Labor Reforms and Judicial Trends in 2015
Year 2015 has been a year of labor reforms initiated by state governments. Following Rajasthan, Maharashtra, Gujarat, and Madhya Pradesh, the objective was to create a business-friendly environment concerning employee management. Despite the Central Government's willingness, not much progress was made in this area.
In contrast, the judiciary continued to strike a balance between employer and employee rights and obligations in disputes. In cases of terminations, reinstatement with back wages is no longer automatic. Instead, there has been a trend in judicial decisions to award lump sum compensation to employees as relief.
Courts have also become more selective in intervening under Sec. 11 A of the Industrial Disputes Act. If the inquiry is deemed fair and proper, courts are reluctant to interfere with the employer's disciplinary powers unless the punishment is shockingly disproportionate to the misconduct. This shift indicates that employees seeking relief against employers face more challenges, needing to prove their employment status and lack of alternative employment for back wages relief. Employers must also ensure proper engagement of contract labor to avoid severe consequences.
Emerging HR Trends and Insights
The February 2016 issue of Business Manager presents a compilation of approximately 600 concise labor judgments, aiding managers in quickly referencing and clarifying decisions. Additionally, the issue highlights emerging HR trends that are expected to dominate the field in the upcoming year. Notably, technology and social media are set to play a significant role, potentially influencing decision-making processes. An interesting trend observed is the preference of Gen-Y for cash over indirect benefits, necessitating a review of compensation and benefits policies by HR professionals. These insights aim to enlighten readers and prepare them for the evolving landscape of HR practices.
Regards
Year 2015 has been a year of labor reforms initiated by state governments. Following Rajasthan, Maharashtra, Gujarat, and Madhya Pradesh, the objective was to create a business-friendly environment concerning employee management. Despite the Central Government's willingness, not much progress was made in this area.
In contrast, the judiciary continued to strike a balance between employer and employee rights and obligations in disputes. In cases of terminations, reinstatement with back wages is no longer automatic. Instead, there has been a trend in judicial decisions to award lump sum compensation to employees as relief.
Courts have also become more selective in intervening under Sec. 11 A of the Industrial Disputes Act. If the inquiry is deemed fair and proper, courts are reluctant to interfere with the employer's disciplinary powers unless the punishment is shockingly disproportionate to the misconduct. This shift indicates that employees seeking relief against employers face more challenges, needing to prove their employment status and lack of alternative employment for back wages relief. Employers must also ensure proper engagement of contract labor to avoid severe consequences.
Emerging HR Trends and Insights
The February 2016 issue of Business Manager presents a compilation of approximately 600 concise labor judgments, aiding managers in quickly referencing and clarifying decisions. Additionally, the issue highlights emerging HR trends that are expected to dominate the field in the upcoming year. Notably, technology and social media are set to play a significant role, potentially influencing decision-making processes. An interesting trend observed is the preference of Gen-Y for cash over indirect benefits, necessitating a review of compensation and benefits policies by HR professionals. These insights aim to enlighten readers and prepare them for the evolving landscape of HR practices.
Regards
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