The objective of IRFT WHISPERS is to source for you relevant information on specific areas of your interest. Hopefully we could be such a reference point to all our clients.

IRFT WHISPERS is intended to empower and update you with subject knowledge pertaining to your day to day work It will contain precise information on important topics relevant to the industry along with a link for you to down load if the topic interests you, and if you need further information.



INDUSTRIAL RELATIONS CODE, 2019.

The Industrial Relations Code, 2019 was introduced in Lok Sabha ( Lower House of Parliament of India ) by the Minister of Labour and Employment on November 28, 2019 after approval from the cabinet.

It seeks to replace three labour laws:

  • The Industrial Disputes Act, 1947
  • The Trade Unions Act, 1926
  • The Industrial Employment (Standing Orders) Act, 1946.

Once the bill is passed by the lower house then it will be referred to the Rajya Sabha ( Upper house of parliament of India) for passage following which it will be enacted.


Attached is the Bill Summary and the Bill text for your easy reference.    



INDIA - THE CODE ON WAGES, 2019.

Parliament of India passed The Code on Wages. It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The Code replaces the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976.


Attached summary of the bill.



INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL (AMENDMENT) RULES 2018

The Government of India has made amendments in Industrial Employment (Standing Orders) Central Rules, 1946 through notification G.S.R. 235(E), which will be called the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018.

The government has extended the facility of hiring workers on fixed-term employment to all sectors.

Earlier, the facility for hiring on fixed term contract was available only for the apparel manufacturing sector.

Key points are as under,

  • Fixed-term employment is defined as a workman who is employed on a contractual basis for a fixed period. Thus, the services of the workman will be automatically terminated as a result of non-renewal of the contract between the employer and the workman concerned.
  • Hours of work, wages, allowances and other statutory benefits to the fixed term workman would be the same that of a permanent workman.
  • No employer of an industrial establishment shall convert the posts of the permanent workmen existing in his industrial establishment on the date of commencement of the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 to the fixed term employment thereafter.”.


Attached herewith official gazette for more information.

As per the government, this facility will aid industry to employ workers in sectors which are of seasonal nature and witness fluctuation of demand and hence requires flexibility in employing workers.

The labour unions see the proposed amendment to rules as paving way for converting permanent workers into contract workers on fixed term besides facilitating hire-and fire for employers.


SEXUAL HARRASSMENT AT THE WORKPLACE

In an attempt to tackle Sexual Harassment at Workplaces, the Ministry of Women and Child Development (WCD) has launched an online complaint portal, SHe-Box (Sexual Harassment electronic box), for women working in both public and private organizations to lodge complaints of sexual harassment at workplace.


Those who have already filed a written complaint with the concerned Internal Complaint Committee (ICC) or Local Complaint Committee (LCC) constituted under the SH Act are also eligible to file their complaint through this portal.


SHe-Box portal is an effort to provide a speedier remedy to women facing sexual harassment at workplace. Once a complaint is submitted to the portal, it will be directly sent to the ICC/LCC of the concerned employer. Through this portal, WCD as well as a complainant can monitor the progress of inquiry conducted by the ICC/LCC.