The labor law in India is developing continuously to address long-term challenges and of responding to the needs of labor markets. In 2019, the federal government made important strides in updating, consolidating, and simplifying India’s various labor regulations. These labor reforms are in line with the government’s aim of increasing “ease-of-work” in India.

 

Protection of employees in case of Termination of Contract

 

Employee security is provided for by labor laws in India, such as the ID Act, such as the redundancy/reduction allowance for termination. For retrenchment and/or relocation of employees for business/asset transactions, an employer shall be forced to comply with the constitutional provisions laid down under the ID Act.

 

Redundancy: For situations of redundancies that include cessation of workers’ duties, the employer is expected under the ID Act to satisfy the notification period and compensation criteria.

 

Transfer and re-organization of businesses: Within the ID Act, workers should not be moved immediately in connection with company activities without their permission. When the sale includes selling asset/business, the workers’ permission shall be sought for the job to be passed to the buyer.

 

Protection of Businesses and Restrictive agreements

“Generally, contractual arrangements take the form of a non-compete arrangement, a non-solicitation agreement, and non-disclosure agreements.” Any agreement that will be a restraint on trade is forbidden by ICA. However, non-disclosure trade secrets agreements can be enforced.

In India, non-solicitation agreements are typically enforceable, but within a limited time, before and also after the expiry of the duration of work, depending on the circumstances of each individual. The duty of evidence, though, rests on the ex-employer in regards to any potential breach of the non-solicitation agreement.

 

Protection against Discrimination

Throughout India, multiple laws to ban discrimination against protected groups of persons have been implemented. With regards to gender remuneration, the ER Act forbids sexism, the RPWD Act forbids discrimination on the grounds of an employee’s disabilities status, the MB Act forbids prejudice on the grounds of a woman’s maternal status and allows for entitlements for paid maternity leave, The HIV/AIDS Act forbids discrimination against individuals with HIV and AIDS, as well as bans HIV testing criteria for jobs, the Act on the Protection of Rights (Transgender Person) prohibits discrimination against a transgender person that results in unfair employment or the denial or termination of employment, POSH Act prohibits women’s sexual harassment at work.

 

Maternity and Paternity Leaves

According to the MB Act, all women who have represented the workplace for 80 days are entitled to 26-week maternity leave with a limit of eight weeks before the planned day. However, if a woman has two or more babies, she shall have the option to cover her maternity leave for 12 weeks.

In fact, employers are required to provide mandatory benefits in the event of workplace sickness, pregnancy, and accidents under the ESI Act. Across India, no formal entitlement to paternal leave is there, the employer can extend paternity leave to male workers at his discretion. 

 

Employee Provident Fund

EPF Act requires both workers and employers to pay a specific portion of the monthly wage to the providers’ fund, which is administered by the Employee Provident Fund Association. The payment is compensated and can be collected by the employee until the employee has completed his retirement.

 

Dispute resolution and Trade unions

The Industrial Dispute Act and the Trade Union Act control the major labor affairs elements in India. A comprehensive dispute settlement process involving conciliatory and adversarial modes of remedy is provided for in the ID statute.

The TU Act legalizes trade union creation and offers adequate protections for their actions. It grants privileges that include the freedom of its representatives to negotiate and obtain terms and conditions of employment appropriated by different collective bargaining procedures and the ability to protest in favor of their goals.

 

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