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Labour & Employment

In the contemporary business scenario, employment related issues are not confined only to appointment letters/ employment contracts, but also to confidentiality agreements or non-disclosure agreements.

Even today, an outsourcing contract is a vital document as large number of contract labour is seeking either permanency with the principal employer or parity in wages with other permanent employees.

Gone are those days when employment litigation was confined to mere labour related issues. Now employment litigation has widened its scope to include disputes between the managerial staff on one hand and the company on the other hand. This is a new challenge.

CHALLENGES

  • Recession
  • Competition
  • Finances
  • Increasing costs but not proportionate increase in selling price
  • Civil litigation between executives and the company is increasing.
  • Contract labour is seeking permanency by getting violent and without taking recourse to law.
  • Trade Unions are more powerful and resort to Legal measures readily.

These challenges were there and will remain forever, but present challenges are different.

OBSERVATIONS

Changes in Maternity Benefit Schemes through The Maternity Benefit (Amendment) Act, 2017 have been made effective since April 1st, 2017. The central government has also provided clarifications as to the applicability and extension of benefits to women employees. Under the new ‘Ease of Compliance Rules’,  56 registers required under 9 separate national labour laws have been merged into 5 combined registers.The 9 affected national laws cover Construction, Contract labour, Equal remuneration, Intra state migrant workers, Mines, Minimum wage, Payment of wages, Sales promotion employees, Newspaper employees. This will go a long way in improving India’s current ranking of #130 amongst 190 countries in Ease of doing Business Index.

Rightsizing does not have to be a legal quagmire!

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