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A press release issued the PIB stated that the G20 Labour and Employment Ministers’ (LEMM) assembled in Fortaleza, Brazil have approved the Labour and Employment Ministerial declaration on 26th July, 2024. The final text was approved after the conclusion of the two-day long Labour & Employment Ministers´ meeting (LEMM) on 25-26 July, under the Presidency of Brazil.

Copy of Press Release attached.

The Govt of Maharashtra has notified Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2024 for incorporating details of the Establishment Insurance Certificate in Forms A,D F & R of the Rules.

Copy of notification attached.

The court emphasized that negligence in safety measures directly contributing to a fatal accident can constitute a criminal offense under Section 304-A IPC. The court found that the lack of warning signs was a significant breach of duty, and Agrawal, as a partner and responsible party, failed to ensure these precautions, directly leading to Charan Singh’s death.

Copy of judgement attached.

The Bombay High Court, while deciding a question of law as to whether a Director, who is also the occupier, would be personally liable to pay the ESI Dues of the Company, has held as follows:

(a) The liability to pay ESI dues is of the company and in the event of there being an occupier who has ultimate control over the affairs of the factory, he is liable to meet the demand. However, the liability of the occupier is not personal.

(b) If the dues of ESIC are of the company the same can be recovered from the company or from the assets of the company

Copy of judgment attached.

A Division Bench of the Bombay High Court, while dealing with an issue as to whether a mere delay in raising a dispute would be fatal to an order of reference, has held that the object of the Act of 1947 is of ensuring justice for both employers and employees, and advancing industrial progress. It is a legislation that provides and regulates the service conditions of the workers. The provisions of the Act and the fact situation will have to be interpreted in a manner that advances the object of the legislature which is the settlement of industrial disputes.

Copy of judgment attached

Jharkhand publishes Draft Bill on Jharkhand Platform Based Gig Workers (Registration and Welfare) Act, 2024 inviting suggestions from stakeholders.

Copy of judgement attached

Supreme Court asks Union Govt. to consult all stakeholders on model Menstrual Leave Policy.

Judgement attached.

Copy of judgement attached

The Delhi HC has held that such clauses in employment contracts may in fact be necessary for the health of the employer institution as it provides the required stability and strength to the employer institution and its framework. Lock-in periods in employment contracts are especially prevalent at the executive levels in the trade and industry and are considered necessary for the purpose of stability and continuance of the employer organization. It also reduces the employee attrition levels.

Copy of judgement attached

The J & K High Court has held that where a principal employer engaged a Contractor for execution of some works, he is liable to compensate to any employee engaged by the Contractor for doing his work.

Copy of judgement attached.