Dear Friends,
Striking Balance!
Judicial pronouncements in 2024 regarding employment laws and employer-employee relations have largely emphasized the right of regularization of contractual workers, working conditions, and social security. This includes entitlements such as gratuity, maternity benefits, and ensuring a safe work environment for women to prevent sexual harassment. These observations are expected to have a significant impact on the regulation of employment in the business world.
The Supreme Court has upheld the rights of temporary employees performing permanent duties in the case of Vinod Kumar vs. Union of India. In this case, employees who had been serving as accounts clerks under a temporary scheme for 25 years were granted regularization rights. The court emphasized that employment rights should be based on the actual duties and responsibilities performed over time rather than the initial temporary terms of appointment. In another case, Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association, the court affirmed the importance of following transfer conditions outlined in standing orders when relocating employees from one state to another. Additionally, in the case of Shriram Manohar Bande vs. Uktranti Mandal, the court ruled that acceptance of an employee's resignation by the appropriate authority effectively terminates employment, even without direct communication to the employee.
Regarding leave encashment, the Supreme Court stressed the employee's right to cash in accumulated leaves once allowed to accumulate them. In addressing wage revision, the court highlighted in The VVF Ltd. Employees Union vs. M/s. VVF India Ltd. that the 'industry-cum-region test' is a critical standard for determining wage revisions. This test involves comparing wages with similar units in the region while considering the employer's financial capacity.
A significant judgment by the Delhi High Court in the case of Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School established that the 'no work, no pay' principle does not apply when a termination is deemed illegal. This decision underscores the importance of fair compensation for employees in wrongful termination cases and discourages the indiscriminate application of the 'no work, no pay' principle without evidence of gainful employment during the adjudication period.
These examples illustrate the Indian judiciary's efforts to maintain a balance between the rights and responsibilities of both employers and employees through their judgments.
This annual edition of the compendium of important labor judgments of 2024 features around 800 judgments from the Supreme Court and various High Courts, selected by our research team from a vast pool of published judgments. We believe this edition will be highly valuable to our readers eagerly awaiting its release.
We welcome your feedback – whether positive or constructive.
Happy Reading!
Regards,
Anil Kaushik, Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar - 301001 (Raj.)
Mobile No. 97855 85134
http://www.businessmanager.in
From India, Delhi
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182Striking Balance!
Judicial pronouncements in 2024 regarding employment laws and employer-employee relations have largely emphasized the right of regularization of contractual workers, working conditions, and social security. This includes entitlements such as gratuity, maternity benefits, and ensuring a safe work environment for women to prevent sexual harassment. These observations are expected to have a significant impact on the regulation of employment in the business world.
The Supreme Court has upheld the rights of temporary employees performing permanent duties in the case of Vinod Kumar vs. Union of India. In this case, employees who had been serving as accounts clerks under a temporary scheme for 25 years were granted regularization rights. The court emphasized that employment rights should be based on the actual duties and responsibilities performed over time rather than the initial temporary terms of appointment. In another case, Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association, the court affirmed the importance of following transfer conditions outlined in standing orders when relocating employees from one state to another. Additionally, in the case of Shriram Manohar Bande vs. Uktranti Mandal, the court ruled that acceptance of an employee's resignation by the appropriate authority effectively terminates employment, even without direct communication to the employee.
Regarding leave encashment, the Supreme Court stressed the employee's right to cash in accumulated leaves once allowed to accumulate them. In addressing wage revision, the court highlighted in The VVF Ltd. Employees Union vs. M/s. VVF India Ltd. that the 'industry-cum-region test' is a critical standard for determining wage revisions. This test involves comparing wages with similar units in the region while considering the employer's financial capacity.
A significant judgment by the Delhi High Court in the case of Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School established that the 'no work, no pay' principle does not apply when a termination is deemed illegal. This decision underscores the importance of fair compensation for employees in wrongful termination cases and discourages the indiscriminate application of the 'no work, no pay' principle without evidence of gainful employment during the adjudication period.
These examples illustrate the Indian judiciary's efforts to maintain a balance between the rights and responsibilities of both employers and employees through their judgments.
This annual edition of the compendium of important labor judgments of 2024 features around 800 judgments from the Supreme Court and various High Courts, selected by our research team from a vast pool of published judgments. We believe this edition will be highly valuable to our readers eagerly awaiting its release.
We welcome your feedback – whether positive or constructive.
Happy Reading!
Regards,
Anil Kaushik, Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar - 301001 (Raj.)
Mobile No. 97855 85134
http://www.businessmanager.in
From India, Delhi
Acknowledge(0)Amend(0)
Dear Anil Kaushik,
Thank you for the interesting read on the recent judicial pronouncements and their implications on employment laws and employer-employee relations.
In light of these judgments, it is evident that organizations need to adapt and align their HR strategies and policies accordingly. Here are some practical steps businesses can take:
1. Regularization of Contractual Workers: 💼
In light of the Vinod Kumar vs. Union of India case, businesses should review their contractual employee arrangements, especially those who have been performing roles akin to permanent employees over a long period of time. This should be done to avoid potential legal complications in the future.
2. Employee Transfer Policies: 🚶
Given the Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association case, companies should ensure that their transfer policies are clear, fair, and are upheld consistently across the organization. If transfers are necessary, ensure they abide by standing orders and the employee is given adequate time and resources to adjust.
3. Resignation Acceptance: 🎼
The Shriram Manohar Bande vs. Uktranti Mandal case emphasizes the need for a clear process around resignation acceptance. To ensure transparency and effective communication, develop a standard procedure for resignation acceptance and make sure it's communicated to the employees.
4. Leave Encashment: 💴
Companies should review their leave policies in light of the Supreme Court's emphasis on the employees' right to encash accumulated leaves. If your existing policy doesn't allow for leave encashment, consider revising it or providing alternative benefits to ensure employee satisfaction and retention.
5. Wage Revision: 💶
Taking into account the VVF Ltd. Employees Union vs. M/s. VVF India Ltd. case, it is important for businesses to have a fair and transparent wage revision process. The 'industry-cum-region test' should be applied when revising wages, which means comparing wages with similar units in the region and considering the employer's financial capacity.
6. Termination Policies: 🚫
In light of the Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School case, businesses should ensure their termination policies are legal and fair. Specifically, the "no work no pay" principle should not be applied indiscriminately, and employees should be compensated fairly in cases of wrongful termination.
In conclusion, these judgments have indeed set the tone for the future of employment laws in India, placing emphasis on employee rights and welfare. Businesses should use these as guidelines to review and revise their own policies, to ensure they are fair, transparent, and in line with the law.
Thank you for providing such valuable insights. I look forward to reading more such enlightening articles in the future.
Best, [Your Name]
From India, Gurugram
Acknowledge(0)Amend(0)
Thank you for the interesting read on the recent judicial pronouncements and their implications on employment laws and employer-employee relations.
In light of these judgments, it is evident that organizations need to adapt and align their HR strategies and policies accordingly. Here are some practical steps businesses can take:
1. Regularization of Contractual Workers: 💼
In light of the Vinod Kumar vs. Union of India case, businesses should review their contractual employee arrangements, especially those who have been performing roles akin to permanent employees over a long period of time. This should be done to avoid potential legal complications in the future.
2. Employee Transfer Policies: 🚶
Given the Divgi Metal Wares Ltd. vs. Divgi Metal Wares Employees Association case, companies should ensure that their transfer policies are clear, fair, and are upheld consistently across the organization. If transfers are necessary, ensure they abide by standing orders and the employee is given adequate time and resources to adjust.
3. Resignation Acceptance: 🎼
The Shriram Manohar Bande vs. Uktranti Mandal case emphasizes the need for a clear process around resignation acceptance. To ensure transparency and effective communication, develop a standard procedure for resignation acceptance and make sure it's communicated to the employees.
4. Leave Encashment: 💴
Companies should review their leave policies in light of the Supreme Court's emphasis on the employees' right to encash accumulated leaves. If your existing policy doesn't allow for leave encashment, consider revising it or providing alternative benefits to ensure employee satisfaction and retention.
5. Wage Revision: 💶
Taking into account the VVF Ltd. Employees Union vs. M/s. VVF India Ltd. case, it is important for businesses to have a fair and transparent wage revision process. The 'industry-cum-region test' should be applied when revising wages, which means comparing wages with similar units in the region and considering the employer's financial capacity.
6. Termination Policies: 🚫
In light of the Manisha Sharma vs. Vidya Bhawan Girls Senior Secondary School case, businesses should ensure their termination policies are legal and fair. Specifically, the "no work no pay" principle should not be applied indiscriminately, and employees should be compensated fairly in cases of wrongful termination.
In conclusion, these judgments have indeed set the tone for the future of employment laws in India, placing emphasis on employee rights and welfare. Businesses should use these as guidelines to review and revise their own policies, to ensure they are fair, transparent, and in line with the law.
Thank you for providing such valuable insights. I look forward to reading more such enlightening articles in the future.
Best, [Your Name]
From India, Gurugram
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Important Labour Judgments 09.pdf