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National Minimum Standards and Protocol for CRECHES (Operation and Management)

4/7/2025

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National Minimum Standards and Protocol for Creches
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Doctrine of Estoppel

3/2/2025

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Estoppel is a legal principle that prevents someone from arguing or asserting a right that contradicts what they previously agreed to or said. Put, estoppel prevents one person from contradicting an action or statement from the past. Estoppel ensures that a person stays true to their word and does not unfairly damage someone else so, if person A must adhere to their word if they make a promise to person B and later rescind it.
In various Corporates, we come across situations, may be Finance, Marketing, Supply-chain, and as well as in HR. Enforcement of contractual terms of an employee, litigations before labour adjudications, long-term wage agreements, and even in domestic enquiries. The intention behind this article is to enlighten all employees holding responsible positions in all disciplines in the Corporate, since, many times, it may go unnoticed.
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It has already been noted that under the "The Bharatiya Sakshya Adhiniyam, 2023 [Evidence Act), hereinafter referred to as Act, there are certain facts which need not be proved and there are some facts which cannot be proved because the Act, would not allow evidence of such facts. An estoppel is a principle, whereby a party is precluded from denying the existence of some state of facts which has formerly admitted. The foundation of the doctrine is that a person cannot approbate and reprobate at the same time;


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FIXED TERM EMPLOYMENT – LIMITATIONS

10/15/2024

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S N MURTHY
SENIOR ADVOCATE
The Indian laws with regard to flexibility of employment is very harsh on the employers. In its anxiety to protect the security of employment in private sector, the Industrial Disputes Act, 1947 was amended during the year 1976 with introduction of Chapter V-B. We may not find a provision similar to the one in Chapter V-B anywhere in the world. This provision, in short requires every employer employing one hundred or more workmen to obtain prior permission of the Government to lay-off, retrench or close down the establishment. This made it very difficult for employers to employ workmen for short duration, say a year or two or three. To add to the woes of employers, Justice Krishna Iyer in Sundarmoney Vs. State Bank of India laid down a stringent law through interpretation of the word `retrenchment’ by stating that an employee who works for 240 days cannot be retrenched without complying with the provisions of Section 25-F of the Industrial Disputes Act.

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I was Born with Silver Spoon - B.C. prabhakar

9/23/2024

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Karnataka Compulsory Gratuity Insurance Rules, 2024

8/28/2024

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Karnataka Compulsory Gratuity Insurance Rules, 2024
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INDIAN EVIDENCE ACT 1872 & THE BHARATIYA SAKSHYA  ACT, 2023 Effective from 1st July, 2024

3/10/2024

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How far are "Employment Contracts" Enforceable Before Courts?

3/5/2024

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We do engage people suitable to any position based on technical skills with expertise in the respective area. The engagement is based on an "Employment Contract" normally captioned as Letter of Appointment. The Employment Contracts may be normal ones and may incorporate certain conditions like non-compete, non-solicitation, non-disclosures of technical knowhow, serving the company for a stipulated number of years, if not, to claim un-liquidated or liquidated damages in case of any breach by either party, to safeguard Intellectual Property, etc. Any Employment Contract must stand the test of Law at any time, otherwise, it is a futile one. Hence, it is essential that while drafting an Employment Contract one must keep in mind its enforceability before a Court of Law. Hence, an attempt is being made in this direction to enlighten the professionals in this article.

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Karnataka High Court Judgement on Protected Workmen

2/14/2024

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  • As envisaged in Section 6 of the Trade Unions Act, the names of only those office bearers can be communicated who have been appointed/elected as per the Trade Unions Act.
  • If the employer has a doubt that the office bearers have not been appointed as per the rules, he has every right to ask the trade union to provide the details of appointment of the office bearers and the manner in which they have been selected/elected.
  • The union when seeking the special status of ‘protected workmen’ of its office bearers, is duty bound to furnish the details sought by the employer and it cannot refuse to give those particulars.
  • Employer has every right to ensure that the status of ‘protected workmen’ sought for by the union is of genuine persons and the shield of ‘protected workmen’ sought is not to be misused.
KARNATAKA HIGH COURT JUDGEMENT ON PROTECTED WORKMEN
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Evidence based HR : The Bridge between People & Delivering Business Strategy

2/6/2024

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By:
K. Vittala Rao
Legal & Management Consultant and
Author of Labour Law Books
Now, high time, HR, being a partner in business, to assertively exhibit its competencies in moving towards business goals. It is a project by itself to be owned by HR, and although challenging, is an essential & inevitable one.
Introduction
As we know, the HR Function was considered as an administrative assignment, but now, there has been a radical change and move towards alignment with Business Targets and supports all the functionaries of a Corporate thus eliminating any obstacles or indulging in addressing all related actions, like, talent acquisition, retention, man-management, developing healthy relations amongst all employees etc. The results achieved or accomplished are not in terms of objective quantification, but subjectivity. For instance, Finance, Production, Market expansion, Cost and profitability etc, in respective KRAs specifically fix objective targets. At any time of the year, one can debate easily, the movement towards the KRA. But, this is not so in HR-no objective KRA, no objective quantification, but highly subjective. No assertiveness exhibited anywhere even though there are several accomplishments. Here where, the development of an "Evidence Based HR" comes into picture. Here, the assessment of HR shall be very objective with quantification and even subject to HR Audit as well. Now, high time, HR, being a partner in business, to assertively exhibit its competencies in moving towards business goals. It is a project by itself to be owned by HR, and although challenging, is an essential & inevitable one.


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Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court of India

12/17/2023

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Not Providing Alternative Light Work To Employee Who Is Unable To Perform Heavy Work Due To Occupational Disability Is Unfair Legal Practice: Bombay High Court

12/12/2023

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Move Towards Developing Coaching Culture

12/11/2023

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“Training & Development” has been one of the segments of HR policy in most of the Corporates. Training Need analysis is normally drawn up depending on the business development, automatons, process change, skill development, rationalisations, productivity enhancements, quality & cost of product related, and most importantly soft skill inadequacies as assessed by the Management etc. HR, be on its own initiative drives or based on the annual program as required by the top Management carries out the programme.

Globalisation led the business to be competitive in acquiring market shares in foreign countries and necessary to import technology, liberal exports & imports, process and method changes including addressing cost of products which required automation and enhanced productivity with international quality standards. To accomplish these targets, cooperation, understanding to change, the role of employees was inevitable.

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For More details kindly click the below link:
https://www.businessmanager.in/move-towards-developing-coaching-culture/
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By:
K. Vittala Rao
Legal & Management Consultant and
Author of Labour Law Books
Courtesy:
Business Manager

1st October 2023
 
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Note on Supreme Court Judgment on the issue of retrospective effect of Payment of Bonus Act Amendment in 2015 –Linking Minimum Wages and fixation at Rs.7000 with retrospective effect, from 2014-2015

12/7/2023

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As we are aware, by the said Amendment Act of 2015, two major changes were introduced to the Payment of Bonus Act, 19652 : one being the amendment of clause (13) of Section 2, raising the salary limit from Rs. 10,000/- to Rs. 21,000/- per month for the purpose of coverage under the Act; and the other being raising the wage ceiling for calculating the bonus under Section 12 from Rs. 3,500/- to Rs. 7,000/- per month or the minimum wages for the scheduled employment as fixed by the appropriate Government, whichever be the higher. Further, by way of Explanation to Section 12, it was clarified that the expression “scheduled employment” shall have the same meaning as assigned to it in clause (g) of Section 2 of the Minimum Wages Act, 1948. These amendments were given retrospective effect in Section 1 of the Amendment Act of 2015 by providing that it shall be deemed to have come into force on 01.04.2014.

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Impediments in Changes in Service Conditions: A Blessing in Disguise?

12/1/2023

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Hurdles of Sec. 9-A and Chapter V-B of I.D. Act and facing challenges in business due to open global market conditions and finding no support from Govt. in making suitable changes in Industrial Disputes Act, lead the Employers to accelerate the move towards “Collaborative Culture” and in fact, the Indian Industry has been witnessing, employee – employer relations going strong day by day.

We are very familiar and with adequate legal knowledge of the restrictive provisions under the Industrial Disputes Act, 1948, Dec. 9 A and Chapter VB.

Ever since the adaptation of the Industrial Disputes Act in 1948 and even till date, these restrictive provisions still remain unamended in spite of several pleadings and representations to the Central Government every year.

It may not be out of place to mention “Contract” as defined under the Indian Contract Act, 1872. The “Service conditions” as stipulated in the letter of appointments/Service Rules/Standing Orders are deemed to be Terms of Contract under the Indian Contract Act 1872. Any change/alterations in the terms of contract must be mutually agreed & accepted for enforcement. Otherwise, the Contract will be Void.
 
For More details kindly click the below link:
https://www.businessmanager.in/impediments-in-changes-in-service-conditions-a-blessing-in-disguise/
 
Courtesy:
Business Manager

1st December 2023
 
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BOOK REVIEW ON Labour Reforms and Labour Codes in India

4/1/2023

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Labour reform is one of the most sensitising actions by the treasury bench that often knowingly or unknowingly is opposed not only by the opposition bench but often by the trade union outfit of the treasury bench. The fall out is obvious...once bitten, twice shy to implement. The Indian trade union movement is much more aligned with political ideology rather than syncing with the socio-economic reality. Within the prevailing geopolitical scape of the country often the actual reform takes the back seat. In a country even the mildest intervention attracts huge criticism in public platform and thus the ideas of reform are often shelved helping none other than the conflicting political outfits aiming for retaining and/or capturing support base from the industrial population. There is a growing un-unionised culture of certain knowledge based industries.

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Karnataka Employers' Association's circular on 'A Guide to The Factories Act Book'

3/7/2023

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Check Your Eligibility for EPFO Higher Pension

3/2/2023

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Innovativee Techniques of Time Management

2/7/2023

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Book Review on FAQ with Answers: Present Labour Laws and Upcoming Labour Codes

2/5/2023

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While I was flipping through the pages of the book "Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes" written by Hon'ble K Vittala Rao a significant recent experience cropped up in my mind and I take liberty to share the same. A few months ago, while checking the syllabus of a 2 years postgraduate HR (Major) program of a renowned institution I could not figure out any courseware for the students on the labour laws. When I enquired, the very closely connected interfacing HR Professor told me that they did not have any module on labour laws as students are not interested on them. Without getting into a debate about whether the institution is right by accommodating the student's choice on the courseware, being a stakeholder; I could not resist myself and asked the Professor that what the babies are going to do in corporates? Would they go to train people, or remain busy with recruitment calls or would engage only with lip services? The Professor appreciating my viewpoint humbly replied, "It is utmost important for budding HR managers to have working knowledge of labour Laws, else the legal framework of the HR system could not be understood, and the budding HR managers shall have serious repercussions in their careers".

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Training Process & Assessment of Training Effectiveness

2/5/2023

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Training Process & Assessment of Training Effectiveness
Sunday, Feb 12  •  11:00 – 12:30
Google Meet joining info
Video call link: https://meet.google.com/ccc-qved-cmk
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NOTE ON HIGHER PENSION UNDER EMPLOYEES PENSION SCHEME

2/3/2023

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S.N. Murthy
Senior Advocate
A batch of retired employees approached the Hon’ble Supreme Court seeking for benefit of higher pension since their employer and they themselves had paid EPF contribution on actual wages which was much higher than the prescribed limit for coverage. This ultimately resulted in an order passed on 04.10.2016, wherein the Learned Judges of the Hon’ble Supreme Court held that there was no cut-off date under the proviso to para-11 (3) of the Pension Scheme as it existed then, and so, the request of the retired employees for exercising option for higher pension should not have been rejected.  With this, the retired employees who were before the Hon’ble Supreme Court got an option to seek higher pension.

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K. Vittala  Rao, a lifetime achievement award by IHRD 2022

12/19/2022

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K. Vittala Rao, B.Sc., B.L., DSSA
Legal & Management Consultant, Bengaluru
Our beloved mentor Mr. K. Vittala Rao has been conferred a lifetime achievement award by IHRD 2022 for his contribution to the community.
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About K. Vittala Rao

Mr. K Vittala Rao is a Labour Law Expert with over 35 years of work experience in various reputed Companies – Corporate General Manager at Kirloskar Group, General Manager at Escorts Mahale and Goetze Ltd., [Federal Mogul], Triveni Engineering Works Ltd., GKW, John Fowler India Ltd., Gokak Mills as Head of HR & IR.  

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Shops & Commercial Establishments Vs Occupational Safety, Health & Working Conditions Code 2020.

7/13/2022

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K.Vittala Rao.
Legal & Management Consultant.
Bangalore
The views in this article are author’s point of view. This article is not intended to substitute legal advice.
An Area of Concern to be addressed by the Central as well as State Governments and also by all professionals.
Now, we are very familiar with the provisions of Occupational Safety, Health & Working Conditions Code 2020.
The draft rules based on the Central Draft Rules, also have been published by most of the State Governments.
It is appropriate now to deeply analyze various implications arising out of the Code.
The Code has repealed the existing legislations under the scope of the Code, mainly Centrally enacted with State Rules for implementations.
The Code has not touched upon any State Legislations like, Shops & Commercial Establishments Act, Labour Welfare Fund Act, National Festival Holidays Act etc.
Arising out of this, we need examine the enforceability of Shops & Commercial Establishments Act with Rules and the controversies while deeply examining the Code.
Are there are any overlapping or the extent of repugnancy?
Hence, I have made an attempt to analyze and present to all Legal Practitioners, HR Fraternity and no exceptions to State / Central Authorities.

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Safety Induction Booklet-2022

6/7/2022

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To be an employee even after leaving employment

5/6/2022

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M.R. Nataraj
General Manager-HR, Bharat Fritz Werner Limited
A real man is he or she who lives after death. Similarly he or she is the real employee who remains to be an employee even after the leaving the employment of an employer.
 
In the employment life of a person employment, resignation, reemployment etc are common.
 
Especially in the current employment world, post COVID, number of cessations, voluntary as well as involuntary are huge in numbers.
 
Though a few, there are employees, who are often disgraceful in their communication about the employment resignations. 

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