Balancing the rights & duties
As the year 2019 has gone by, leaving certain impacts on the industry and employer-employee relationships through judicial pronouncements, one of the most discussed judgments of the Supreme Court has been regarding the applicability of provident fund on certain allowances, treating them as part of the basic wage. This decision, while settling a long-drawn controversy on one side, leaves employers with no clarity on past recoveries, indicating huge financial implications.
The judiciary has consistently taken sexual harassment issues at the workplace very seriously. Year by year, judicial pronouncements have helped clear doubts about the Internal Committee (IC), its inquiry procedure, and the importance of its findings. The Madras High Court has decided that in cases of dismissal based on IC inquiry findings, no prior approval is required under the provisions of the I.D. Act. This is a significant shift, placing IC findings almost on equal footing with a tribunal. The loss of confidence of the employee in the employer due to misconduct has also been established as a point where no reinstatement would be granted.
In respect of the engagement of contract labor, courts have clearly defined the parameters of the employer-employee relationship. Without establishing this, contract labor cannot get any relief against the principal employer. There appears to be consistency in the judicial thought process that while the industry should be reasonably free to manage their people affairs, employees' legal rights are also not allowed to be taken away.
This edition is an annual compilation of all important labor judgments delivered and published in various journals during the last year. Our team works throughout the year for this edition. It involves going through all the judgments published, whether offline or online, selecting them, assessing their relevance and importance for our readers, and then summarizing their central idea in one or a few lines to prepare this special issue. It carries around 800 judgments of the Supreme Court and various high courts. Apart from this, the edition also carries a special feature on HR Focus-2020, about which experts have attempted to figure out certain areas on which the HR fraternity should focus in the coming year.
From India, Delhi
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181As the year 2019 has gone by, leaving certain impacts on the industry and employer-employee relationships through judicial pronouncements, one of the most discussed judgments of the Supreme Court has been regarding the applicability of provident fund on certain allowances, treating them as part of the basic wage. This decision, while settling a long-drawn controversy on one side, leaves employers with no clarity on past recoveries, indicating huge financial implications.
The judiciary has consistently taken sexual harassment issues at the workplace very seriously. Year by year, judicial pronouncements have helped clear doubts about the Internal Committee (IC), its inquiry procedure, and the importance of its findings. The Madras High Court has decided that in cases of dismissal based on IC inquiry findings, no prior approval is required under the provisions of the I.D. Act. This is a significant shift, placing IC findings almost on equal footing with a tribunal. The loss of confidence of the employee in the employer due to misconduct has also been established as a point where no reinstatement would be granted.
In respect of the engagement of contract labor, courts have clearly defined the parameters of the employer-employee relationship. Without establishing this, contract labor cannot get any relief against the principal employer. There appears to be consistency in the judicial thought process that while the industry should be reasonably free to manage their people affairs, employees' legal rights are also not allowed to be taken away.
This edition is an annual compilation of all important labor judgments delivered and published in various journals during the last year. Our team works throughout the year for this edition. It involves going through all the judgments published, whether offline or online, selecting them, assessing their relevance and importance for our readers, and then summarizing their central idea in one or a few lines to prepare this special issue. It carries around 800 judgments of the Supreme Court and various high courts. Apart from this, the edition also carries a special feature on HR Focus-2020, about which experts have attempted to figure out certain areas on which the HR fraternity should focus in the coming year.
From India, Delhi
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