Our latest Employment Corner Bulletin addresses the most important developments between April and June 2023 in the world of employment law and HR practices. This edition puts a spotlight on certain changes that are significant for both employers and ...

Recent notifications by the Ministry of Finance have broadened the scope and applicability of India’s anti-money laundering law, by bringing various individuals under the purview of ‘reporting entities’. The notifications also attempt to bring ...

Last month, the Supreme Court of India began hearing a batch of 20 petitions seeking the legal recognition of same-sex marriages. A five-judge constitution bench comprising the Chief Justice of India DY Chandrachud, and Justices Sanjay Kishan Kaul, ...

Amid growing concerns, the Ministry of Finance, on March 07, 2023, brought the trading of cryptocurrency and other digital assets within the ambit of India’s anti-money laundering laws. The Ministry’s notification ensures that all crypto business...

Our latest Employment Corner Bulletin addresses the most important developments between December 2022 and February 2023 in the world of employment law and HR practices. These updates include the new SEZ rules that liberalise WFH regulations, the noti...

On 15th September 2022, the US Department of Justice announced significant revisions in its policy to pursue corporate crimes. The memorandum popularly titled the ‘Second Monaco Memo’ supplements and reinforces existing DoJ policies, while introd...

The Tamil Nadu Social Welfare and Women Empowerment Department, pursuant to Madras High Court’s directions, released a glossary of terms relating to the LGBTQIA+ community. The Madras High Court also instructed Government ministries and their depar...

The Ministry of Commerce and Industry, on December 08, 2022, provided certain significant relaxations to ensure that units in Special Economic Zones (SEZ) can allow their employees to work from home till December 31, 2023. INDUSLAW’s Avik Biswas, I...

‘Attitude bonus’ is being introduced by certain employers, retail enterprises in Andhra Pradesh can now remain open all days of the year, EPFO releases an SOP for settling claims of death, the Supreme Court rules that an employee dismissed post i...

Women employees in Haryana can now work during night shifts, shops and establishments in Punjab can remain open on all days of the year and the EPFO has finally provided guidelines with respect to the status of student-trainees under any of the gover...

The Karnataka High Court recently dismissed an appeal challenging the validity of the Karnataka Government’s order for increasing the retirement age of workmen from 58 to 60 years. The High Court, while dismissing the appeal, has emphasized on Indi...

Onus of proof is always on the employee who alleges wrongful dismissal and claims back wages, to establish that the employee was not gainfully employed post the dismissal. An employee in a transferable job has no vested right to remain posted in one ...

In this Employment Corner bulletin (December 2021 – February 2022), we discuss important judgments dealing with issues such as: (1) An employee can be dismissed based on the findings of disciplinary proceedings even if there is an acquittal in a...

Does the Internal Complaints Committee have jurisdiction to investigate a sexual harassment complaint against an employee who qualifies as an 'employer' under the law? Are employers exploring innovative ESOP schemes in the recruitment strategy to get...

While the hybrid work model has proven to be beneficial in several ways, there remain quite a few challenges that need to be addressed for building a successful hybrid work model in India. Our colleagues Avik Biswas, Vaibhav Bhardwaj and Ivana Chatte...

The Haryana Government on November 6, 2021 notified a law that requires private sector employers to reserve 75% of jobs that offer a monthly salary of less than INR 30,000 (approximately USD 400) for individuals who are domiciled in Haryana. Our coll...

Our colleagues Avik Biswas, Avimukt Dar, and Arunima Kumar discuss recent shifts in India's anti-bribery and anti-corruption strategy, including the amendments made to the Foreign Contribution (Regulation) Act, 2010 and new disclosure requirements th...

In the latest Anti-Corruption Committee bulletin of the International Bar Association, our Anti-Bribery & Anti-Corruption (ABAC) colleagues Avik Biswas, Rithika Reddy and Arunima Kumar analyse how an Indian issuer’s disclosure of potential FCPA vi...

Are employers increasingly exploring the 4 day working week model? Will uniform parental leave policies become a norm in the near future? Is our anti-sexual harassment jurisprudence taking some decisive turns? Our Employment Corner bulletin for Augus...

The Covid-19 pandemic has witnessed the Indian employment sector effectuate several measures aimed at alleviating the hardships of various stakeholders. Our colleagues Avik Biswas, Vaibhav Bharadwaj and Disha Chakrabortty discuss recent trends and de...

INDUSLAW's Avik Biswas, Rithika Reddy and Advika Madhok provide an important update on the mandatory linking of Aadhar with Provident Fund accounts, pursuant to the notification of Section 142 of the Code on Social Security, 2020. This is a significa...

Are penalty clauses becoming popular in offer letters nowadays? Are employers increasingly thinking of offering medical coverage for infertility treatment for their women employees? Our Employment Corner bulletin for June and July 2021 covers these t...

As the world gets increasingly accustomed to ‘work from home’ arrangements for the immediate future, our colleagues Avik Biswas and Rithika Reddy list out some crucial tips for conducting an effective remote investigation, irrespective of whether...

The Employment Law Practice Group, in its Employment Corner Bulletin, discusses the key statutory and jurisprudential updates and developments that took place in Indian Employment Law between March 1, 2021 and May 31, 2021. The Bulletin also covers t...

On March 02, 2021, the Governor of Haryana provided his assent to the Haryana State Employment of Local Candidates Act, 2020. While the statute has not been notified yet, its objective is to have employers comprise 75% of their workforce as local can...

As India has started rolling out its vaccination program, INDUSLAW’s Employment Law practice group has received several queries from employers on the subject. Questions have ranged from whether employers can arrange for vaccinations themselves to i...

The Government of Karnataka has permitted shops and commercial establishments in Karnataka employing 10 or more persons to remain open on a 24 x 7 basis on all days of the year for a period of 3 years, subject to certain conditions. INDUSLAW’s Avik...

On October 8, 2020, the Securities and Exchange Board of India (“SEBI”) amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 thereby mandating listed entities to make certain disclosures in case of initiation of fo...

On October 8, 2020, the Securities and Exchange Board of India brought in an amendment to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The amendment now requires listed entities to make certain disclosures in cases of...

INDUSLAW is a multi-specialty Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai. We advise foreign and domestic clients on matters of Indian law in relation to their transactions, dis...

The governor of Karnataka on July 31, 2020, promulgated the Industrial Disputes and Certain Other Laws (Karnataka Amendment) Ordinance, 2020 in order to facilitate and boost ease of doing business in Karnataka. INDUSLAW’s Avik Biswas, Sowmya Kumar...

The government of Karnataka through a notification dated May 22, 2020 has exempted all factories registered under The Factories Act, 1948 from complying with the provisions relating to weekly and daily hours. INDUSLAW's Avik Biswas, Sowmya Kumar and ...

With a view to provide relief to employers and increase the take-home salary for employees, both employer and employee contribution rates have been reduced from 12% to 10% for the months of May, June, and July of 2020 INDUSLAW's Avik Biswas, Sowmya K...

In April of 2019, the Department of Justice of the United States of America released a Guidance Document aimed at highlighting certain key factors for prosecutors to consider while conducting an investigation of a corporation, determining whether to ...

On April 13, 2020, the Government of Karnataka's Labour Department & Department of Information and Public Relations issued an order which outlined specific directions regarding the continuation of the payment of wages and the non-termination of the s...

As confirmed cases of COVID-19 soar across the world including India, the Central Government together with various State Governments, predictably, have issued a number of regulations to contain this global pandemic. These are uncertain and unpreceden...

The delivery and administration of health care largely rests with individual states in India as health care is a state subject. In view of the fact that World Health Organization on March 11, 2020, declared the coronavirus ('COVID-19') outbreak to be...

With the WHO declaring the Coronavirus outbreak a global pandemic, and with confirmed cases in India rising daily, the Government of India and the Government of Karnataka have issued advisories and circulars for citizens to bear in mind. INDUSLAW's A...

On August 23, 2019, the Ministry of Labour and Employment proposed to amend the Employees Provident Fund and Miscellaneous Provisions Act, 1952, by way of the Employees Provident Fund and Miscellaneous Provisions (Amendment) Bill, 2019. The Ministry ...

The Union Cabinet, on July 3, 2019, passed the Code on Wages, 2017, which amalgamates, simplifies and rationalizes the provisions of the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneratio...

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 stipulates that all entities with more than or equal to 10 employees should constitute an Internal Committee towards redressal of complaints of sexual haras...

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 stipulates that all entities with more than or equal to 10 employees should constitute an Internal Committee towards redressal of complaints of sexual haras...

The Government of Gujarat introduced the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019, which came into effect on May 1, 2019. With this, the Gujarat Shops and Establishment Act, 1948 stands repealed....

Under the Employees State Insurance Act, 1946, the contribution, at a specified rate, payable to the ESI Corporation in respect of an employee comprises both the employer and employee contributions. Until recently, the contribution rate was 1.75% and...

On May 25, 2019, the Government of Karnataka issued a notification to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act, 1946 for another 5 years to certain industries, including the IT/ITES industry. INDU...

One of the recent landmark amendments to the Maternity Benefit Act, 1961 includes placing an obligation on employers to provide facilities. To assist employers in complying with this requirement, the Ministry of Women and Child Development has recen...

Cross border secondments and employee transfers are becoming increasingly common; however, several organizations are unaware of their implications, specifically with respect to social security laws in India. INDUSLAW's Avik Biswas and Sowmya Kumar lo...

The Supreme Court of India recently struck down parts of Section 377 of the Indian Penal Code, 1860, which criminalized sexual intercourse against the order of nature. INDUSLAW's Avik Biswas and Savithran Ramesh analyse the primary grounds in the lan...

The Maternity Benefit (Amendment) Act, 2017 (the "Act") brought into force last year was lauded for its progressiveness and for promoting a more inclusive workforce. However, one of the key stipulations under the Act, requiring every establishment en...

The Prevention of Corruption Act, 1988 (the 'Act') was recently amended by the Prevention of Corruption (Amendment) Act, 2018 (the 'Amendment Act'). Most of the amendments are aimed at tightening up the existing provisions in the Act and expanding th...

When dealing with executive remuneration or compensation, the trend in today's growing market is to find a fine balance between the act of rewarding executives and the growth and progress of the company

The Government of Maharashtra published the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (the 'New Act') earlier in September. The New Act will come into force on a specific date that is yet to b...

The Payment of Wages Act, 1936 (the 'Wages Act') is a Central Government legislation that governs the manner of payment of wages to certain classes of employed persons. The Wages Act, inter alia, ascribes responsibility for the payment of wages, prov...

The Second National Labour Commission in 2002, recommended the division of labour laws into four or five broad groups concerning wages, social security, safety, industrial relations, welfare and working conditions. In 2015, the Union Ministry of Labo...

The Rights of Persons with Disabilities Act, 2016 (the 'Act') and the Rights of Persons with Disabilities Rules, 2016 (the 'Rules') came into effect on April 19, 2017 and June 15, 2017, respectively (together, the 'Disability Law'). The Disability La...

The Maternity Benefit Act, 1961 (the "Act") has been recently subject to certain significant amendments. Women employees are now entitled to additional maternity leave and employers with a certain number of employees are required to provide crèche...

The Ministry of Electronics and Information Technology, Government of India (the "Ministry") has announced the "MeghRaj Policy" (the "Policy") providing directions for adoption of cloud services by various government departments (including central, s...

The Delhi High Court on February 16, 2017, in the matter of Ashok Kumar Singh v. University of Delhi & Ors pronounced on the nature of inquiry reports of internal complaints committees ("ICCs") required under the Sexual Harassment of Women at Wor...

The Budget promises to come up with a plan to consolidate labour laws under four subjects: wages, industrial relations, social security and working conditions.Fragmentation is a big issue as there are more than 100 statutes and many of them overlap, ...

The Employees’ State Insurance (Central) Rules, 1950 ("Rules") has been recently amended and the wage limit for coverage of an employee under the Employees’ State Insurance Act, 1948 stands revised.

The High Court of Delhi (‘the High Court’) pronounced, on 23 September 2016, its decision in a public interest litigation case, Karmanya Singh Sareen and Anr v. Union of India and Ors (‘the Decision’), in relation to WhatsAp...

Another challenge facing corporate houses in such situations is the difficulty in collecting evidence while investigating allegations of sexual harassment. "In most cases, the evidence is circumstantial in nature. Generally, such harassments occur in...

When I am alone at home I am not comfortable with them coming into my house, especially when my neighbours aren't home," she says. "It appears the safety aspect is not something that these companies thought of when putting together their business pla...