is Advocate, Bhasin & Bhasin Associates, Noida
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.
The Code, thus, seeks to expand the coverage of "social security" by including even "gig workers" and "platform workers", apart from extending the same to "unorganised workers" and "employees".
Rules are yet to be made under the Industrial Relations Code, 2020 ("the IR Code"). As per media reports, the draft rules would be notified and possibly, the Code along with other codes would come into effect from 1st April, 2021.
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