New Labour Law in Maharashtra 2020 in Marathi
Trade unions are governed by the Trade Union Act 1926 (TU Act). The Trade Union Act defines the mechanism for registering trade unions, but does not impose any registration requirements. Some state-specific laws, such as the Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971 (Maharashtra Trade Union Act), provide that a trade union with at least 30% of the total number of employees employed in an enterprise may apply to an employment tribunal for recognition. Once the union is recognized, an employer`s refusal to bargain collectively in good faith is considered an unfair labour practice. Indian labour law does not provide for the automatic transfer of employees as part of a business sale without the consent of the employees. In a stock sale scenario, the acquisition of shares by a buyer does not result in a change of employer and only the ownership model of the company changes. Therefore, in the current scenario, there will be no requirement for employee consent. A worker may bring a dispute directly before an arbitrator in the event of dismissal, termination, reduction or any form of separation from service. All other “disputes” (as mentioned in the Second Schedule of the Identity Act) and “conflicts of interest” (as referred to in the Third Schedule of the Identity Rights Act) may be brought by the union or management before the Labour Court(s). The Identity Act also provides for the settlement of disputes and the voluntary referral of disputes to arbitration (subject to the consent of employers and employees) before the labour courts are seized.
Workers do not have to pay a fee to the authorities to file a complaint (except in arbitration). Specific laws are also enacted for the recognition and protection of certain specific types of workers, such as temporary agency workers and fixed-term workers. Collective agreements are a predominant feature of the manufacturing sector and the result of a charter of demands and several rounds of negotiations between an employer and union members. Collective agreements can only create better conditions of employment (such as remuneration (including bonuses and annual bonuses), entitlement to leave, etc.) than those prescribed by various labour laws. In India, collective bargaining can take place at enterprise, industry, state and/or central level, depending on the number of unionized workers and the demands of these unions. Discrimination in remuneration on the basis of sex (whether at the time of recruitment or during employment) is prohibited by the Equal Pay Act 1976. In addition, the Disability Rights Act 2016 (Disability Act) prohibits discrimination on the basis of disability and the Maternity Benefits Act prohibits discrimination on the basis of maternity status. The Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act 2017 prohibits discrimination against people living with HIV and AIDS and also prohibits requiring HIV testing as a prerequisite for obtaining employment. The Transgender Persons (Protection of Rights) Act 2019 prohibits discrimination against a transgender person that results in unfair treatment during employment or refusal or dismissal. The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Remedy) Act 2013 (PoSH Act) prohibits sexual harassment of women in the workplace. 3.5 How do employees enforce their rights to discrimination? Can employers settle claims before or after the commencement of proceedings? As mentioned in question 5.1, in the event of a sale of assets/companies, workers` rights (such as the right to compensation for reductions and bonuses based on continuous service) remain unchanged, including special rights granted to them under a collective agreement.
8.4 Do Employers have the right to monitor emails, telephone conversations or use of an Employer`s computer system? Under the proposed amendment to the Maharashtra Shops and Establishments (Employment Regulation and Conditions of Service) Act 2017, any establishment, even if it has fewer than 10 employees, must display its name plates in Marathi. In India, there is no law relating to employer law or legal requirement that deals with the pre-screening of potential employees prior to hiring. However, it is common for employers to conduct background checks on educational documents, previous experience letters, previous employers, and criminal records. Here is an overview of the different holiday rules under the Maharashtra Shops and Establishments Act. 6.1 Do employees have to be informed of the end of their employment relationship? How is the notice period determined? An employer with more than 100 workers must obtain prior approval from the competent government for the dismissal of workers. In addition, workers are entitled to three months` notice (or salary instead of the notice period) and severance pay. In addition, the employer is generally obliged to dismiss the worker who was last employed in a particular category. 8.3 Do employers have the right to conduct recruitment checks on potential employees (for example, criminal record checks)? The Constitution of India prohibits discrimination against citizens on certain grounds such as religion and sex. To promote these objectives, several laws prohibit discrimination against protected groups such as persons with disabilities or an HIV-positive person in employment.