articles on employment issues 2020

The relevant portion pertaining to the issue of employment as per the Order is extracted here below: “iii. State S&CE Acts, for instance in the States of Tamil Nadu, Kerala, Maharashtra and Karnataka, the Acts exclude application to those persons who are employed in any establishment occupying a position of management, thereby creating a distinct classification of employees covered under the said enactments. JOB POST: Contracts Specialist at GEP India, Mumbai: Apply Now! At Yeshiva University, we understand that pulling together nine emerging and pressing issues can’t just be about recognizing the challenges individuals struggle with. [6] Therefore, considering the fact that the Supreme Court has not granted stay over the said Order, this article seeks to analyse the Order’s impact in the context of the prevailing labour laws in India, while also considering whether the Order can be said to be all encompassing in its application, without delving into the grounds such as arbitrariness, unreasonableness, amongst others, which have been raised in the Petitions. Employment Issues during COVID-19 Crisis: An Analysis of the MHA’s Order. New data from the Bureau of Labor Statistics’ (BLS) monthly employment situation report confirms that the historically strong U.S. labor market has continued to expand into 2020. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. However, by applying the principle of noscitur a sociis, while interpreting the term “Worker” in the context of the MHA Order, it would tantamount to providing a narrow interpretation if the term “worker” were to be only restricted to its reference under the Factories Act, without considering the surrounding phrases in the said Order. As per Section 1(6)[15] of the POW Act, all those employees who are earning more than INR 24,000 per month are not governed as per the Act. CiteScore values are based on citation counts in a range of four years (e.g. The Finance Bill, 2020 was signed into Law in June to amend a number of laws Preference for Soft-Skills According to a survey on global trends conducted by LinkedIn, 92% of the surveyed HR professionals and hiring managers are now focused on soft skills because they are considered more important than hard skills. No. In fact, in this context, the Supreme Court in the case of Alakh Alok Srivastava v UOI,[22] had while dealing with the said Order, though in a different context, observed as follows: “...disobedience to an order promulgated by a public servant would result in punishment under Section 188 of the IPC. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may— (a) act as the coordinating and monitoring body for disaster management;  (b) prepare the National Plan to be approved by the National Authority;  (c) coordinate and monitor the implementation of the National Policy;  (d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities;  (e) provide necessary technical assistance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority;  (f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India;  (g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects; (h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government;  (i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers;  (k) coordinate response in the event of any threatening disaster situation or disaster;  (l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;  (m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief;  (n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management;  (o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act;  (p) promote general education and awareness in relation to disaster management; and  (q) perform such other functions as the National Authority may require it to perform. New data from the Bureau of Labor Statistics’ (BLS) monthly employment situation report confirms that the historically strong U.S. labor market has continued to expand into 2020. Therefore, “workman” under the ID Act and the Contract Labour (Abolition and Regulation) Act, 1970 (“CL Act”), which also defines “workman” in a similar manner as available in the ID Act, and “persons employed” under the respective S&CE Acts, could be interpreted to fall under the purview of “worker” as per the MHA Order. The separate Household Survey shows that the unemployment rate ticked up to 3.6 percent in January, remaining near its lowest level since May 1969. The Employment Adjustment Subsidy and New Assistance for Temporary Leave (PDF:260KB) Advance Published on October 12, 2020 (PDF:259KB) HAMAGUCHI Keiichiro Diminished Non-regular Employment, Solid Regular In April 2019, it is posted at 94.9 percent. We trust and expect that all concerned viz., State Government, Public Authorities and citizens of this country will faithfully comply with the directions, advisories and orders issued by the Union of India in letter and spirit in the interest of Public Safety…”. This month’s report included BLS’ annual revisions to the Establishment Survey. The primary reason for the slight uptick in January’s unemployment rate was an increase in labor force participation from workers coming off the sidelines to look for work and find jobs. All the employers, be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places on the due date, without any deduction, for the period their establishments are under closure during the lockdown”. Additionally, the term “workplace” referred to in the MHA Order would necessarily assume the meaning under the Industrial Disputes Act, 1947 (“ID Act”), if such industry falls under the definition of industry/undertaking in that Act, otherwise, it shall be either a shop or commercial establishment under the respective State Shops and Establishment Acts (“S&CE Act”). The unemployment rate remains well below the Congressional Budget Office’s final pre-election projection of 5.0 percent and 1.1 percentage points lower than its level when President Trump was elected in November 2016. Employment Law 124 We identify five particular employment law liabilities employers may be exposed to once the dust settles from the pandemic. Further, as per Section 72,[21] the said Act will also have an overriding effect over any other enactment for the time being in force. Therefore, considering the above, the term “worker” must necessarily be construed to apply and extend to legislations such as, the ID Act, the respective S&CE Act, amongst others, even if the nomenclatures may differ in those enactments. Under the Factories Act, a “Worker” is defined in Section 2(l) to mean “a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union.” Therefore, the definition of “worker,” as per the Act, draws a distinction between who is a worker and also goes on to state who is not. Under the Factories Act, a “Worker” is defined in Section 2(l) to mean “. The list of social issues in the U.S. and around the globe in 2020 can seem overwhelming. Additionally, it is to be seen whether the said Order can be stated not to have retrospective effect, namely, applicable prior to 29.03.2020. As held in several cases of the Supreme Court, including in the case of Workmen v. Binny Ltd.,[10] “...it is a trite law that in matters of welfare legislation, especially involving labour, the terms of contracts and the provisions of law should be liberally construed in favour of the weak.” In this context, if a still wider interpretation of the term “worker” is to be used to include the entire workforce of companies, such interpretation will be restricted by the usage of the term “wages”. of Taxes v. Onkarmal Nathmal Trust, The government’s active interference in the dynamics between employers and employees has been to prevent inequality in bargaining power and to add further value to the beneficial nature of the labour legislations. First Dog on the Moon 2020 was a poisonous sea snake lurking in the foam-covered, storm-lashed beaches of a year It’s the Seabirds for Climate Justice end of year review! Monthly change in nonfarm payroll employment in the U.S. November 2020 Number of full-time employees in the U.S. 1990-2019 Number of part-time employees in the U.S. 1990-2019 However, if such is the case, then by necessary implication, the MHA Order excludes all those classes of “workers” who are not covered under the respective legislations. Importantly, the prime-age (25-54) labor force participation rate also rose to 83.1 percent in January, which is 1.8 percentage points above its rate in November 2016. Understand your legal options and ask HG.org to help you find a local law firm Employment and Labor Law Articles Legal articles … The term “wages” under the ID Act, as per Section 2(rr),[14] has been given a very broad application and there are several decisions to state as to how and to whom it is to apply. However, if the Government were to provide clarifications and permit reasonable reductions in employee salaries, while continuing the restrictions on termination and non-payment of wages, the companies may not have a need to layoff or terminate any personnel and will most likely be more resilient. Workplace Issues videos and latest news articles; GlobalNews.ca your source for the latest news on Workplace Issues . Prior to the Order of the MHA dated 29.03.2020, the Ministry of Labour and Employment had issued a series of letters dated 20.03.2020 & 23.03.2020 in the form of advisories that employers throughout various industries and (iv) who being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. Further, considering that the interpretation pertains to issues arising out of a beneficial legislation, namely, labour laws, the term “worker” would need to be understood in its broad connotation and liberal construction. This is taking into consideration the constitution bench case of the Supreme Court in, As far as the applicability of the Maternity Benefit Act, 1961 is concerned, although the term “worker” “workman” or “person employed” has not been defined under the said Act, the MHA Order would still be applicable. Similarly, in the case of ISMW Act, the term “wages” as per Section 2(i)[16] has been assigned the meaning under Section 2(vi)[17] of the POW Act. Changes in labor force participation that appear small in magnitude have important effects on the job market. Donald Trump grants full pardon to two convicted in Russia probe, Punjab Farmer at Singhu sends Notice to BJP for using his image in ad promoting farm laws, खुद ही पैरवी करने अदालत पहुंचा लॉ का स्टूडेंट, कोर्ट ने याचिका में तकनीकी खामियां मिलने के बाद कहा - छात्र को वकील के साथ आने को कहा, Singapore Court sentences Indian woman to six years in jail for cheating people of over ₹3.31 crore, JOB POST: Assistant Manager [Legal] at RHFL, Chennai: Apply by Dec 30, हाईकोर्ट ने कहा विश्वास नहीं होता- होटल मालिक की आमदनी सिर्फ 17 हजार, पत्नी का गुजाराभत्ता कम करने से इंकार, याचिका खारिज की, Chandigarh CBI Court upholds conviction of two, reduces sentence. Similarly, under the respective State S&CE Acts, for instance in the States of Tamil Nadu, Kerala, Maharashtra and Karnataka, the Acts exclude application to those persons who are employed in any establishment occupying a position of management, thereby creating a distinct classification of employees covered under the said enactments. National Disaster Response Fund.—(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto— (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide;  (b) any grants that may be made by any person or institution for the purpose of disaster management. The January reading of the Conference Board Consumer Confidence Index increased to 131.6, a 31 percent increase from the reading the month before President Trump’s election. Hence, all those employees/workers/workmen not covered under the MHA Order would necessarily be governed by their respective employment contracts or as per the provisions of the appropriate S&CE Acts. However, at the same time, there is also a necessity to ensure protection for these personnel during these tough times while also equally safeguarding and balancing the interests of both the company and the employees. AUTHORs: Bryan Dunne Services: Employment, Pensions and Benefits DATE: 22/12/2020 Looking back on 2020, we saw lots of interesting developments across many areas of employment law. Blumenthal, who has been recognized multiple times as a "Best of the Bar" by the Kansas City Business Journal in labor and employment law, said … In 2019, the unemployment rates for African Americans, Hispanic Americans, and Asian Americans all hit record lows (see table). 40-3/2020-DM-I(A), dated 29.03.2020 under the aegis of the National Disaster Management Act, 2005, the non-compliance of which by the stakeholders would attract penal consequences. Therefore, all those “persons employed” as per these State S&CE Acts, and who earn monthly wages above INR 24,000, would not fall under the purview of the MHA Order. Therefore, considering the above position, it can be safely stated that the interpretation of the term “workmen” could only apply to those class of employees/workers/workmen who fall under the purview of the respective labour legislations, intended to be applicable, and not to the entire workforce in an establishment, industry or workplace; thereby impliedly excluding such personnel from its purview. Thanks for reading. Employers also can … Intel., Inc. v. Donahue, C.A. (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months: “wages” means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes –, "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes--. Ontario, Canada About Blog Minken Employment Lawyers is a specialty employment law boutique that provides expert legal services on a full range of workplace issues to employees, employers, law firms, corporate counsel and Interestingly, as far as the State of Tamil Nadu is concerned, the definition of wages would require wages to be paid as per the specific definition under the Tamil Nadu S&CE Act, considering that the said Act does not refer to the POW Act. A knowingly disobeys the order, and thereby causes danger of riot. Further, the Government may also consider providing financial relief for those small and micro companies/entities that are not financially capable of sustaining themselves during these testing times. Mondaq uses cookies on this website. Scientific Research Publishing is an academic publisher with more than 200 open access journal in the areas of science, technology and medicine. These revisions showed that 514,000 fewer jobs were added during the year ending in March 2019 than were previously reported. Therefore, the issues to be dealt with during the pandemic by the concerned authorities are squarely governed by this enactment and it thereby empowers the authorities to take appropriate action due to any non-compliance of measures prescribed by the Act and all the Directions, Regulations, Rules formulated thereunder. The National Disaster Management Act, 2005 (“NDM Act”) defines a “disaster” under Section 2(d) to mean “a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area”. 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