Advertisers Beware! Supreme Court Introduces Self-Declaration Rule Against Misleading Ads
Karma Management Global Consulting Solutions Pvt Ltd
Enhancing HR & Compliance with Efficiency
The Supreme Court of India recently ruled on the issue of misleading advertisements, particularly in the health and food sectors. The case, Indian Medical Association vs. Union of India, focused on deceptive marketing practices that violate laws like the Drugs and Magic Remedies (Objectionable Advertisements) Act and the Consumer Protection Act.
INTERNATIONAL NEWS:
UK Bolt drivers win legal claim to be classed as workers
UK Bolt drivers won a legal claim to be classified as workers, rather than self-employed contractors, in November 2024 Employment tribunal rules 15,000 drivers for private hire-hailing app are not self-employed contractors
Oman – Ministry of Labour Increases Restrictions on Professions Allowed for Expatriates in Oman
On September 2024, the Oman's Ministry of Labour issued Minitrial Decree No. 501/20241 which amends the earlier Ministerial Decree No. 235/20222 to include additional profession restrictions for expatriates. Decree No. 501/2024 (“Decree") came into force on 2 September 2024 and further phases will follow.
Employers exempt from late payment fines in October, November: UAE's GPSSA
The U.A.E.'s General Pension and Social Security Authority (GPSSA) has exempted employers in the federal, government and private sectors from incurring fines for late contribution payments due for October and November 2024.
Green Alliance seeks permission to intervene in legal case threatening environmental principles
Green Alliance has sought permission from the Court of Appeal to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin). This case pertains to housing energy efficiency standards and is expected to set a precedent for how the government considers environmental issues in future policies.
NATIONAL NEWS:
NHRC notice to Faridabad admn. over labour laws’ violation
Human rights are the inherent rights that individuals have by virtue of being human. These rights are universally and equally valid for all people and last for all time. Violating human rights would mean not recognizing the inherent worth of human existence.
SC slams centre for ineffective 'toothless' environmental laws, penalties
The Supreme Court on October 23 slammed the Union government for making environment laws ‘toothless’, stating that the provisions of the CAQM Act related to penalties for stubble burning have not been implemented.
New labour codes set for rollout as 25 states finalise draft rules
The stage is finally set for the long-delayed roll-out of the four labour codes passed by Parliament in 2019 and 2020, with 25 out of the country’s 28 states and all eight union territories having finalised the draft rules under these laws. According to official sources, the remaining three states, including West Bengal, which had earlier raised several concerns over the codes, have agreed to frame the subordinate legislation, to give effect to the codes.
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Supreme Court to rule on whether the rules of public employment can be changed mid-process
In a significant decision, the Supreme Court of India ruled that eligibility criteria or rules governing recruitment for government jobs cannot be altered midway through the selection process unless the existing rules specifically allow it. This judgment was delivered by a fivejudge Constitution Bench led by Chief Justice DY Chandra Hud, with Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra concurring.
?JUDGEMENTS:
Employer is not liable to pay EPF dues to workers of the contractor when they have not been identified.
Provisions of Maternity Benefit Act would be attracted even if the woman was on probation.
EPF Act would be applicable on employees not covered under un-exempted establishment's contributory scheme.
Appointment letter cannot be disregarded only because of absence of employee's signature.
DID YOU KNOW:
In the UAE, female employees are entitled to 60 days of maternity leave, with the first 45 days fully paid and the following 15 days at half pay. Maternity leave can begin up to 30 days before the expected delivery date. If a health condition related to pregnancy or childbirth prevents her from returning to work, an additional 45 days of unpaid leave may be taken, either consecutively or intermittently, with a medical certificate.
MUST READ:
India’s real jobs problem is not unemployment. It’s the lack of quality employment
?The quality of employment has gone down, even if the numbers of those employed are rising fast. This is at the core of the real jobs problem. India’s unemployment rate increased for the fourth consecutive month to 8.11% in April from 7.8% in March 2023, showed data released by the Centre for Monitoring Indian Economy (CMIE) on May 1. India’s unemployment rate was at a three-month high in March at 7.8%; it was 7.45% in January and February. It rose to 8.3% in December, the highest in 16 months, from 8% in the previous month.
UK: Fire and rehire –where are we now and what happens next?
From July 2024, for England, Wales and Scotland, the UK's first Statutory Code of Practice on ‘Dismissal and Re-engagement' came into effect. The Code imposes expected procedures on employers wishing to use 'fire and rehire'. The Code demonstrates that 'fire and rehire' should be a last resort following meaningful consultation with employees or their representatives.
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The Labour plan for trade unions that will cripple the British economy
The Labour leader is planning major reforms that will heap pressure on businesses. Labour’s deputy leader Angela Rayner has drawn up a “new deal” for workers that she wants to introduce in the first 100 days of a Labour government. It includes plans to create a single status of "worker" to end self-employment in the so-called gig economy - firms such as Uber and Deliveroo.
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