Madras High Court Rules Late Complaint in Sexual Harassment Case as Legally Valid

Madras High Court Rules Late Complaint in Sexual Harassment Case as Legally Valid

R. Mohanakrishnan v. The Deputy Inspector General of Police & Ors.; W.P. No. 10707 of 2024 and W.M.P.Nos. 11796 & 11797 of 2024; Madras High Court

The petitioner, a senior government official, filed a writ petition challenging the report of the Internal Complaints Committee (ICC) formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The ICC had conducted an inquiry into allegations of sexual harassment made against the petitioner by multiple female employees, one of whom accused him of a serious offense of sexual assault dating back to 2018.

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INTERNATIONAL NEWS:

Employment tribunal backlog worsens in the UK

The first quarter of 2024 shows nearly 44,000 single claims and lead cases in multiple claims, marking a significant rise from 2023. This aligns with the trends Claims Media has reported on elsewhere in the justice system. While the number of new claims has grown, the rate at which cases are being resolved has dropped. Disposals of single claims in the quarter from April to June were down 4% from the same period last year, and the total number of cases resolved over the entire 2023/24 reporting year fell by 6% compared to the previous year.

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Labour publishes Employment Rights Bill, but ‘kicks can of contractor issues down the road’

A major shake-up of workers' rights is on its way, but the reforms proposed are still being worked out and it is still unclear how some will work in practice. The government says the measures in the Employment Rights Bill mark the "biggest upgrade to rights at work for a generation". However, some business groups have expressed concern at the plans, while others have argued that the government has watered down or delayed certain elements to try to keep both employers and employees happy. Changes could still be made to proposals before most of them take effect in two years' time, but here is what is being proposed and how it could affect you.

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Recruitment firm warns ahead of sexual harassment law changes

A recruitment expert has warned businesses across the hospitality and catering sector to be prepared for the introduction of new workplace sexual harassment laws. The alert has come from industry specialist Kasia Krieger, Business Manager at catering and hospitality jobs firm Pineapple Recruitment, ahead of extensions the government is making to the Worker Protection (Amendment of Equality Act 2010) Act 2023. From October 25 2024, there will be a mandatory legal duty for all employers to take reasonable and proactive steps to prevent sexual harassment of their employees.

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Tesla faces second lawsuit in Sweden over alleged labour law violations???

Swedish trade union “IF Metall” has filed a lawsuit against Tesla alleging the company failed to inform employee representatives of workplace changes, which is mandatory under the country's labour laws, union officials said on Thursday. It was “IF Metall's” second lawsuit this year alleging that the U.S. electric vehicle maker was in breach of Sweden's Co-Determination Act that stipulates companies must inform labour unions of major changes.

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NATIONAL NEWS:

The Great Indian Employment Paradox: The More You Learn, The Less You Earn

Educated unemployment is a significant issue in India, challenging the traditional belief that higher education leads to better job prospects. According to data released by the Ministry of Statistics and Programme Implementation (MOSPI) in the Periodic Labour Force Survey (PLFS), the rate of unemployment among educated individuals is surprisingly higher than those with no or little education. The Ministry of Statistics and Programme Implementation have put together their detailed Annual Report (PLFS) 2023-24 by roping in National Sample Survey Office (NSSO) who have been conducting the Periodic Labour Force Survey since 2017.

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Samsung India strike puts spotlight on powerful Indian labour group?

Police have detained around 100 striking workers and union leaders protesting low wages at a Samsung Electronics plant near Chennai, as they were planning a march on Monday (September 16, 2024) without permission, police officials said. The detention marks an escalation of a strike by workers at a Samsung home appliance plant near Chennai. Workers want higher wages and have boycotted work for seven days, disrupting production that contributes roughly a third of Samsung's annual India revenue of $12 billion.

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Probe into EY Indian employee's death finds office lacked labour welfare permit

EY faces scrutiny in India over the death of audit executive Anna Sebastian Perayil, which her mother blamed on a "backbreaking" workload in a letter to EY India's chairman. An Ernst & Young (EY) office in western India, which employed a 26-year-old who allegedly died after facing a high workload, has operated since 2007 without a state permit which regulates work hours, a senior government official told Reuters. The incident has already sparked a federal government investigation.

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9-hour workday, 36 leaves: Kerala govt confirms employment laws apply to IT companies

Kerala Chief Minister on Monday stressed on the need to ensure that labour laws are strictly adhered to in all sectors of the country. Employees are subjected to restless work, threats of dismissal and denial of labour rights in some sectors including the IT sector in the country, the CM told the state Assembly. The Chief Minister was replying to a Calling Attention motion moved in the House regarding the recent death of Anna Sebastian, a 26-year-old chartered accountant who allegedly died due to work-related stress four months after joining Ernst & Young (EY) in Pune.

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JUDGEMENTS:

Start-ups cannot be inspected under the EPF Act in the first year of their being set up.

Edunetwork Private Limited and others v. The Regional Provident Fund and Others; CWP No. 4679/2018; Bombay High Court


A person would be in a 'permanent job' if his salary is increased periodically

Smt. Anjum Ansari and Others v. R. Rajesh Rao and Others; MA. No. 2423/2018; Madhya Pradesh High Court


Compensation paid by employer on direction of the Court cannot be refunded even if award is set aside.

Management of M/s. Aisin NTTF Pvt. Ltd. V. Workmen of M/s. Aisin NTTF Pvt. Ltd. & Anr.; C/W WP No. 17588/2012; Karnataka High Court


Provisions of Maternity Benefit Act would be attracted even if the woman was on probation.

The Secretary, Managing Committee, Loreto Convent & Anr. V. Ms. Sharu Gupta & Ors.; LPA No. 76/2024; Himachal Pradesh High Court


DID YOU KNOW:

In the UK, the zero-hour contract is an employment contract in which an employer does not guarantee the individual any work and the individual is not obliged to accept any work offered. In the past few decades, zero-hour contracts have become commonplace in most industrialized nations. This trend is part of a wider increase in nonstandard working agreements often referred to as the ‘gig economy’.        

MUST READ:

Workers must keep all customer tips under new law

Businesses have been banned from withholding tips or service charges from their staff under new rules that have come into force. More than three million service workers in England, Scotland, and Wales should benefit from the law which comes into force on Tuesday. The Employment (Allocation of Tips) Act 2023, which came into effect on 1 October 2024, enforces the distribution of 100% of tips and service fees to the employee. All tips, whether in cash or by card, must be shared between workers by law in Britain, with millions of workers such as those working for cafes, pubs, restaurants, taxi companies and hairdressers most likely to benefit.

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Reimagining Workforce Retention Strategies Through Employee Co-Ownership

The war for talent is a raging inferno and continues even in 2024. Fueled by the rapid ascent of automation and a post-pandemic economic shift, competition for skilled professionals has become more intense. Gartner predicts a staggering 50-75% increase in employee turnover compared to prepandemic times, further compounded by longer hiring cycles. The pressure on HR leaders to attract and retain top talent has never been greater. It has now become imperative for HR Business Partners (HRBPs) to foster a culture of career progression and a humanised workplace experience

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Meesho announces 9-day leave for its employees.

The Indian e-Commerce Platform, Meesho has shared in a LinkedIn post, that the employees are going for nine days of paid leave to “reset and recharge”. This gesture by the e-commerce site, for the fourth time in a row, has left people happy. “No laptops, Slack messages, emails, meetings, or stand-up calls, nothing work-related for 9 days!” the company shared on its official LinkedIn profile, adding that this is their “4th consecutive companywide, reset and recharge, break.” The employees will enjoy a break from October 26th to November 3rd.

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