Industrial Disputes Act 1947

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?

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!!