Labour Law Reporter

2026 LLR WEB 828 (CHHATTISGARH HIGH COURT) Appellate Authority under Payment of Gratuity Act cannot pass an order more adverse to the appellant than the order under appeal. PAYMENT OF GRATUITY - Interest - Appellate Authority - Scope of appellate power - Payment of Gratuity Act, 1972 - Employee retired on superannuation with departmental inquiries pending; gratuity was paid after the date of retirement - Controlling Authority directed payment of interest at 10% from date of retirement till date of actual payment - Employer alone preferred appeal before Appellate Authority challenging the interest order - Appellate Authority instead of confining itself to the employer''s appeal,... subscribe to read more.....

2026 LLR WEB 825 (CALCUTTA HIGH COURT) Damages under Section 14B of EPF Act must be supported by reasons; business difficulties do not absolve employer of timely deposit obligation. EMPLOYEES' PROVIDENT FUND - Damages - Section 14B - Interest - Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Delay in deposit - Discretionary power - Reasons - EPFO imposed damages under Section 14B for delayed deposit of PF contributions - Employer challenged the order before CGIT which dismissed the appeal - Single Bench upheld - Held, orders under Section 14B and Section 7Q must be informed with reasons - EPFO directed to be more cautious in this regard... subscribe to read more.....

Damages under Section 14B of EPF Act must be supported by reasons; business difficulties do not absolve employer of timely deposit obligation. 2026 LLR WEB 825 (CALCUTTA HIGH COURT) EMPLOYEES' PROVIDENT FUND - Damages - Section 14B - Interest - Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Delay in deposit - Discretionary power - Reasons - EPFO imposed damages under Section 14B for delayed deposit of PF contributions - Employer challenged the order before CGIT which dismissed the appeal - Single Bench upheld - Held, orders under Section 14B and Section 7Q must be informed with reasons - EPFO directed to be more cautious in this regard... subscribe to read more..... labourlawreporter.com

2026 LLR WEB 816 (ANDHRA PRADESH HIGH COURT) Employees absorbed under tripartite transfer arrangement are bound by agreed terms; pension cannot be claimed beyond what is stipulated. INDUSTRIAL DISPUTES Pension Transfer and absorption Tripartite arrangement Section 25FF of the Industrial Disputes Act, 1947 EPF and Gratuity as substitute for pension G.O.Ms.No.680 dated 15.07.1987 Petitioners engaged in transport wing of Devasthanam were transferred and absorbed into APSRTC pursuant to a Government order and tripartite minutes of meeting which stipulated specific terms including protection of pay, payment of gratuity under the Payment of Gratuity Act and transfer of PF holdings to APSRTC PF Trust under Section 17B of the EPF Act... subscribe to read more....

🚨 𝗖𝗿𝗲𝗰𝗵𝗲 𝗙𝗮𝗰𝗶𝗹𝗶𝘁𝘆 𝗜𝘀 𝗡𝗼𝘁 𝗝𝘂𝘀𝘁 𝗔 𝗪𝗼𝗺𝗲𝗻’𝘀 𝗛𝗥 𝗣𝗼𝗹𝗶𝗰𝘆 𝗔𝗻𝘆𝗺𝗼𝗿𝗲 Many employers still treat creche facility as a maternity-only compliance point. But under the 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀, it needs a closer reading because the requirement appears under both: * 𝗖𝗼𝗱𝗲 𝗼𝗻 𝗦𝗼𝗰𝗶𝗮𝗹 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆, 𝟮𝟬𝟮𝟬 * 𝗢𝗦𝗛𝗪𝗖 𝗖𝗼𝗱𝗲, 𝟮𝟬𝟮𝟬 And both do not use the same language. 𝗘𝗮𝗿𝗹𝗶𝗲𝗿 𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻: Under the 𝗠𝗮𝘁𝗲𝗿𝗻𝗶𝘁𝘆 𝗕𝗲𝗻𝗲𝗳𝗶𝘁 𝗔𝗰𝘁, 𝟭𝟵𝟲𝟭, establishments having 𝟱𝟬 𝗼𝗿 𝗺𝗼𝗿𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 had to provide creche facility for children below 𝟲 𝘆𝗲𝗮𝗿𝘀. The woman was entitled to 𝟰 𝘃𝗶𝘀𝗶𝘁𝘀 𝗮 𝗱𝗮𝘆, including rest intervals. 𝗖𝗼𝗱𝗲 𝗼𝗻 𝗦𝗼𝗰𝗶𝗮𝗹 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆: Section 67 requires creche facility where 𝟱𝟬 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀, or such number as prescribed, are employed. Central Rules mention a 𝟭 𝗸𝗺 distance norm and also provide a creche allowance mechanism in certain cases. 𝗢𝗦𝗛𝗪𝗖 𝗖𝗼𝗱𝗲: Section 24(3) uses the threshold of 𝗺𝗼𝗿𝗲 𝘁𝗵𝗮𝗻 𝟱𝟬 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 and speaks of suitable location and distance. This creates important compliance differences: * 𝟱𝟬 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 vs 𝗺𝗼𝗿𝗲 𝘁𝗵𝗮𝗻 𝟱𝟬 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 * Employees vs workers * 𝟭 𝗸𝗺 rule vs suitable distance * Express 𝟰 visits under CoSS * Creche allowance under CoSS Rules 𝗕𝗶𝗴 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻: MoLE FAQ dated 𝟭𝟲 𝗠𝗮𝗿𝗰𝗵 𝟮𝟬𝟮𝟲 says creche facility is available to employees, irrespective of gender. 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Creche facility is now a 𝗵𝗲𝗮𝗱𝗰𝗼𝘂𝗻𝘁, 𝗴𝗲𝗻𝗱𝗲𝗿-𝗻𝗲𝘂𝘁𝗿𝗮𝗹, 𝗹𝗼𝗰𝗮𝘁𝗶𝗼𝗻-𝗯𝗮𝘀𝗲𝗱 𝗮𝗻𝗱 𝗰𝗿𝗼𝘀𝘀-𝗰𝗼𝗱𝗲 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗶𝘀𝘀𝘂𝗲. 𝗪𝗵𝗮𝘁 𝗦𝗵𝗼𝘂𝗹𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗗𝗼? 📌 Check whether the establishment is covered under CoSS, OSHWC, or both 📌 Count headcount carefully — 𝟱𝟬 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 is not the same as 𝗺𝗼𝗿𝗲 𝘁𝗵𝗮𝗻 𝟱𝟬 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 📌 Document creche distance, accessibility, timings and facilities 📌 Review shared / common creche arrangements 📌 Align internal policy with the gender-neutral clarification 📌 Track Central and State Rules before final implementation

2026 LLR WEB 814 (BOMBAY HIGH COURT) Exoneration in domestic enquiry does not validate an appointment made without sanctioned post or due recruitment procedure. INDUSTRIAL DISPUTES ACT, 1947 Section 2-A Section 25-F Public employment Void appointment Sanctioned post Articles 14 and 16 of the Constitution Domestic enquiry Exoneration Reinstatement Compensation Doctrine of indoor management Workmen were appointed as Clerk-cum-Typists by the respondent public corporation without following prescribed recruitment procedure and without sanctioned posts, as later found in a departmental enquiry report by the Commissioner of Social Welfare Criminal proceedings were initiated against the former Chairman and Managing Director for fraud including illegal appointments... subscribe to read more.....

2026 LLR WEB 819 (BOMBAY HIGH COURT) Inordinate unexplained delay bars revisional challenge to Labour Court's order issuing process even absent statutory limitation under Section 44 of MRTU and PULP Act. UNFAIR LABOUR PRACTICES Criminal complaint for breach of Labour Court order Revisional jurisdiction under Section 44 of the MRTU and PULP Act, 1971 Delay and laches Vicarious criminal liability under Section 48 Definition of "employer" The petitioner, a former director who had resigned prior to passing of Labour Court's order, was proceeded against in a criminal complaint for alleged breach of that order Process was issued by Labour Court in 2005;... subscribe to read more.....

2026 LLR WEB 816 (ANDHRA PRADESH HIGH COURT) Employees absorbed under tripartite transfer arrangement are bound by agreed terms; pension cannot be claimed beyond what is stipulated. INDUSTRIAL DISPUTES Pension Transfer and absorption Tripartite arrangement Section 25FF of the Industrial Disputes Act, 1947 EPF and Gratuity as substitute for pension G.O.Ms.No.680 dated 15.07.1987 Petitioners engaged in transport wing of Devasthanam were transferred and absorbed into APSRTC pursuant to a Government order and tripartite minutes of meeting which stipulated specific terms including protection of pay, payment of gratuity under the Payment of Gratuity Act and transfer of PF holdings to APSRTC PF Trust under Section 17B of the EPF Act... subscribe to read more.....

2026 LLR WEB 816 (ANDHRA PRADESH HIGH COURT) Employees absorbed under tripartite transfer arrangement are bound by agreed terms; pension cannot be claimed beyond what is stipulated. INDUSTRIAL DISPUTES Pension Transfer and absorption Tripartite arrangement Section 25FF of the Industrial Disputes Act, 1947 EPF and Gratuity as substitute for pension G.O.Ms.No.680 dated 15.07.1987 Petitioners engaged in transport wing of Devasthanam were transferred and absorbed into APSRTC pursuant to a Government order and tripartite minutes of meeting which stipulated specific terms including protection of pay, payment of gratuity under the Payment of Gratuity Act and transfer of PF holdings to APSRTC PF Trust under Section 17B of the EPF Act... subscribe to read more.....

2026 LLR WEB 814 (BOMBAY HIGH COURT) Exoneration in domestic enquiry does not validate an appointment made without sanctioned post or due recruitment procedure. INDUSTRIAL DISPUTES ACT, 1947 Section 2-A Section 25-F Public employment Void appointment Sanctioned post Articles 14 and 16 of the Constitution Domestic enquiry Exoneration Reinstatement Compensation Doctrine of indoor management Workmen were appointed as Clerk-cum-Typists by the respondent public corporation without following prescribed recruitment procedure and without sanctioned posts, as later found in a departmental enquiry report by the Commissioner of Social Welfare Criminal proceedings were initiated against the former Chairman and Managing Director for fraud including illegal appointments... subscribe to read more......

🚨 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀 𝗔𝗿𝗲 𝗡𝗼𝘁 𝗔 𝗙𝘂𝘁𝘂𝗿𝗲 𝗧𝗼-𝗗𝗼 𝗟𝗶𝘀𝘁 𝗔𝗻𝘆𝗺𝗼𝗿𝗲 Many employers are still asking one question: “𝗦𝗵𝗼𝘂𝗹𝗱 𝘄𝗲 𝗰𝗵𝗮𝗻𝗴𝗲 𝗻𝗼𝘄, 𝗼𝗿 𝗰𝗮𝗻 𝘄𝗲 𝘄𝗮𝗶𝘁?” That is exactly where the biggest compliance risk begins. Because under the 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀, everything will not move at the same speed. Some actions need immediate internal readiness. Some actions depend on 𝗖𝗲𝗻𝘁𝗿𝗮𝗹 𝗥𝘂𝗹𝗲𝘀. Some actions may still depend on 𝗦𝘁𝗮𝘁𝗲 𝗥𝘂𝗹𝗲𝘀, portals, schemes and further notifications. 𝗪𝗵𝗮𝘁 𝗖𝗵𝗮𝗻𝗴𝗲𝘀 𝗜𝗺𝗺𝗲𝗱𝗶𝗮𝘁𝗲𝗹𝘆? * 𝗪𝗮𝗴𝗲 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲 The definition of “wages” will impact statutory calculations. * 𝗚𝗿𝗮𝘁𝘂𝗶𝘁𝘆 Gratuity calculation and nomination records need close review. * 𝗟𝗲𝗮𝘃𝗲 𝗲𝗻𝗰𝗮𝘀𝗵𝗺𝗲𝗻𝘁 Unused leave and exit-related benefits should be mapped properly. * 𝗙𝗶𝗻𝗮𝗹 𝘄𝗮𝗴𝗲 𝘀𝗲𝘁𝘁𝗹𝗲𝗺𝗲𝗻𝘁 Payment of wages within the prescribed timeline after exit must be system-driven, not manually followed up. * 𝗚𝗶𝗴 𝗮𝗻𝗱 𝗽𝗹𝗮𝘁𝗳𝗼𝗿𝗺 𝘄𝗼𝗿𝗸𝗲𝗿 𝗱𝗮𝘁𝗮 Aggregators must be ready for worker data and scheme-related compliance. 𝗪𝗵𝗲𝗿𝗲 𝗖𝗲𝗻𝘁𝗿𝗮𝗹 𝗥𝘂𝗹𝗲𝘀 𝗔𝗽𝗽𝗹𝘆 Key areas include: * 𝗢𝘃𝗲𝗿𝘁𝗶𝗺𝗲 𝗳𝗼𝗿 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 * 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗹𝗮𝗯𝗼𝘂𝗿 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 * 𝗖𝗿𝗲𝗰𝗵𝗲 𝗯𝗲𝗻𝗲𝗳𝗶𝘁 * 𝗛𝗲𝗮𝗹𝘁𝗵 𝗮𝗻𝗱 𝘀𝗮𝗳𝗲𝘁𝘆 * 𝗚𝗿𝗶𝗲𝘃𝗮𝗻𝗰𝗲 𝗿𝗲𝗱𝗿𝗲𝘀𝘀𝗮𝗹 𝗰𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 * 𝗦𝘁𝗮𝗻𝗱𝗶𝗻𝗴 𝗼𝗿𝗱𝗲𝗿𝘀 * 𝗝𝗼𝘂𝗿𝗻𝗲𝘆 𝗮𝗹𝗹𝗼𝘄𝗮𝗻𝗰𝗲 𝗳𝗼𝗿 𝗶𝗻𝘁𝗲𝗿-𝘀𝘁𝗮𝘁𝗲 𝗺𝗶𝗴𝗿𝗮𝗻𝘁 𝘄𝗼𝗿𝗸𝗲𝗿𝘀 * 𝗔𝗽𝗽𝗼𝗶𝗻𝘁𝗺𝗲𝗻𝘁 𝗹𝗲𝘁𝘁𝗲𝗿 𝗳𝗼𝗿 𝗻𝗲𝘄 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 * 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲 𝗻𝗼𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻𝘀 * 𝗦𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝘀, 𝗳𝗼𝗿𝗺𝘀 𝗮𝗻𝗱 𝗱𝗶𝘀𝗽𝗹𝗮𝘆𝘀 𝗪𝗵𝗮𝘁 𝗖𝗮𝗻 𝗪𝗮𝗶𝘁? This does not mean employers can ignore pending items. It means some compliances must be 𝗽𝗹𝗮𝗻𝗻𝗲𝗱 𝗻𝗼𝘄 and 𝗲𝘅𝗲𝗰𝘂𝘁𝗲𝗱 𝗮𝘀 𝗿𝘂𝗹𝗲𝘀, 𝗽𝗼𝗿𝘁𝗮𝗹𝘀 𝗼𝗿 𝘀𝗰𝗵𝗲𝗺𝗲𝘀 𝗮𝗿𝗲 𝗻𝗼𝘁𝗶𝗳𝗶𝗲𝗱. Examples: 📌 State-rule driven compliances where final State Rules are awaited 📌 Portal-based registrations and system roll-outs 📌 Contribution mechanism for gig workers under central schemes 📌 Transition activities linked with government timelines 𝗪𝗵𝗮𝘁 𝗦𝗵𝗼𝘂𝗹𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗗𝗼 𝗡𝗼𝘄? 📌 Review wage structure and statutory wage impact 📌 Update appointment letter and employee master formats 📌 Check gratuity and nomination records 📌 Map contract labour and migrant worker applicability 📌 Review creche, welfare, health and safety requirements 📌 Prepare registers, forms and workplace displays 📌 Track Central and State Rules separately 📌 Build an internal Labour Code implementation tracker 𝗢𝗻𝗲 𝗹𝗶𝗻𝗲 𝗳𝗼𝗿 𝗺𝗮𝗻𝗮𝗴𝗲𝗺𝗲𝗻𝘁: 𝗗𝗼 𝗻𝗼𝘁 𝘄𝗮𝗶𝘁 𝗳𝗼𝗿 𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝘁𝗼 𝘀𝘁𝗮𝗿𝘁 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗿𝗲𝗮𝗱𝗶𝗻𝗲𝘀𝘀.

🚨 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗟𝗮𝗯𝗼𝘂𝗿 𝗜𝘀 𝗡𝗼𝘁 𝗝𝘂𝘀𝘁 𝗔 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝗼𝗿’𝘀 𝗣𝗿𝗼𝗯𝗹𝗲𝗺 𝗔𝗻𝘆𝗺𝗼𝗿𝗲 Many establishments think: “𝗧𝗵𝗲 𝗰𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝗼𝗿 𝗽𝗮𝘆𝘀 𝘁𝗵𝗲 𝘄𝗮𝗴𝗲𝘀, 𝘀𝗼 𝘁𝗵𝗲 𝗿𝗶𝘀𝗸 𝗶𝘀 𝗵𝗶𝘀.” That assumption can become expensive. Under the 𝗢𝗦𝗛𝗪𝗖 𝗖𝗼𝗱𝗲, 𝟮𝟬𝟮𝟬, contract labour compliance is now a direct boardroom-level issue for principal employers. 𝗪𝗮𝗴𝗲𝘀 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆: As per 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟱𝟱, the contractor is primarily responsible for wage payment. But if the contractor defaults or short-pays, the 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿 must pay the unpaid balance to the contract labour and recover it from the contractor. So, wage compliance cannot be left only to vendor bills. 𝗖𝗼𝗿𝗲 𝗔𝗰𝘁𝗶𝘃𝗶𝘁𝘆 𝗥𝗶𝘀𝗸: 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟱𝟳 prohibits employment of contract labour in core activities. But there are limited exceptions: * Work ordinarily done through contractor * Work not requiring full-time workers * Sudden increase in work requiring time-bound completion This means every outsourcing decision needs a 𝗰𝗼𝗿𝗲 𝘃𝘀 𝘀𝘂𝗽𝗽𝗼𝗿𝘁 𝗮𝗰𝘁𝗶𝘃𝗶𝘁𝘆 analysis. 𝗥𝗲𝗰𝗲𝗻𝘁 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗜𝗻𝘀𝗶𝗴𝗵𝘁: In 𝗠/𝘀 𝗣𝗿𝗲𝗺𝗶𝘂𝗺 𝗧𝗿𝗮𝗻𝘀𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝗣𝘃𝘁. 𝗟𝘁𝗱. 𝘃. 𝗦𝘁𝗮𝘁𝗲 𝗼𝗳 𝗠𝗮𝗵𝗮𝗿𝗮𝘀𝗵𝘁𝗿𝗮, the Supreme Court reiterated an important principle: A genuine contract does not automatically make contract workers direct employees. But if the contract is only a 𝘀𝗵𝗮𝗺, 𝗻𝗼𝗺𝗶𝗻𝗮𝗹 𝗼𝗿 𝗰𝗮𝗺𝗼𝘂𝗳𝗹𝗮𝗴𝗲 arrangement to bypass labour laws, the workers may be treated as employees of the principal employer. 𝗪𝗵𝘆 𝗧𝗵𝗶𝘀 𝗠𝗮𝘁𝘁𝗲𝗿𝘀: Contract labour compliance is not limited to licence copies. It includes: 📌 Contractor licence verification 📌 Work-order intimation 📌 Wage-transfer proof 📌 Minimum wage compliance 📌 PF / ESI tracking 📌 Welfare facilities 📌 Grievance redressal access 📌 Core activity justification 📌 Proper contractor independence 𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Contract labour is no longer a “vendor management” subject. It is a 𝗹𝗲𝗴𝗮𝗹 𝗿𝗶𝘀𝗸, 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗿𝗶𝘀𝗸 𝗮𝗻𝗱 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝗹𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 issue. Employers should not ask only: “Do we have a contractor agreement?” They should ask: “Can we prove that the contract is genuine, compliant and legally sustainable?” 📞 𝗖𝗼𝗻𝘀𝘂𝗹𝘁 𝗟𝗟𝗥 𝗳𝗼𝗿 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀 𝗶𝗺𝗽𝗹𝗲𝗺𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻: hlkumarandassociates.com/h-r-consulting… 📘 𝗦𝘂𝗯𝘀𝗰𝗿𝗶𝗯𝗲 𝘁𝗼 𝗟𝗟𝗥 Print / Digital / eBook / Corporate Plans available. 📩 𝗘𝗺𝗮𝗶𝗹: mailto:info@labourlawreporter.com 📞 𝗖𝗮𝗹𝗹: +91 8468000000 | +91 9891114444 💳 𝗗𝗶𝗿𝗲𝗰𝘁 𝗦𝘂𝗯𝘀𝗰𝗿𝗶𝗽𝘁𝗶𝗼𝗻 / 𝗣𝗮𝘆𝗺𝗲𝗻𝘁 𝗟𝗶𝗻𝗸: labourlawreporter.com/payment-option… 🌐 𝗪𝗲𝗯𝘀𝗶𝘁𝗲: labourlawreporter.com 𝙎𝙪𝙗𝙨𝙘𝙧𝙞𝙗𝙚. 𝙎𝙩𝙖𝙮 𝙞𝙣𝙛𝙤𝙧𝙢𝙚𝙙. 𝙎𝙩𝙖𝙮 𝙘𝙤𝙢𝙥𝙡𝙞𝙖𝙣𝙩.

2026 LLR WEB 810 (PUNJAB AND HARYANA HIGH COURT) Employer who delays acceptance of resignation cannot deny salary for the period resignation remained pending. SEXUAL HARASSMENT AT WORKPLACE Resignation Acceptance of resignation Delayed acceptance Employer-employee relationship Salary during interregnum Doctrine of approbate and reprobate Sexual harassment at workplace Writ jurisdiction Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The petitioner, a TGT with Navodaya Vidyalaya Samiti, tendered resignation on 14.02.2024 citing hostile work environment and sexual harassment;... subscribe to read more.....

What everybody must know about the engagement of fixed term employees

A hospital cannot stop doctor from working for another hospital after resignation. MIOT Hospitals Pvt. Ltd. v. Dr. Balaraman Palaniappan, 2026 LLR 420 (Mad. HC).

Government's interim arrangement of the courts under old laws to continue having jurisdiction is legal. M.K. Suresh Kumar, NM and Anr. v. The Union of India and Others, 2026 LLR 385 (Ker. HC).

Under the IR Code, Managements are duty-bound to recognise Trade Unions for negotiation purposes. Tamilnadu Nugrporul Vaniba Kazhaga Anna Thozhir Sangam v. The Managing Director, Tamil Nadu Civil Supplies Corporation and Ors., 2026 LLR 272 (Mad. HC)

🚨 𝗠𝗮𝘁𝗲𝗿𝗻𝗶𝘁𝘆 𝗕𝗲𝗻𝗲𝗳𝗶𝘁 𝗠𝗮𝘆 𝗕𝗲 𝗖𝗮𝗹𝗰𝘂𝗹𝗮𝘁𝗲𝗱 𝗗𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁𝗹𝘆 𝗨𝗻𝗱𝗲𝗿 𝗧𝗵𝗲 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀 Most employers assume maternity benefit is simply based on the employee’s usual salary. But under the 𝗖𝗼𝗱𝗲 𝗼𝗻 𝗦𝗼𝗰𝗶𝗮𝗹 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆, 𝟮𝟬𝟮𝟬, the definition of 𝗪𝗮𝗴𝗲𝘀 can change the calculation. 𝗘𝗮𝗿𝗹𝗶𝗲𝗿 𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻: Under the 𝗠𝗮𝘁𝗲𝗿𝗻𝗶𝘁𝘆 𝗕𝗲𝗻𝗲𝗳𝗶𝘁 𝗔𝗰𝘁, 𝟭𝟵𝟲𝟭, wages had a broader meaning. It included: * Cash allowances including 𝗗𝗔 𝗮𝗻𝗱 𝗛𝗥𝗔 * Incentive bonus * Money value of concessional foodgrains and other articles In 𝗕. 𝗦𝗵𝗮𝗵 𝘃. 𝗣𝗿𝗲𝘀𝗶𝗱𝗶𝗻𝗴 𝗢𝗳𝗳𝗶𝗰𝗲𝗿, 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝘂𝗿𝘁, the Supreme Court took a beneficial view and held that a woman should receive the equivalent of 𝟭𝟬𝟬% 𝗼𝗳 𝘁𝗵𝗲 𝘄𝗮𝗴𝗲𝘀 previously earned. 𝗡𝗲𝘄 𝗖𝗼𝗱𝗲 𝗣𝗼𝘀𝗶𝘁𝗶𝗼𝗻: The Labour Codes adopt a uniform definition of wages. Normally included: * 𝗕𝗮𝘀𝗶𝗰 𝗣𝗮𝘆 * 𝗗𝗲𝗮𝗿𝗻𝗲𝘀𝘀 𝗔𝗹𝗹𝗼𝘄𝗮𝗻𝗰𝗲 * 𝗥𝗲𝘁𝗮𝗶𝗻𝗶𝗻𝗴 𝗔𝗹𝗹𝗼𝘄𝗮𝗻𝗰𝗲, if any Normally excluded: * HRA * Bonus / incentives * PF / pension contribution * Conveyance / travel concession * Reimbursements * Variable pay / ESOPs 𝗪𝗵𝘆 𝗧𝗵𝗶𝘀 𝗠𝗮𝘁𝘁𝗲𝗿𝘀: Maternity benefit is calculated on 𝗮𝘃𝗲𝗿𝗮𝗴𝗲 𝗱𝗮𝗶𝗹𝘆 𝘄𝗮𝗴𝗲𝘀 for the 𝟯 𝗰𝗮𝗹𝗲𝗻𝗱𝗮𝗿 𝗺𝗼𝗻𝘁𝗵𝘀 before maternity leave begins. If the wage base becomes narrower, the benefit amount may also reduce in some cases. However, the 𝟱𝟬% 𝗮𝗱𝗱-𝗯𝗮𝗰𝗸 𝗿𝘂𝗹𝗲 can change the result where excluded components exceed 50% of total remuneration. 𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Maternity benefit is not just an HR leave calculation. It is now a 𝘄𝗮𝗴𝗲 𝗱𝗲𝗳𝗶𝗻𝗶𝘁𝗶𝗼𝗻, 𝘀𝗮𝗹𝗮𝗿𝘆 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲 𝗮𝗻𝗱 𝗹𝗲𝗴𝗮𝗹 𝗶𝗻𝘁𝗲𝗿𝗽𝗿𝗲𝘁𝗮𝘁𝗶𝗼𝗻 issue. 𝗪𝗵𝗮𝘁 𝗦𝗵𝗼𝘂𝗹𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗗𝗼? 📌 Review salary structures 📌 Recheck maternity benefit computation 📌 Track implementation notifications 📌 Document wage inclusion / exclusion logic 📌 Remember that maternity law is beneficial legislation Follow 𝗟𝗮𝗯𝗼𝘂𝗿 𝗟𝗮𝘄 𝗥𝗲𝗽𝗼𝗿𝘁𝗲𝗿 for more legal insights and updates.