Mondaq All Regions - India: Employment and HR
Dezan Shira & Associates
Injured workers and worker compensation are key liability issues for any business in India.
Trilegal
On 1 April 2019, the Supreme Court in The Employees' Provident Fund Organization and Anr. v Sunil Kumar B & Ors. (SC Ruling) upheld the 2018 Kerala High Court decision
Nishith Desai Associates
Special allowance is no longer ‘special' - at least that is abundantly clear from the recent judgment of the Hon. Supreme Court (SC) of February 28, 2019, in relation to provident fund (PF)
Singh & Associates
The Hon'ble Supreme Court recently reversed its own judgment dated 07.01.2019 in the matter of Birla Institute Technology vs. the State of Jharkhand & Ors. as per which teachers were denied the benefit of gratuity ...
Khaitan & Co
On 1 April 2019, the Supreme Court of India in Employees Provident Fund Organisation v Sunil Kumar and Ors, SLP (C) 9610/2019 dismissed a special leave petition filed by the Employees Provident Fund Organisation ...
Khaitan & Co
On 26 March 2019, in the matter of Modern Transportation Consultation Services Private Limited & Anr. v Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors., a bench comprising...
S.S. Rana & Co. Advocates
The Act and the Rules made thereunder prescribes procedure to be followed by the committee.
Singh & Associates
The PF Authority before the Court submitted that Special Allowances are nothing but camouflaged permissible allowance liable to deduction as part of basic wage.
LexCounsel Law Offices
The Hon'ble Supreme Court of India, in its judgment pronounced on January 7, 2019 in the case of Birla Institute of Technology vs. State of Jharkhand [Civil Appeal No. 2530 of 2012] ("BIT Case")...
Kochhar & Co.
On February 28, 2019, the Supreme Court of India passed a landmark order on whether special allowances fall within the scope and meaning of "basic wages" under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
King, Stubb & Kasiva
The Hon'ble Apex Court in the case of Employee's State Insurance Corporation V. Venus Alloy Pvt. Ltd. on 5th February, 2019 held that Directors of Company, who are receive remuneration, shall come within the purview of ...
Trilegal
2018, also saw significant focus on employee rights and benefits which enhanced certain obligations on employers.
Khaitan & Co
A Bench of Hon'ble Justices Arun Mishra and Navin Sinha of the Hon'ble Supreme Court vide judgement dated 28 February 2019 in the case of The Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir & Ors. ...
Nishith Desai Associates
This judgement is possibly one of the most keenly awaited and a landmark labour law ruling!
LexCounsel Law Offices
The Hon'ble Supreme Court of India vide its judgment passed on February 28, 2019 in the case of The Regional Provident Fund Commissioner (II) West Bengal vs. Vivekananda Vidyamandir and Others...
AMLEGALS
The issue revolves around Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act').
Clarus Law Associates
The Supreme Court of India has, in the case of The Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Vidyamandir and Others, clarified the issue of the allowances to be excluded while calculating provident fund contribution.
IndusLaw
The Supreme Court passed a judgment on February 28, 2019 which will have far-reaching consequences to the definition of basic wages under Section 2 (b) (ii) read with Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952.
Trilegal
The Bridge and Roof case had observed that all universal allowances should be treated as part of 'basic wages', and hence should be subject to PF contributions.
S.S. Rana & Co. Advocates
The Punjab Shop and Commercial Establishments Act, 1958 is a state enactment which provides for the regulation of conditions of work and employment in shops and commercial establishments.
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Vaish Associates Advocates
The Industrial Disputes Act, 1947 (the "ID Act") has been enacted for the investigation and settlement of industrial disputes in any industrial establishment.
Khaitan & Co
A Bench of Hon'ble Justices Arun Mishra and Navin Sinha of the Hon'ble Supreme Court vide judgement dated 28 February 2019 in the case of The Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir & Ors. ...
Dhir & Dhir Associates
The payment of Gratuity Act, came into existence on 21st August, 1972. The Act applied to only certain establishments prior to its amendment.
Khaitan & Co
On 26 March 2019, in the matter of Modern Transportation Consultation Services Private Limited & Anr. v Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors., a bench comprising...
S.S. Rana & Co. Advocates
The Maternity Benefit (Amendment) Act, 20171 (hereinafter referred to as the "Maternity Act") is a landmark law which has enhanced the maternity benefits already available under the parent Maternity Benefit Act, 1961.
Singhania & Partners LLP, Solicitors and Advocates
The central legislature of India had promulgated a legislation Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 ("CL Act") to regulate the child labour practices in India.
Vaish Associates Advocates
"Labour" is a subject in the "Concurrent List" under the Constitution of India where both the Central and State Governments are competent to enact legislations subject, however, to reservation of certain matters...
Khaitan & Co
On 1 April 2019, the Supreme Court of India in Employees Provident Fund Organisation v Sunil Kumar and Ors, SLP (C) 9610/2019 dismissed a special leave petition filed by the Employees Provident Fund Organisation ...
Shardul Amarchand Mangaldas & Co
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") was enacted as a comprehensive legislation to provide a safe, secure and enabling environment, free from sexual harassment to every woman.
Samvad Partners
The Wages Act regulates the payment of wages to persons employed in factories, railways, industrial and other establishments specified under the Wages Act.
Link Legal India Law Services
Employees play a major role in growth of any organization. Payment of gratuity by an employer is a mechanism devised to recognize the efforts of employees who remain associated with the organizations...
Cyril Amarchand Mangaldas
The Maternity Benefit Act, 1961 (MB Act) was amended in 2017 (Amendment), to enhance/ increase the maternity leave period to 26 weeks from the previous 12, for a woman employee, for the first two...
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