedings.
Continue Reading Back Wages Upon Reinstatement: An Entitlement Which Has To Be Determined!!

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?