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Labour Law: Unfolding Looming Challenges in Employment Law

"Industrial jurisprudence is the corner stone of the fabric of the entire human race."-- Mahesh Chandra

Labour Law can be defined as employment law governing the legal rights and liabilities on workmen and their organisations. It recognises the rights available to working people, workmen, trade unions and employers in the workplace and provides for their duties and relations[1]. Labour Law has been broadly categorised as - Individual Labour Law, which is concerned with the rights of workmen in workplace and Collective Labour Law, providing for the relationship between employer-employee, union and its members, as well as provisions for settlement of disputes, etc[2].

With the start of industrial revolution in the 1850s, labour rights became a vital part for economic and social development and this gave rise to the framing of regulatory guidelines for safeguarding and defining their rights and relations with the employer[3]. Employment laws, cover within its ambit, Industrial relations, for example smooth working of Trade Unions and resolving trade disputes, workplace safety, meaning ensuring safety against accidents and redressal mechanisms and employment standard, meaning provisions regarding minimum wages or working hours regulation, etc. [4]

Labour statutes largely govern and regulate rights and working conditions of blue-collar employees, whereas white-collar employees are governed by private contracts[5]. However, labour falls under the Concurrent list[6], so both central and state have the power to legislate on it.[7] Labour laws are of two types, as stated earlier- individual (working condition of workmen) and collective (employer-employee relationship)[8].

Statutes such as Factories Act, 1948 and Shops and Commercial Establishments Acts (SEAs) focus on the working condition of employees whereas enactments like Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders) Act, 1945 deal with the relations between employer and employee of the organisation. [9] Now, twenty-nine labour laws have been codified into 4 codes- Wage Code, Social Security Code, Occupational Safety, Health and Working Conditions Code, and the Industrial Relations Code[10].

Purpose of Labour Law:
The primary focus and concern of employment laws in 2020 and further were:
  1. With regard to covid-19, the execution of health and safety guidelines for employees in workplace,
  2. Adoption of work from home system of working for employees,
  3. Adoption of digital form of filings and labour law procedures. [11]
"The Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any occupation, trade or business, provided in Article 19(1)(g)[12]." The Contract Act, 1872 also lays out that all contracts that exert restraint on trade are void in nature[13]. However, certain restrictions, in the form of restrictive covenants cannot be regarded as restraint on trade.[14]

These restrictive covenants are to protect the business interests and need to be clearly mentioned in the contract of employment and consented by the employees or notified in the guidelines or rules such that the employer must have knowledge about the restrictions[15]. This will have a deterrent effect upon the employees and prevent them from engaging in activities that may adversely affect the entity, such as disclosing confidential information to competing agencies. [16]
  1. Pre-employment Considerations
    When a foreign employer enters the Indian market, there are a number of aspects that need to be predetermined before they have a place of business in India. For such purpose, they will require an agent or a local entity in India to facilitate all arrangements[17]. It is not mandatory for the foreign employer to set up a local entity immediately and start generating revenue in India, they may hire/engage agents or representatives to meet their business requirements[18]. The employer can employ an agent or representative either through a manpower agency or employing them as an independent contractor.

    In such a case of staffing through a manpower agency, it would be pertinent on the agency to fulfil few conditions- i. processing the salaries of identified employees under them, ii. Satisfaction of all legal compliances upon the employees owing to being their employer[19]. In case of recruitment of a single representative or agent, the relation of such agent with the employer will be of a 'contract of services.' The hired individual will exercise in the capacity of independent contractor wherein they exercise their own knowledge, skills and discretion rather than being subject to guidelines and directions from the employer. [20]

    This arrangement poses a challenge to the employer as well as the individual or entity hired such that the employer would have to ensure that all the preconditions are met before establishing work in India and could be referred as a hindrance in setting up business here.

    While for the employee, this arrangement could be termed risky because no matter what method of hiring was taken up by the foreign employer, the employee will be uncertain about the termination of their employment after the employer permanently establishes workplace in India as whether their work will be needed further or not, will be decided by the employer.
  2. Restrictions on Selection Process
    The Constitution of India, which is the supreme law of land, protects its citizens from discrimination against race, religion, caste, sex, etc.,[21] and hence it is essential that the employer(s) keep these in mind during the selection process. However, needless to say, such factors still cause hindrance in the selection process.

    Transparency, is referred to as one of the largest goals and objectives but also the biggest challenge to the employment sector. Indian labour and employment laws have provisions for transparency in selection and recruitment process, however they are mum on the topic of transparency in the private sector, that is, disclosing why a person was rejected or disqualified. [22]

    During the background check process, as provided by the IT Rules, sensitive data, termed Sensitive Personal Data or Information (SPDI), can only be collected from the employees when it is notified and consented upon, and such collection must be necessary to achieve the lawful purpose of a function of the company[23].

    Internet, being the biggest revolution of the 2000's, has made it even more imperative to ensure safeguarding of personal data of the employees, for example, bank details, passwords, medical records, sexual orientation, etc[24]. It is no question that in case of withdrawal of consent by any candidate, all SPDIs collected in regard to such person, must be duly returned back[25].

    Such information poses great threat to the employer such that it must be handled so the information doesn't get leaked or lost or destroyed and reasonable care must be taken. Most companies, conduct a basic background check on the prospective employees adhering to the IT Rules. It has to be kept in mind that collection, disclosure, or usage of any sensitive information during background checks must also be consented[26].
  3. Employment Contracts
    With a prevalent market-practice of written contracts specifying all the requirements and conditions of the employment, it has become a mandate for almost all entities to have written employment contracts consented and signed by the employees[27]. The written contracts are governed by the Contract Act, so all ingredients required to constitute a valid contract would also be applicable to employment contracts, such as competent parties, consideration, etc[28].

    Employment contracts can be of two types- fixed term contracts and unlimited term or permanent contracts[29]. Earlier, it was established that successive fixed term employment contracts cannot be turned into permanent contracts but with new norms, fixed term employees can now avail the benefits of permanent employees, such as gratuity before completing five years of service. [30]

    The current trend within companies is of hiring employees on a Trial or Probation period basis to check if they are suitable for the organisation and to assess their skills and capabilities. But this arrangement offers huge discretionary freedom to the employers to terminate employees during this period, as provided in the Industrial Employment (Standing Orders) Act, 1945[31].

    The probation period undertaken by companies generally is of three to six months and during this, the employers are given the power to terminate without a prior notice.[32] That there is, an obligation upon the employer under The Industrial Disputes Act, 1947 to provide a 21-day prior notice to the workman before making any unilateral changes in their service or working conditions[33].

    But there is no statutory obligation upon the employer to give a prior notice to white-collar employees, that is, non-workers for any amendment in their employment contracts.[34] Further, a workman with at least one year of continuous service are authorized to a notice period of one month in inclusion of retrenchment compensation, whereas a workman who has been dismissed for misconduct, etc. is not entitled to any such notice or retrenchment compensation[35].

    However, the employees, irrespective of their probationer status should also analyse the provisions of the Shops and Commercial Establishments Acts (SEAs) regarding notice period to avoid any confusion.

    There is no provision in the employment laws to present and publish all contractual documents and statutory guidelines in the regional language or in the dialect of the employee.[36] However, there is an obligation to attain consent from the employee over these matters so it is advisable to the employees to make sure the employees understand each and every provision.
  4. Working Conditions
    One of the biggest questions of ambiguity that arises in employment law is in the definition of wages. Wages has been defined in "Section 2(s) of the Payment of Wages Act, 1936 as all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employments and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance[37]," whereas in "Section 2(b) of Employees' Provident Funds and Miscellaneous provisions Act, 1952, basic wages has been defined as all emoluments which are earned by an employee while on duty or 4[on leave or on holidays with wages in either case] in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include:
    (i) the cash value of any food concession;

    (ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment;

    (iii) any presents made by the employer;[38]"

    In both these definitions, an ambiguity in regard to dearness allowance arises and it is unclear whether dearness allowance is included in wages or not and what is the difference between wages and basic wages and their applicability. In order to remove the repugnancy, the meaning of both these terms must be construed in a way that all ambiguities related to these terms are removed and their meanings and application is clear.

    Limitation has been imposed on the employers with regard to maximum working hours of employees. As a general rule, an employee can work for nine hours on the maximum every day [39]and 48 hours maximum weekly[40]. Beyond these limitations, the employees are entitled to overtime payment[41]. But most companies do not abide by this rule and make employees work overtime. By using the shield of consented contracts, companies avoid overtime payments to such employees.

    Also, it is the employer's duty to ensure a safe and healthy workspace environment[42], and it is especially applicable in manufacturing sector, where big machineries and construction apparatus make it accident prone. They are also required to make some provisions regarding safety of women working night shifts, for example, by providing safe and free transport services.[43] The Factories Act, 1948 and State specific rules provide guidelines to ensure safe and healthy workplace to the employees.

    They include provisions with respect to proper lighting and ventilation, clean drinking water and toilets, system to prevent injuries by preventing overcrowding, providing proper tools and gears to ensure safety etc[44]. There are also provisions which make non-compliance with the Factories Act, 1948 guidelines a punishable offence, awarding penalty as well as punishment. [45]But with the pandemic, there have been new challenges attacking the safety of the workplace through masking. In an online platform, it is easy to hide identity and attack someone so there needs to be new guidelines drafted to ensure safety of employees even in the work from home scenario.

    In the private sector, however, there is lack of extensive provisions with respect to safety of employee complainants and whistle-blowers to protect them by keeping them anonymous and providing sufficient security[46]. The 'Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for protection of complainant from retaliation at the workplace during the trial or inquiry of the accused'[47].

    Moreover, the trade union must be registered as well as recognised for certain rights such as collective bargaining, but the employer is not obligated to recognise the union[48]. This gives power to the employer to trample upon the demands and claims of the union by not recognising them. No legal obligation upon employer to recognise a union. Further, the members of the trade union have lots of work with respect to the union and sometimes, that clashes with their work in the establishment. Therefore, members should be given work cover during important union related work such as union meetings, etc.
  5. Anti-Discriminatory Laws
    It is no question that India lacks a complete and comprehensive legislation against workplace discrimination and harassment, except the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.[49] There are provisions for persons with disability and HIV in the workplace, but no such extensive and comprehensive legislation has been implemented pertaining to all these matters.

    Other major issues concerning discrimination at workplace are harassment against sexual orientation, bullying, etc. Multiple private companies have started providing benefits to LGBTQ+ communities such as bigger packages, etc.[50] But there is still no statutory obligation upon the employers to ensure prevention of harassment against LGBTQ+ community at workplace. There is also a lack of provisions for menstruating women at workplace. Maternity provisions have been taken up and provided under the Maternity Benefit Act, 1961 [51]but there are still no provisions regarding paternity benefits or a comprehensive legislation with respect to parental leaves.

    There is no requirement under Indian law to make policies ensuring prevention of harassment against issues like disability, sexual orientation, etc. mandatorily and are only upon the discretion of the employers to make such policies. The issuing of notices and guidelines as well as employment contracts must also be made in the local language, especially the notices given in industrial establishments, where most of the workers are not used to the English language and it is the responsibility of the employer to make sure that the employees are consenting to the said contracts and rules after having clear understanding and knowledge of the matter.

    The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also only includes 'aggrieved women' [52]under its scope, while it should be a gender-neutral legislation, and broaden its scope to other genders as well because sexual harassment at workplace is not just limited to women. Women can approach the Internal Complaints Committee (ICC)[53] under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and disabled persons can complain under Rights of Person with Disabilities Act, 2016[54] but what about persons not in both these categories? The current legislation must make changes in the Act according to the changing times. Although companies have strict internal policies regarding these pertinent issues, but they do not have a statutory obligation per se.

    The inquiry and redressal process for sexual harassment complaints is long and chaotic where it is upon the Internal Complaints Committee (ICC) and not any statutory authority to resolve these issues. The committee, although subject to many rules to make it an inclusive and unbiased committee may be subject to influences and threats as it is not a statutory being and this can make the process delayed and unsatisfactory.
  6. Social Media and Data Privacy
    India is on its way in formulating a comprehensive legislation on data protection, through PDP Bill, which will direct and restrict the employer's entitlement to view sensitive data of the employee. [55]Data protection is required to restrict the employer's accessibility and monitoring employee's sensitive information, such as bank details, biometrics, passwords, etc., as well as restrict employees' accessibility and use of confidential information.

    Currently, there are no specific laws, except the IT Act, 2000, which imposes individual liability, governing employees' use and divulging of confidential information of the organisation[56]. But doing so will confer upon the employee, criminal and civil charges such as breach of contract, defamation, etc. Remedies will be available under The Indian Contract Act, 1872, Indian Penal Code, 1860, Specific Relief Act, 1963 read with the Civil Procedure Code, 1908 and the Information Technology Act, 2000[57].

    Since there are no specific laws currently regarding this, it is advisable to employers to include provisions regarding using and sharing of confidential secrets and information about the establishment in the contract of employment or letter of appointment with the employees' consent, for protection of their information and preventing it from being spread. And since there is complete right of the employer over information of the establishment, the employee will be liable for leaking such information. The employer may also be made liable vicariously through the actions of their employees, hence, the employer should also educate the employees of the implications of such act.

    The PDP Bill, 2019 was presented in the Lok Sabha in December, 2019 and it seeks to adjust the use of a person's information by the government as well as private companies and establishes a Data Protection Authority for that. The committee's report on the bill is pending and its enactment will change the current provisions related to data protection in establishments. [58]

    Background checks are very common in today's selection process but is subject to certain limitations.[59] The criminal record of an employee, for example, is public information but are available readily. They have to be obtained after taking authorization. And sensitive information such as credit or financial information comes under the ambit of SDPI, so would require consent of the individual. Provisions related to background checks are not provided, yet, information such as religion, caste, etc should not be extracted by the employers.
  7. Authorizations for foreign employees
    Unless a legal entity is established, or unless they are registered in India for an offshore company, they cannot engage employees here through third parties and agents, except by forming 'contract of service' with the independent contractor[60]. Further, it is an imposition upon the employer to maintain record of its employees, like their wages, attendance, etc.[61] Valid employment visas are required for the foreign employees who are skilled and experts, etc. [62]

    There is also a challenge as to the tenure of a foreign worker's project, usually dependent on the validity of the employment visa, that is, up to five years[63]. Another condition on the employment visa is that the annual salary of the foreign worker must at least be Rs. 1,625,000 from an employer of India. [64]Business visas are only issued for business purposes and for foreign employees coming to work in India, employment visas are issued.

    Further, the tax position of any expenses bore by an Indian entity with regard to foreign company must also be examined along with the tax situation of the individual in India.
  8. Termination of Employment Contracts
    In case of retrenchment, the last employee to join the entity is the first one to be terminated as a way of collective dismissal[65]. The employers are under the obligation to notify the employees and provide retrenchment compensation[66], however the 'last in first out' rule (LIFO) gives the employer huge discretionary power to terminate employees collectively for any reason they may think fit, except as punishment of disciplinary action.

    Further, in case of managerial employees, who are categorised separately to workmen, no requirements are given for their dismissal in the statute and would take place according to the employment contract, which is conferring discretionary power upon the employers to make whatever terms of the contract as they deem fit. [67]

    Guidelines with respect to providing prior notice to the employees for retrenchment and retrenchment compensation are also subject to limitation such that if the employee is being terminated for misconduct in the organisation, no such prior notice or retrenchment compensation is required to be granted. [68]

    At present, legislation with respect to whistleblowers are only concerned with listed companies and the public sector companies, hence, there is a requirement as to whistleblower laws in private companies. Whistleblowing legislations allow listed companies to create a system where employees can freely communicate about the illegal and unethical practices in the entities, for example, misuse of power, corruption, etc.[69]

    Therefore, to protect employees who give such essential information that can be used to curb corruption or bring forward the illegalities committed, legislation regarding whistleblowers need to be devised for private companies as well.
  9. Restrictive Covenants
    Non-complete clauses, which are prevalent in most private companies, are introduced in the employment contracts to restrict employees from engaging in any task that may be in rivalry with the occupation of the employer[70]. They also stop the employee from associating with the rival company or starting a competent business with them after the term of employment in the company is over. Such clauses can be referred to as "restraint in right to freely trade or practice profession", violating Article 19 of the Constitution[71] but since restrictive covenants are allowed, they cannot be challenged.

    However, restrictive covenants, incorporated in the employment contracts, that are applicable even after the employment tenure is over can be said to be violative. As the employer is the higher authority and the terms and conditions expressed by them will ultimately be accepted by the employee, such consented contracts cannot then be challenged.

    The rule of 'Garden leave' poses a limitation on the right to freely trade of the employees and may also be the cause of their financial problems. This rule allows the employer to incorporate such clauses in the contract which can keep the employee out of the market and away from the company's competitors so long so that no confidential information with the employee may reach the competitors. [72]This can lead to unemployment of the employee for a long time, leading to financial problems.
  10. Trade Unions and Employers' Associations
    The Industrial Disputes Act, 1947 and the Trade Unions Act, 1926 provide for the formation of trade union at an industrial establishment. The registered trade unions are conferred some rights, one of which states that "No suit or other legal proceeding can be maintained in any civil court against any registered trade union or any office-bearer or member in respect of any act done in contemplation of a trade dispute to which a member is a party, on the ground that such act induces some other person to break a contract of employment, or that it interferes with the trade, business or employment of some other person or interferes with the right of some other person to dispose of his capital or labour as he wills." [73]

    This right protects the trade union from any civil suit, providing them immunity from legal charges. This can have an adverse effect on the other party, whose right has been violated by the union.

    With regard to the appointment of the redressal or works committee, there is a provision explaining that there shall be at least one female member on the grievance redressal committee[74]. The provision is limited to the women members and doesn't expand its ambit to woman chairperson. It is no question that women face challenges such as glass ceiling and glass cliff, and so, there must be a provision for female chairperson in the committee.

    Further, the concept of trade unionization is limited to the manufacturing sector, such as in mining entities, factories, etc.[75] Since trade unionization is limited to the manufacturing industry, provisions related to redressal committee, etc. cannot be applied to other industries.
  11. Employee Benefits
    India doesn't own a systematic social security regime but has various legislations governing employee benefits. Another example of the discretionary power vested in employers is in terms of the provident fund scheme in establishments. Employers often put a condition in the contracts that employees earning less than INR 15,000 per month have to compulsorily contribute in the provident fund scheme in their establishment and the choice to opt out of this scheme is only with employees earning more than this.[76] For employees, who are having trouble surviving in such salary should also have a choice to opt out of contributing to the scheme.

    As mentioned above, the Maternity Benefit Act, 1961 only provides for maternity leaves and benefits and not for parental (maternity and paternity) leaves and benefits. Paternity leave has not been recognised under Indian law and this must change as women are not the only ones with the responsibility to take care of the child. When the woman has to work, it will be upon the father to take over such responsibilities and therefore, needs paternity leave and benefits.

    Further, maternity leaves are only provided to women who have been in the establishment for more than 160 days, this leaves out the category of women who have recently joined the establishment[77]. There also is a lack of disability leave and it has not been recognised under Indian law.
  12. COVID-19 Creates New Hurdles
    The outbreak of the pandemic has caused major disorder and trouble in the employment sector, with mass unemployment, lay-offs and unfamiliar work conditions. Production came to a halt and the question of future work conditions cannot be avoided. Along with the pandemic, new technologies and inventions keep derailing the stability as machines take over employees in the new era of digitalisation. Given the circumstances, reformulation of the legislations and major amendments is required and hence, changes like fixed-term employment, work from home policies, longer work durations, were introduced by the government.

The prime objective with all enactments in employment law is ease of doing business along with ensuring a better working environment for all, to accelerate economic growth[78]. Labour law enactments are codified into four codes to facilitate empowerment of employees in the industrial establishment.

Various challenges have emerged since the first statute related to employment law was enacted, that is, the Trade Dispute Act, 1929, including the current wave of uncertainties brought by the pandemic. The Codes need to implement changes with the changing times and safeguard the rights and interests of employees as well as employers. This will lead to a stable system of business to benefit both.

  1. Mrs. Archana Sawant, 'Contemporary Issues and Challenges in Labour Law Reforms: An Overview' (2015) Bharati Law Review accessed 17 October 2021
  2. Rahul Chadha, Savita Sarna, Manila Sarkaria and Natasha Sahni, 'The Employment Law Review: India' (2021) The Law Reviews accessed 15 October 2021
  3. Bhumita Dubey, 'Industrial Revolution in India' (2020) Law Times Journal accessed 16 October 2021
  4. ibid (n 1) 1.
  5. Avik Biswas, 'Employment Law Overview: India' (2019-2020) L&E Global accessed 17 October 2021
  6. Constitution of India, 1950 Schedule VII Concurrent List, Item 22.
  7. 'Issues for Consideration: Labour Codes-Three Bills on Occupational Safety and Health; Industrial Relations; and Social Security, 2020' (2020) PRS Legislative Research accessed 16 October 2021
  8. ibid (n 7) 1.
  9. Ibid (n 5) 1.
  10. Government of India, Ministry of Labour & Employment, New Labour Code for New India: Biggest Labour Reforms in Independent India, pg 8 (2020). See also Ministry of Labour & Employment, 'Labour Law Reforms' (Government of India, 2020).
  11. ibid (n 7) 1.
  12. Constitution of India, 1950, a 19(1)(g).
  13. Indian Contract Act, 1872, s 27.
  14. Wipro Limited v Beckman Coulter International; 2006 (3) ARBLR 118 Delhi, 2006 (2) CTLJ 57 Del, 131 (2006) DLT 681.
  15. Suneeth Katarki, Mini Kapoor, Indus Law 'Employment Contracts- Enforcements of Restrictive Covenants Under Various Jurisdictions' (2016) Mondaq accessed 17 October, 2021
  16. Paul Maynard, 'Restrictive Covenants' (Gaby Hardwicke Solicitors, September 2019) accessed 15 October 2021
  17. Ibid (n 5) 1.
  18. Ibid (n 5) 1.
  19. KSK Energy Ventures Limited, 'HR-IR Policy' (KSK Energy Ventures, 2020) accessed 5 October 2021
  20. Khadija Khartit, 'Independent Contractor' (Investopedia, October 15, 2021) accessed 16 October 2021
  21. Constitution of India, 1950, a 15(1).
  22. Ministry of Labour & Employment, 'Employment Exchanges (Compulsory Notification of Vacancies) Amendment Bill, 2013' 2016 Government of India accessed 10 October 2021
  23. Ministry of Communications and Information Technology Notification (2011), Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Rule 5.
  24. Ministry of Communications and Information Technology Notification (2011), Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Rule 3.
  25. Talwar Thakore & Associates, 'Data Protected- India' 2020 (Linklaters, 15 March 2020) accessed 12 October 2021
  26. Information Technology Act, 2000, s 72. See also Information Technology (Reasonable Security practices and procedures and sensitive personal data and information) Rules, 2011 ("IT Rules").
  27. Anshul Prakash, Kruthi N. Murthy, 'Employment and Labour Law' 2020 (ICLG, 2020) - accessed 10 October 2021
  28. Nishith Desai Associates, 'Employment Contracts in India: Enforceability of Restrictive Covenants' (2019) NDA - accessed 12 October 2021
  29. BI India Bureau, 'Private Companies in India Can Now Convert Permanent Jobs into Fixed-Term Contracts' 2020 (Business Insider, 8 October 2020) - accessed 13 October 2021. See also Industrial Relations (IR) Code 2020.
  30. Industrial Employment (Standing Orders) Act, 1946, s 13(2).
  31. Ibid 31 5.
  32. Industrial Disputes Act, 1947, s 9A(b).
  33. Industrial Disputes Act, 1947, s 9A.
  34. Industrial Disputes Act, 1947, s 25F.
  35. Ibid (n 2) 1.
  36. Payment of Wages Act, 1936, s 2(s).
  37. Employees' Provident Fund and Miscellaneous Provisions Act, 1952, s 2(b).
  38. Factories Act, 1948, s 54(f)(a).
  39. Factories Act, 1948, s 88(f)(a).
  40. Factories Act, 1948, a 59(f)(a).
  41. Factories Act, 1948, s 7A.
  42. The Associated Chambers of Commerce & Industry of India (ASSOCHAM), 'Night Shift for Women: Growth and Opportunities' National Commission for Women India (NCW India) - accessed 16 October 2021
  43. Factories Act, 1948, ch III.
  44. Factories Act, 1948, ch X, s 92.
  45. Ibid (n 5) 1.
  46. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s 16, 17.
  47. Vinay Joy and Luv Mohan Saggi, 'Proposed Amendment on Recognition of Trade Union (Amendment) Bill, 2018' (2018) Mondaq - accessed 16 October 2021
  48. Vikram Shroff, 'Indian Laws on Employee and Workplace Discrimination and Harassment' (2012) Vol 16 No. 2 NDA India - accessed 17 October 2021
  49. Vikram Shroff, 'Indian Laws on Employee and Workplace Discrimination and Harassment' (2012) Vol 16 No. 2 NDA India
  50. 'Corporate India Walks-the-Talk on Equal Rights for LGBTQ+' (Economic Times, 2021)
  51. Maternity Benefits Act, 1961, s 5.
  52. Maternity Benefits Act, 1961, s 3(o).
  53. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, ch II.
  54. Rights of Person with Disabilities Act, 2016, s 7(2).
  55. Personal Data Protection Bill, 2018, s 16.
  56. Ibid (n 5) 1.
  57. Pareekshit Bishnoi, 'Breach of Confidentiality Maintenance Covenants Amid Work From Home : Concerns and Remedies' (Bar and Bench, 21 April, 2020)
  58. 'The Personal Data Protection Bill, 2019' (2020) PRS Legislative Research
  59. Ibid (n 2) 1.
  60. Ibid (n 2) 1.
  61. Ibid (n 2) 1.
  62. Ministry of Home Affairs, Annexure III, 'Details of Visas granted by India', Rule 28
  63. Ministry of Home Affairs, Annexure III, 'Details of Visas granted by India', Rule 30
  64. Ibid (n 62) 9.
  65. Sunil Kumar and Bhanu Harish, 'Mandatory Requirements for Retrenchment Under Employment Laws in India' (2015) S&P Solicitors and Advocates
  66. Industrial Disputes Act, 1947, s 25(f)(c).
  67. Industrial Disputes Act, 1947, s 2(s)(iii).
  68. Industrial Disputes Act, 1947, s 33 (1)(b).
  69. Ibid (n 16) 2.
  70. Anshul Prakash, Abhinav Rastogi, Deeksha Malik, Kosheel Gupta, 'Restrictive Covenant Clauses Q&A: India (31 Jan, 2021) Thompsons Reuters Practical Law accessed 16 October 2021
  71. Constitution of India, 1950, a 29.
  72. Ibid (n 70) 10.
  73. Trade Unions Act, 1926, s 17, 18.
  74. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s 4(2).
  75. Ibid (n 5) 1.
  76. Sunil Dhawan, 'What is EPF Scheme and How to Calculate PF Balance' (Economic Times, 4 October 2021)
  77. Maternity Benefits Act, 1961, s 5(2).
  78. Ibid (n 10) 2.

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