Dear Friends,
Year 2015 has been a year of labour reforms crackers by State Govts. After Rajasthan, Maharashtra, Gujarat and Madhya Pradesh followed the line with the objective to create an environment of doing business with ease when it comes to handling employee front. Central Govt. could not do much in this direction in spite of demonstrating enough will.
Away from this, our judiciary like earlier, set the precedence of taking a step of creating fine balance between rights and obligations of employer and employee when it comes to dispute. In case of terminations, reinstatement with back wages is no more automatic. The year has seen a consistent approach in judicial pronouncements where instead of reinstatement, lump sum compensation were awarded as relief to employee.
Courts have also rationalized their intervention while exercising powers under Sec. 11 A of I.D.Act.Where the inquiry has been held as fair and proper, courts have declined to interfere with the powers of employer to impose punishment unless it is shockingly disproportionate to the gravity of misconduct. These two indications speak much. Employees contesting their claims against employers have now no cake walk to get relief. They are responsible to prove their employment with the employer and also not having gainful employment to seek back wages relief. Equally employer has also to adhere to genuine arrangement of engaging contract labour in establishments .Any lapse may cost them dearly.
BM in Feb. 2016 issue presents the compilation of about 600 one liner important labour judgments selected from thousands of cases published in various journals . It helps managers to refer and check quickly in times of obtaining clarity before taking any decision.
Feb. 2016 issue also contains few more emerging trends of HR that will dominate the field in coming year. No doubt, this year is going to be the year of technology and social media. Technology may take over people decision making processes. A remarkable trend is seen in respect of Gen –Y who are dominantly looking for more cash in hand rather than indirect facilities and perks. It needs to be addressed by HR people. It may lead to restructuring the compensation and benefits policies. Hope, readers will be enlightened by such studies results.
Year 2015 has been a year of labour reforms crackers by State Govts. After Rajasthan, Maharashtra, Gujarat and Madhya Pradesh followed the line with the objective to create an environment of doing business with ease when it comes to handling employee front. Central Govt. could not do much in this direction in spite of demonstrating enough will.
Away from this, our judiciary like earlier, set the precedence of taking a step of creating fine balance between rights and obligations of employer and employee when it comes to dispute. In case of terminations, reinstatement with back wages is no more automatic. The year has seen a consistent approach in judicial pronouncements where instead of reinstatement, lump sum compensation were awarded as relief to employee.
Courts have also rationalized their intervention while exercising powers under Sec. 11 A of I.D.Act.Where the inquiry has been held as fair and proper, courts have declined to interfere with the powers of employer to impose punishment unless it is shockingly disproportionate to the gravity of misconduct. These two indications speak much. Employees contesting their claims against employers have now no cake walk to get relief. They are responsible to prove their employment with the employer and also not having gainful employment to seek back wages relief. Equally employer has also to adhere to genuine arrangement of engaging contract labour in establishments .Any lapse may cost them dearly.
BM in Feb. 2016 issue presents the compilation of about 600 one liner important labour judgments selected from thousands of cases published in various journals . It helps managers to refer and check quickly in times of obtaining clarity before taking any decision.
Feb. 2016 issue also contains few more emerging trends of HR that will dominate the field in coming year. No doubt, this year is going to be the year of technology and social media. Technology may take over people decision making processes. A remarkable trend is seen in respect of Gen –Y who are dominantly looking for more cash in hand rather than indirect facilities and perks. It needs to be addressed by HR people. It may lead to restructuring the compensation and benefits policies. Hope, readers will be enlightened by such studies results.
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