Articles
Article Name
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A Short Critical Commentary on the Industrial
Relations Code, 2020
Dr. Sophy K.J. Associate Professor, NLUD
Pg. 9
Post-Independence, various policy documents such as the First National Commission on Labour, 1969, the Second National Commission on Labour, 2002 and NCEUS Reports of 2007-2008 recommended simplification and amalgamation of similar enactments in the Labour Law regime. This was to ensure a one- window mechanism for similar concerns and to ensure access to entitlements for the workers. Here, in the new legislative exercise around the Industrial Relations Code, 2020, the scheme and design of the majority of the provisions are similar to the current enactments such as the
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Marxist Perspective on Care WorkLifestyle
Tejas Misra, Research Intern, CLLRA
Pg. 10-12
Care-work is an essential feature of our modern neoliberal world model, it as unseen yet intrinsically important part of the economy that ensures its functioning and efficiency. It involves the deeply emotional, back-end, tedious and strenuous work of connecting to people, caring for children, the sick and elderly and working for the needy.
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Evolution of Principles Related to Standardization of
Occupational Health and Safety in International Labour Law
Adarsh Shukla, Research Intern, CLLRA
Pg. 11-12
The nature of work has seen a fundamental shift in the wake of emergence of new kinds of industries. The advent of technology has given rise to new kinds of employment such as freelancers, gig workers, etc. The mode of working in these kinds of employment is very different.[1] Moreover, the expansion of service sector has seen quick expansion.[2] This means that the nature of work has shifted from involving hard physical labour to mental labour. It must also mean that work has shifted from demanding physical movement on part of the workers to requiring workers to sit for long hours at a stretch i.e. sedentariness has become an inherent character of work.[3] As a consequence, the kind of challenges related to occupational safety and health the workers in these kinds of industries experience are very different from the nature of challenges in the pre-technology era.
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Employment Contracts Shouldn’t Overwhelm Commercial
Courts: Sanjay Kumar vs. Elior India
Samriddhi Singh, University of Lucknow
Pg. 16-17
The recent judgment by the Hon’ble Karnataka High Court in the case of Sanjay Kumar v. Elior India Food Services LLP brings to light a crucial aspect of commercial disputes arising from employment contracts. In the context of industrial disputes based on terms of employment, it's essential to distinguish between labor arbitration under the Industrial Disputes Act (ID Act) and commercial arbitration
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Discrimination of Queer Workers at Workplace: Vacuum in legal discourse
Karan Singh Tomar, Research Intern, CLLRA
Pg. 8-10
In the ever-evolving landscape of gender equality and workplace rights, there remains a stark and troubling reality: queer individuals continue to face widespread discrimination in their workplace. This pressing issue not only touches upon the realms of social justice and human rights but also delves deep into the legal framework that shapes our workplaces. Take, for instance, the termination of Sabi Giri by the Indian Navy in October 2017 as a result of her acceptance of her gender identity. Due to the lack of policies permitting transgender duty in the Navy, her transition from MK Giri to Sabi was met with a show-cause notice, six months of isolation in a male psychiatric facility, and ultimately, job loss. The account of Sabi is not really new and unique.
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A Holistic Understanding of Women’s Role in Labour Market: 2023 Economics Nobel Prize
Ananya Deshpandde
Pg. 13-14
The 2023 Nobel Prize in Economics was awarded to Claudia Goldin, a professor at Harvard University. Her thesis was a novel and thorough analysis of an argument not only crucial to the field of economics but to the field of labour law and empowerment mechanisms in our market.
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Paternity Leave: A Step towards Holistic Parenting
Ms. Akanksha Yadav, Researcher, CLLRA
Pg. 8
Recently, the Chief Minister of Sikkim announced one-month paternity leave besides 12 months maternity leave while emphasizing how this new scheme of leave will aid government employees in taking better care of their children and families. In India, although there has been a lot of focus on maternity leave, both the Central & State Governments have not paid much attention to the aspect of
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Moonlighting: Recent trends and Policy Issues
Jyotpreet Kaur, Research Intern, CLLRA
Pg. 7-8
The pandemic and the consequent “work from home” that came with the pandemic have impacted, if not changed, the labour practices prevalent in the country. Ideas like “quiet quitting” became very prominent wherein workers would enforce strict boundaries with respect to the time and work they would engage in, not going beyond their job description, and limiting their work to strictly what’s required of them. Similarly, moonlighting as a term and notion has garnered attention owing to its presence in the news on account of WIPRO laying off some 300 employees for engaging in moonlighting. This begs the question of what moonlighting is and the possible motivations behind employees engaging in moonlighting and to gauge possible if any, legal actions against moonlighting.
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Unpacking the Rights of Surrogate mother: Are they entitled to
Maternity Leave?
Himanshu Gupta is a 3rd year B.A., LL. B (Hons.) student at NMIMS School of Law, Mumbai.
Pg. 9-10
The rights of surrogate mothers under labour laws have been a subject of perpetual debate and a never-ending struggle for them. One such fight is their struggle to avail of maternity leave/benefits under the Maternity Benefits Act, 1961 (“1961 Act”) in the postnatal phase. While the 1961 Act and various State Rules are completely silent upon recognizing this right of surrogate mothers, it is the Courts where their hope lies in the pursuit of justice. In this regard, the Rajasthan High Court in the case of Chanda Keswani v. State of Rajasthan (“Keswani”) followed the progressive stance taken by various other High Courts of India previously and granted maternity leave to a surrogate mother.
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The Argument for Recognition of a New Occupational
Lifestyle
Vatsal Jindel, Research Intern, CLLRA
Pg. 12-15
I begin this blog with three case studies. These three case studies are informed by my personal experiences and interactions. The purpose of this text is to submit that there exists an emerging and distinct occupational lifestyle of mobile workers. This text by arguing for their distinctiveness want to work towards recognition for the same. The author hopes that such a recognition shall enable more effective welfare and regulatory policies to be designed for the people occupying such a category.
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The “Industry” Conundrum
Manas Saxena, RGNUL Punjab
Pg. 18-20
The question about the definition of the term ‘industry’ in the Industrial Disputes Act has plagued the courts for more than 4 decades now. In 1978, Supreme Court gave a vagarious opinion on the same in Bangalore Water Supply case[1]. Establishing the triple test for identifying whether an entity qualifies for industry and expanding the definition of the term “industry”, it seemed to have solved the problem that was dealt by a string of cases in the Safdarjung[2], Solicitors[3], Gymkhana[4], Delhi University[5] and Dhanrajgirji Hospital case[6].
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Systems of Non-Parental Care and Labour Force
Participation: Policyscape in New Labour Codes
Dr. Sophy K.J., Associate Professor & Ms. Adanyaa Garg, Research Intern
Pg. 10-14
There is a severe lack of reliable childcare systems beyond parental care in India and this inadequacy has not been recognised by the Labour laws. Due to the existing patriarchal social structure, the burden of childcare is primarily shouldered by women, a fact that is. visible across the literature (ILO, 2018); (Schochet, 2019); (Parker, 2015). The availability of childcare services appears to substantially
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The Aadhar Quandary: Implications on MNREGA Workers
Dev Dhar Dubey, Researcher, CLLRA
Pg. 9
The Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) serves as a cornerstone of India's poverty alleviation efforts, offering gainful employment to rural citizens. However, the recent insistence on linking Aadhar to MNREGA employment has spurred a contentious legal and ethical debate. For any MNREGA worker to be eligible under the Aadhaar-based payment system (ABPS), their bank account must be connected to their Aadhar and the National Payments Corporation of India’s mapper.