Labour Law

Navigating the complexities of labour law requires a keen understanding of both legal principles and the intricacies of the workplace.

Origin Legal Works offers comprehensive legal services related to labour and employment laws, helping businesses and employees ensure compliance and resolve disputes. Whether you need advice on statutory requirements, assistance drafting employment contracts, or representation in labour Court, our experienced legal team is here to support you.

We handle cases including but not limited to wrongful termination, wage claims, workplace discrimination with the goal of protecting your rights and fostering fair employment practices.

Frequently Asked Questions

The significant labour laws include the Industrial Disputes Act, 1947, the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, and the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, among others.

The Act provides rights to employees related to dispute resolution, protection from unfair dismissal, and the ability to participate in strikes.

Minimum wages are the least amount an employer is legally required to pay an employee. It is determined by state & central governments based on different sectors and employment categories. The minimum wage is determined by factors such as the cost of living, skill level required and prevailing wage rates in the industry.

Termination can only happen according to the terms of the employment contract and applicable laws, ensuring that due process is followed, such as issuing a notice period or payment in lieu of notice.

Gratuity is a financial benefit given to an employee at the end of their service. It is applicable when an employee completes five years of continuous service under the Payment of Gratuity Act, 1972.

The Factories Act, 1948, mandates that employees should not work more than 48 hours a week, and the daily working hours should not exceed 9 hours.

Grievances can be addressed through grievance redressal mechanisms such as complaints to labour unions, labour courts, or conciliation officers.

EPF is a savings scheme for employees under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 where both employer and employee contribute to a fund that can be withdrawn after retirement.

Employees can file a complaint with the Internal Complaints Committee (ICC) formed under the Sexual Harassment of Women at Workplace Act, 2013.

Yes, an employee can be dismissed for serious misconduct.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, mandates that every employer to establish a redressal mechanism for complaints of sexual harassment.

Labour courts adjudicate industrial disputes, including disputes related to employment conditions, wages, dismissal, retrenchment, and unfair labour practices

Retrenchment refers to the termination of an employee due to reasons other than misconduct. It must comply with the conditions set under the Industrial Disputes Act, 1947, including notice and severance pay.

Yes, under the Factories Act, 1948, and the Shops and Establishments Acts, employees are entitled to overtime pay, usually at double the normal wage, for working beyond the prescribed hours.

A labour complaint can be filed with the appropriate labour commissioner or labour court, depending on the nature of the grievance, such as unpaid wages or unfair dismissal.

The Child Labour (Prohibition and Regulation) Act, 1986, prohibits the employment of children under 14 years of age in hazardous industries, and there are strict regulations for their employment in other sectors.

If an employee doesn’t serve their notice period, they may be required to compensate the employer financially, as outlined in the employment contract. The employer can also withhold benefits like full-and-final settlement or experience letters.

The employee can file a complaint under the Payment of Wages Act, 1936, with the labour commissioner or labour court.

No, under the Industrial Disputes Act, 1947, employers must provide compensation in case of layoffs or retrenchment.

Part-time workers are entitled to proportionate benefits like wages, but not all benefits (such as gratuity) apply unless specified in the employment contract or law.

Unions can negotiate through collective bargaining, and in case of disputes, approach labour courts or participate in legal strikes under the Industrial Disputes Act, 1947.

Employees can report the non-compliance to the Employees’ Provident Fund Organization (EPFO), which may impose penalties on the employer.

Yes, if the termination is deemed unfair, the employee can file a case under the Industrial Disputes Act, 1947, or seek relief from the labour court.

Yes, employees are entitled to all benefits, including paid leave of upto 26 weeks and a medical bonus as per the Maternity Benefit Act, 1961.

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