Orissa High Court Enforces EPF and ESI Benefits for Casual Employees

Orissa High Court Enforces EPF and ESI Benefits for Casual Employees

Odisha University of Agriculture and Technology, Bhubaneswar and another vs. OUAT Workers’ Union and others; W. A. No. 1689 of 2023

The Orissa High Court delivered a judgment on the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) and the Employees State Insurance Act, 1948 (ESI Act) to casual employees. The appeal was filed against a judgment by the Single Bench Judge, which directed the management of a prominent agricultural university to extend the benefits of the EPF and ESI Acts to its casual employees.

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NEWS

Anti-scab legislation receives royal assent

The?Senate passed the bill?last week after it?unanimously passed?through the House of Commons late in May.?The?legislation?was first introduced on Nov. 9, 2023. It passed?second reading?with?all-party support, noted the Nova Scotia New Democratic Party (NSNDP). It, however, has faced opposition form the?Canadian Chamber of Commerce.

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Legislature Amends Controversial 'PAGA' Employment Law After 20 Years

On July 1, 2024, Governor Newsom signed Assembly Bill 2288 and Senate Bill 92 into law, providing the most substantive changes to the Private Attorney General Act of 2004 (“PAGA”) in its 20-year history. AB 2288 amends Labor Code section 2699, while SB 92 amends Labor Code section 2699.5 and amends, repeals and adds Labor Code section 2699.3. These bills eliminate, narrow, and revamp many of the provisions that employees have long relied upon to collect Labor Code penalties for wage and hour violations

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Abu Dhabi extends maternity leave to 90 days for some employees in private sector

In a landmark move, Abu Dhabi has extended maternity leave for certain private sector employees to 90 days, aligning more closely with public sector benefits. This extension reflects the emirate’s commitment to supporting working mothers and promoting family-friendly policies. After the female employee resumes, she is entitled to two hours of daily leave for the first year after delivery to nurse her child. Male employees are entitled to three days’ paternity leave.

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Amazon to pay $5.9-million fine for California labour violations

The Labor Commissioner’s Office of California has ordered Amazon to pay almost $6 million in fines due to its violation of the Warehouse Quotas law, which was enacted in 2021, involving two of its distribution warehouses in Moreno Valley and Redlands. According to Labor Commissioner Lilia García-Brower, her office found Amazon failed to provide written notice of quotas to its employees working in the warehouses, which is a clear violation of the law. However, in its defense, Amazon said that they did not need a quota system because it uses a peer-to-peer evaluation system, something that the law wants to prevent.

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NATIONAL NEWS

Budget 2024: Will Budget hint at need for labour codes to help the workers?

India’s Finance Minister is likely to ring in the various positives which the economy has been a witness to, at the upcoming Budget next week. It will include the sharp over-8 percent spike in GDP growth for FY24, year-on-year capex growth, a boost to digital payments and record foreign exchange reserves.?

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Karnataka releases draft Bill to protect platform-based gig workers

As per a Public Notice dated 29 June 2024, the Karnataka government has released the draft Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024 inviting objections/ suggestions. The notice also provides for a 10- working day period from the date of its publication on the Labour Department Website for providing suggestions or raising concerns.

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Investments over welfare? Karnataka’s labour law exemption to IT, ITES firms gets pushback

In a recent move that has significant implications for the Information Technology (“IT”)/ IT-enabled services sector (“ITeS”) and start-ups in Karnataka, the state government has once again exempted certain categories of establishments from the applicability of the Industrial Employment (Standing Orders) Act, 1946.

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Maternity leave: Govt. employees to get 6-month break for surrogacy— here are the new rules for ‘commissioning’ couples

Women government employees can take 180 days of maternity leave in case they have children through surrogacy after amendments were announced to a 50-year-old rule by the Centre. It has also allowed the “commissioning mother” (the intending mother of the child born through surrogacy) with child care leave besides paternity leave of 15 days to the “commissioning father”, according to the changes made in the Central Civil Services (Leave) Rules, 1972.

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JUDGEMENTS:

1.?Weekly offs cannot be deducted while calculating the number of days an employee has worked.

Hem Singh Chauhan vs. State of Rajasthan; W.P. No 14007/2023

2.?Employee cannot withdraw resignation after it is accepted by the appropriate authority.

Shriram Manohar Bande v. Uktranti Mandal & Ors.; CA No. 5355/2024 @SLP (C ) No. 21401/2022

3.?Threat of withholding promotion in itself does not constitute sexual harassment.

Vaneeta Patnaik v. The State of West Bengal and others; WPA No. 10583/2024

4.?Even contractual employees engaged by principal employer indirectly are entitled to PF benefits.

Vivekanad School vs. GNCT and Anr. ; W.P.(C) 5712/2010


DID YOU KNOW:

The Occupational Safety and Health Administration (OSHA) is a federal agency dedicated to ensuring safe and healthy working conditions for all the employees. It achieves this by setting and enforcing standards, as well as offering training, outreach, education, and assistance. OSHA's workplace safety inspections have proven effective in lowering injury rates and its associated costs, all without negatively impacting employment, sales, credit ratings, or the survival of businesses.?


MUST READ:

All Change! Labour Government – What Should Employers Be Doing Now?

https://www.mondaq.com/uk/employee-rights-labour-relations/1489496/all-change-labour-government-what-should-employers-be-doing-now


Explained: Are Germany's Labour Law stopping Spain from playing Lamine Yamal for full 90 minutes at Euro 2024

https://www.cnbctv18.com/sports/explained-are-germanys-labour-law-stopping-spain-from-playing-lamine-yamal-for-full-90-minutes-at-euro-2024-19437265.htm


Canada's Sustainable Jobs Legislation: A milestone for workers and communities on the path to net-zero

https://www.iisd.org/articles/statement/canada-sustainable-jobs-act-bill-c-50


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