Kapgrow-Legal Updates的动态

Kapgrow Update: 1. The Madhya Pradesh High Court ruled that employers are best positioned to organize their workforce and that the principles of equality, as outlined in Articles 14 and 16 of the Constitution of India, do not apply to job transfers. 2. The Orissa High Court held that there is no need of granting an opportunity of hearing to a delinquent employee at the stage of fact-finding inquiry. It is a settled position that a fact-finding inquiry is an administrative mechanism instituted for gathering and ascertaining the relevant and correct state of affairs. The nature of such inquiry is preliminary and not penal. Thus, given the nature of the inquiry, there is no need for granting even hearing to the petitioner, much less any opportunity for cross-examination. For any legal opinion on Labour and Employment matters, please feel free to connect with Team Kapgrow at [email protected] / 9310270884 / 7503110330 To know more about us, please visit www.kapgrow.com

MUMBAI KAMGAR SABHA MAHARASHTRA **Subject: Urgent Appeal to Kamgar Union: Address the Exploitation of Young Employees at Policy Bazaar** Respected Members of the Kamgar Union, I am reaching out to bring to your attention the disturbing working conditions at **Policy Bazaar**, where young employees, particularly those who have recently completed their HSC/12th grade, are being **exploited** in the name of employment. These young workers are promised standard working hours of 10 AM to 7 PM, but in reality, they are often forced to work **11 to 12 hours a day**. This exploitation is not only a violation of labor laws but also a grave injustice to these young individuals who are just starting their careers. It is even more concerning that the **HR team is aware** of these practices but is pressured by top management to ignore them, all in the pursuit of more business, no matter the cost to the employees. This toxic culture has led to young workers being coerced into signing undertakings that commit them to work **365 days a year** if the company demands it. Such extreme and unethical demands are creating a highly stressful and unhealthy working environment. Most of these young employees are afraid to speak up or raise their concerns due to fear of losing their jobs or facing retaliation. They feel trapped in a system that exploits their vulnerabilities, leaving them without a voice. As a union dedicated to protecting the rights of workers, I urge you to **intervene** and investigate the working conditions at Policy Bazaar. These young workers need your support to ensure that their rights are respected, and they are treated with dignity and fairness. Please take action to put an end to these exploitative practices and ensure that Policy Bazaar is held accountable for their treatment of employees. Thank you for your attention and support in this matter. In solidarity.

ANNOUNCEMENT !!! We are thrilled to announce the 4th Edition of the Global Symposium on Labour and Employment Laws, scheduled to be physically held on campus on the 22nd and 23rd of March 2025 at the J.S. Verma Convention Centre, NLIU Bhopal. The theme for this year’s symposium is ‘A Changing Paradigm of 'Industry' under Labour and Employment Laws.’ This edition aims to delve into the evolving concept of ‘industry’ within the ambit of labour and employment regulations, addressing contemporary challenges and highlighting emerging trends in this ever-transforming legal landscape. Further details will be shared in the official brochure, which will be released soon. Contact details : For queries, please email [email protected] with 'Query 4th Global Symposium on Labour and Employment Laws' in the subject line. Joint-Convenor Zaier Ahmad | +91 7007024982 Joint-Convenor Rupesh Kumar Malviya | +91 8305236731 #GlobalSymposium #LabourAndEmploymentLaws #LegalResearch #LabourLaw #EmploymentLaw #NLIU

?? Maharashtra's Bold Move: Transforming Hiring Practices in Private Companies! ?? The Maharashtra government has introduced a game-changing regulation that requires private companies to notify all job vacancies to state authorities. Non-compliance could attract fines of up to ?50,000—a significant leap from the earlier ?100 penalty. https://lnkd.in/gFgy68PS This mandate aims to create a transparent and structured hiring ecosystem by reviving employment exchanges and centralizing job opportunities for job seekers. For Indian businesses, it introduces a new compliance layer, ensuring every vacancy is visible and accessible to a larger talent pool. However, adapting to the state's job portal system could pose initial challenges. For foreign companies planning to enter Maharashtra, this underscores the importance of understanding local labor laws and aligning recruitment strategies accordingly. While compliance might seem daunting at first, this shift could lead to significant advantages, including access to a broader, diverse talent base. The road ahead might need strategic adjustments, but the potential rewards—both for businesses and job seekers—are immense. ?? What’s Your Take? How do you see this impacting businesses and talent management? Are you ready to embrace this change? Share your insights in the comments below! ?? Follow us for the latest updates on employment regulations and expert advice on navigating compliance effectively. #HRInnovation #MaharashtraJobs #EmploymentReform #IndiaBusiness #TalentManagement #HiringTrends #LaborLaw #FutureOfWork #JobOpportunities #VSGenXSolutions

?????? ?????????????? ?????????? ???? ?????????? ???? ???????????????? ?????????????????????? ?? ???????????????? ?????????? ???? ???????????????????? ??????: The Court emphasized that mere non-mentioning of background situation in a termination order does not make it non-stigmatic. ?? Courts have the authority to examine the context to determine the true nature of a termination order. In a significant ruling, the Court set aside a decision by the Madhya Pradesh High Court ???, which had upheld the termination of an Assistant Project Coordinator under the Sarv Shiksha Abhiyan (SSA) program. The termination was found to be stigmatic, contrary to the state’s claim of it being a simple non-renewal of a contractual position. ? The Court referred to the landmark judgment in ?????????????????? ?????? ?????????????? ??. ?????????? ???? ?????????? (????????) ??, emphasizing that a termination based on misconduct or inefficiency amounts to punishment and must follow due process. The lack of such due process in this case led to the Court’s decision to reinstate the employee with 50% back wages. ???? This ruling serves as a reminder of the importance of due process in employment terminations, particularly where allegations of misconduct are involved. Employers must be vigilant ??? in ensuring that termination procedures are free from stigma and comply with legal standards. ???? #EmploymentLaw #SupremeCourt #HR #KSinghaniaCo #India

The Karnataka government on June 10, 2024 extended the exemption from certain labour laws for IT, ITeS, startups, animation, gaming, computer graphics, telecom, and BPO industries for another five years. The Karnataka State IT/ITeS Employees Union (KITU) has opposed the move, citing the ongoing court case and alleging that many companies didn’t follow the rules during the last exemption period. ?????? ????????????: ???????????????????? ??????????????:?IT/ITeS companies are exempt from the Industrial Employment (Standing Orders) Act, 1946. ?????????????????? ???????????? ?????? ????????????:?While exempt, companies must still follow some guidelines like setting up committees for sexual harassment prevention and grievance redressal. ????????????'?? ??????????:?KITU believes this extension ignores the rights and safety of employees. They staged a protest in March 2024 and filed a writ petition against this decision in the Karnataka High Court. ?????????????????? ????????????: ?????????????? ?????? ???????????????? ????????????????:?Unions like KITU may work harder to make sure companies follow the rules, leading to more legal fights and protests. ???????? ???????????????????????? ?????? ????????????:?Uncertainty about job protections can lower employee morale and reduce productivity, hampering employee retention as well. Join the conversation! Share your thoughts on how these exemptions will affect the future of workplace rights and safety in the tech industry. ?? Remember to stay compliant and informed on latest updates with respect to Labour laws! ?? Get in touch with us at The HR Policy or?https://thehrpolicy.com/?to understand how! ?? We're also offering you a gift of two free downloads to showcase the work we do here at The HR Policy. Head over to?https://lnkd.in/gEZ6z6DF?to get your copy of the same. Stay tuned for more such current news on our TheHRPolicy Press series! #TheHRPolicy #LabourLaws #TheHRPolicyPress #WorkplaceRights #TechIndustry #ITIndustry #EmployeeProtection #Karnataka #KITU To read more about this, visit: https://lnkd.in/gTiSykHH

EL Encashment Guidelines in Telengana State in India?? Dear Industry leaders, Legal experts in Private Companies, Employees in Telengana State, I have a question for you, what are the EL encashment guidelines in Telengana State for Private company employees? As per the Telengana Shops and Establishments Act, section 32 the employees must be paid the daily average salary of an employee multiplied by the number of earned leaves. According to me, when we calculate the daily average salary of an employee it's not just a basic component of the salary, it's the full salary per day. If my understanding is wrong, please point me to which sections of the law states only basic component of a salary to be considered for EL encashment. How have you implemented in your company for EL encashment for employees? How is your company paying EL encashment when you leave the company? Learning is a constant process and I always keep my eyes open on what's happening in the IT industry and how employees gets more benefit as per the law of the land. Employees are the foundation of a company and their rights need to be protected as per the law of the land. Thanks and Regards DJ #Employee #Benefits #EL #Leaves #India #Telengana

Dear All, The Centre for Labour Laws (CLL) at National Law Institute University (NLIU), Bhopal is excited to host the 4th NLIU Global Symposium on Labour and Employment Laws on 22nd-23rd March 2025 at the J.S. Verma Convention Centre, NLIU Bhopal. This year’s theme, ‘A Changing Paradigm of Industry under Labour and Employment Laws,’ will explore the evolving dynamics of industries shaped by legal reforms, technological advancements, and globalization. Key discussions will include industry-labour relations, the gig economy, workforce reskilling, gender equity in employment, and the challenges posed by digital surveillance and globalization. The deadline for abstarct submission is 15th February 2025. Selected papers will undergo a blind review process followed by a double-blind peer review. Accepted papers will be presented at the Symposium, with some featured in the official book on the 4th NLIU Global Symposium. Interested authors can submit their abstracts through the following link: https://lnkd.in/dNXp6DB7 All participants are advised to review the theme, sub-themes, and submission guidelines outlined in the attached brochure before submitting. For detailed submission guidelines and more information, please refer to the event brochure. For queries, please email [email protected] with 'Query 4th Global Symposium on Labour and Employment Laws' in the subject line. #GlobalSymposium #NLIUGSLEL #LabourAndEmploymentLaws #LegalResearch #LabourLaw #EmploymentLaw #NLIU

Employment Law update (for Industrial Units, Schools, Colleges & Hospitals located in Gurugram, Haryana): The Employment Exchange Department, Haryana, has issued a notification addressing all Industrial Units, Schools, Colleges & Hospitals of Gurugram to submit biennial return (i.e, a return to be filed once in 2 years) in Form ER-II under the Employment Exchanges Act, 1959 (Haryana). The due date for submission of said return is 30 September 2024. The requirement to submit biennial return in Form ER-II was abolished in the year 2016. It is after 8 years, that the Employment Exchange of Haryana has revived the said requirement. Industrial Units, Schools, Colleges & Hospitals located in Gurugram, must take the necessary action latest by 30 September 2024.

?????????????????? ?????? ?????????????????????? ????????: ?????????????? ???????? ???????????? ??????????????, ??????????????, ?????????????????? Before ??????????????????'?? recent ?????? ?????????????????????? ???????? for locals, ???????????? ??????????????, ??????????????, and ???????????????? faced significant legal challenges with similar laws. ???????????? ?????????????? (????????): Reserved ????% of private jobs for locals. The ??????? ?????????? suggested it might be unconstitutional due to the potential violation of ?????????? ???????????????????? ??????????? under ?????????????? 14. ?????????????? (????????): Reserved ????% of private jobs for locals. The ??????? ?????????? struck it down, citing violations of ?????????????? 14 (???????????????? ???????????? ????? ??????) and ?????????????? 19(1)(??) (?????????????? ???? ???????????????? ?????? ????????????????????). The court noted concerns over "?????????????????? ??????" and unreasonable restrictions on employers. ?????????????????? (????????): Reserved ??????% of certain state government jobs for locals. The ???????????????? returned the bill, citing it violated ???????????????? 14 and 16(??) (???????????????? ???? ????? ??????????????????). These states' experiences show the legal complexities Karnataka might face. The Supreme Court is now reviewing such quotas. #Employment #Policy #Karnataka #LegalChallenges #JobQuota