is Advocate, Bhasin & Bhasin Associates, Noida
The Court held that maternity benefits are constitutionally protected under Article 21 (Right to Life and Personal Liberty), observing: “Life under Article 21 means life in its fullest sense; all that which makes life more meaningful, worth living like a human being.” The Court also referenced...
Labour Law
Navigating the Digital Personal Data Protection Act, 2023: An Overview for Indian Employers
Indian employers at present to continue to comply with the SPDI regime while preparing for a transition to the DPDP framework. By implementing clear internal policies, ensuring lawful processing, enabling employee rights, and building strong governance systems, employers can foster a culture of...
While the PoSH Act provides critical protection against gender-based "sexual harassment" at the workplace to an "aggrieved woman," it should not be extended to include alleged harassing conduct that is devoid of any sexual connotation.
In a statutorily grounded and factually driven ruling, the Madhya Pradesh High Court in Shankarlal Namdeo v. State of Madhya Pradesh & Others (W.P. No. 17827 of 2024) set aside a transfer order issued under the guise of Section 12 of the Sexual Harassment of Women at Workplace (Prevention...
#LABOUR LAW
Exclusive Jurisdiction Clauses in Employment Contracts Get Supreme Court’s Seal of Approval
Introduction In a landmark judgment that could significantly influence employer employee litigation in India, the Supreme Court in Rakesh Kumar Verma v. HDFC Bank Ltd. (2025 INSC 473) has upheld the enforce ability of exclusive jurisdiction clauses in private employment contracts. Delivered on...
A recent judgment of the Madras High Court has emphasised on a nuanced approach to fairness, appreciation of evidence, and procedural justice in sexual harassment inquiries.
The law must take care to protect women of differing perceptions and comfort levels. At the same time, the reaction of the complainant cannot be entirely unreasonable. A "calibrated balance" would have to be struck between rights of a victim of sexual harassment and those of the delinquent employee.
Any inquiry into a complaint of sexual harassment at the workplace must be in accordance with the relevant rules and in line with the principles of natural justice, the Supreme Court has clearly stated.
The employer must also carry out orientation programmes and seminars for the members of the Internal Committee, carry out employees' awareness programmes, conduct capacity building and skill building programmes for the members of the Internal Committee, and declare the names and contact details of...
Apart from having effective workplace policies and well-functioning complaint mechanisms, organisations must also focus on effective communication and dissemination of such workplace policies.
