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Menstrual Leave: An Urgent Need
INTRODUCTION The Apex Court by an order dated 24.02.2023 in Shailendra Mani Tripathi v Union of India while considering forming a policy for menstrual leave held that this move having policy dimensions must be dealt with by the legislature, i.e., The Union Ministry of Women and Child Development. This comes as a further dent to the formulation of menstrual leave as a concept in organizations in India today. While the term menstrual leave is well defined, the Menstrual Benefit
CASLW RGNUL
Oct 115 min read


The Amalgamation of RTI Law & Intellectual Property Rights in the case of Private Entities
INTRODUCTION The Right to Information Act (“RTI”), 2005 replaced the Freedom of Information Act, 2002.[1] It was enacted to establish a framework for providing information to citizens while promoting their right to access information.[2] RTI is considered a fundamental right under Article 19(1) of the Constitution. It enables citizens to learn about their rights while using public services and allows them to file complaints if necessary.[3] This includes the right to be heard
CASLW RGNUL
Oct 118 min read


From Promises to Progress: Monetizing Women's Household Labor
With[1] the advent of election season in South India, the recurring tradition of making grand promises by competing parties is once again in vogue. One such promise, the Southern states—drawing inspiration from the socialist system of government— are frequently known to endorse is to give recognition to unpaid chores done by women Housemakers. To appeal to female voters, various “empowerment” proposals have been made by different parties, ranging from monthly payments to fem
CASLW RGNUL
Oct 118 min read
PROTECTING THE RAILWAY PROTECTION FORCE: COMMANDING OFFICER, RPSF V. BHAVNABEN DINSHBHAI BHABHOR & ORS
The Supreme Court through its recent judgement in the case of Commanding Officer, Railway Protection Special Force, Mumbai V. Bhavnaben Dinshbhai Bhabhor & Ors. held that despite declaring the Railway Protection Force (“RPF'') as a member of the Armed Force of the Union, the members of the RPF will be entitled to claim compensation under the Employees Compensation Act, 1923 (“1923 Act”). It held that the intent of the legislatures was not to take RPF outside the purview of th
CASLW RGNUL
Oct 116 min read


A BEACON OF HOPE FOR GIG WORKERS: ANALYSING THE RAJASTHANPLATFORM-BASED GIG WORKERS (REGISTRATION AND WELFARE) ACT, 2023
This post is authored by Aryan Dalal Student Hidayatullah National Law University, Raipur INTRODUCTION: A LONG OVERDUE RECOGNITION The Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act, 2023 (hereinafter the “Act”) represents a ground-breaking legislative initiative aimed at establishing welfare and social security provisions for platform-based gig workers and marks a significant milestone in recognizing and safeguarding the rights of gig and platform worker
CASLW RGNUL
Oct 116 min read


The code of wages act 2019
This post is authored by ISRAR HASHMI, Student, JAMIA MILLIA ISLAMIA Introduction: Wages are a cornerstone of economic activity, serving as a pivotal driver that empowers employees with the purchasing power necessary for meeting not only their monetary needs but also basic necessities and expenditures on goods and services. They play a crucial role in upholding individuals’ living standards, ensuring a stable quality of life. Additionally, competitive wages act as a magnet fo
CASLW RGNUL
Oct 117 min read


Parental leave benefits for fathers: The bleak situation that persists
This post is authored by Soumya Pradhan, Student, National Law University Odisha Introduction The misery of old times today has been overridden by mothers increasingly taking roles as breadwinners of the family. Mothers are managing dual roles of a breadwinner and of looking after the newborn. Though it cannot be disputed that a mother plays a greater role in taking care of the newborn but the responsibility of a father cannot be disregarded either. Fatherhood comes with the
CASLW RGNUL
Oct 116 min read


Unraveling the Interplay of Consumerism and Fast Fashion: Exploring their Role in the Proliferation of Child Labour
This blog is by Aryan Rana, Student, RGNUL THEME: Employment Law, Labour Law, and Service Law Sub Theme: The rise in Fast Fashion has led to an increase in child labour Introduction The International Labour Organisation defines child labour as work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical to physical and mental development”. In the coming-of-age capitalistic society where fashion trends change frequently,
CASLW RGNUL
Oct 115 min read


BEYOND VISIBILITY: INVISIBLE JOBS AND THE QUEST FOR GENDER EQUALITY
This blog is written by Sneha Arora, Student, HPNLU The relentless pursuit of gender equality often feels like chasing after a mythical creature in a world where reality often falls short of aspirations. In the realm of employment and gender equality, there exists a profound yet often overlooked phenomenon — invisible jobs. These are the roles and responsibilities that underpin various industries and sectors, yet they often go unnoticed and undervalued. The quest for gender e
CASLW RGNUL
Oct 118 min read


A Wolf in Sheep’s Clothing? Internal Complaints Committee: The Erosion of POSH Protections
This blog is written by Vivek Serjy, Student, Christ University, Bangalore INTRODUCTION It has been 11 years since the Prevention of Sexual Harassment at Workplace 2013[POSH Act] has been implemented. POSH Act is one of the statutes that protect women in India. As India is resurging in the economy and gladly, there is clear visibility that more women are entering into employment, the incidents of sexual harassment taking place at the workplace are the elephant of the room tha
CASLW RGNUL
Oct 118 min read


Validity of Employment Separation Agreements in the Indian Legal System
This blog is written by Jagyansh Kumar, Student, NLIU, Bhopal The Indian IT industry is confronted with a novel emerging challenge, among other obstacles. Executive employees of Infosys were recently required to sign severance agreements, wherein they consented to reasonable obligations, including the prohibition of soliciting customers or disclosing confidential information. The lack of development and debate in the Indian courts regarding these agreements has resulted in am
CASLW RGNUL
Oct 116 min read


PATERNITY BENEFIT LAWS IN INDIA NAVIGATING THE LEGAL LANDSCAPE: A DEEP DIVE INTO PATERNITY BENEFIT LAWS
This blog is written by Nitik Dhenwal, Student, HPNLU In the vast expanse of India's legal framework governing employment, there exists a labyrinth of laws and regulations, each with its own significance and impact on the workforce. Yet, amidst this complex web of statutes and policies, certain aspects often find themselves relegated to the periphery, overshadowed by their more prominent counterparts. Paternity benefit laws, despite their profound implications for fostering g
CASLW RGNUL
Oct 117 min read


THREAT TO RTI UNDER THE GARB OF DATA PROTECTION
This blog is written by Karuvi Raina and Kunal Yadav, 2nd year and 4th year students at Rajiv Gandhi National University of Law, Punjab. INTRODUCTION British Mathematician Clive Humbly very aptly stated that the data is the new oil. In the Life 4.0, characterised by panopticon like technologies, data has occupied an important epistemic value. As always has been, this has led open a pandora box related to ownership, rights and liabilities related to information and data. Such
CASLW RGNUL
Oct 1120 min read


Dutiful Dads: A Case for Paternity Leave in India
This blog is written by Advika Mattoo and Yash Raj Gupta, Students at Dr. Ram Manohar Lohia National Law University Introduction Many countries have established legislative provisions for paternity leave to intending and existing fathers, but it remains a matter of discussion and argument in India. Although it grants maternity leave as a legal right to female employees, it lacks a centralised paternity leave policy that applies uniformly across the public, private and unorgan
CASLW RGNUL
Oct 117 min read


Section 33 Unveiled: Judicial Alchemy and the Architect of Industrial Harmony
This blog is written by Siddharth Pariani, a second-year law student at Symbiosis Law School, Pune. Introduction: Section 33 of the Industrial Disputes Act, 1947[1] is a landmark in the labor law practice in India, meant to protect the rights of workers in case of a dispute also with the aim of maintaining industrial peace. The section is central as it does not permit service conditions or a worker's discharge to be altered during the pendency of the dispute. It has been amen
CASLW RGNUL
Oct 117 min read


CHALLENGING THE DISLOYALTY NARRATIVE: A LEGAL AND ETHICAL CASE FOR MOONLIGHTING
This article has been written by Swedha Prakash, a fourth year law student at National law University, Jodhpur. INTRODUCTION The recent case of Soham Parekh has once again brought moonlighting into the national spotlight. The controversy gained attention when Suhail Doshi, a tech entrepreneur, claimed that Parekh had “scammed” several startups by secretly working for three or four companies at the same time. This has sparked strong opinions on what counts as ethical behavior,
CASLW RGNUL
Oct 116 min read


ADDRESSING ARBITRARINESS IN GRATUITY FORFEITURE: THE NEED FOR STANDARDIZED GUIDELINES UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND SOCIAL SECURITY CODE, 2020
This piece has been written by Shelly Jain & Shreya Dwivedi 4th Year, B.A. LL.B. (Hons.) students at Institute of Law, Nirma University INTRODUCTION Gratuity, a statutory benefit under the Payment of Gratuity Act, 1972 and and Social Security Code, 2020, in India, is an economic reward for an employee who has completed at least five years' continuous service, to be paid on retirement on superannuation, death, physical incapacity, disability, or otherwise.The purpose of off
CASLW RGNUL
Oct 86 min read
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