Labour & Employment

Background and Overview The Ministry of Women and Child Development, Government of India, has notified the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Rules, 2026, through Gazette Notification No. G.S.R. 120(E) dated February 10, 2026, with effect from February 20, 2026. This historic amendment extends the protection of the POSH framework to men and transgender employees for the first time, marking a fundamental shift in India's a

Introduction Restrictive covenants in employment contracts, including non-compete clauses, non-solicitation obligations, confidentiality undertakings, and garden leave provisions, are among the most litigated areas of Indian employment law. The primary challenge for employers is Section 27 of the Indian Contract Act, 1872, which declares that "every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent vo

The Supreme Court of India has clarified that the "washed-off theory," which treats adverse entries in an employee's record as wiped clean after a subsequent promotion, does not apply when the competent authority assesses an employee's fitness for continued retention in service under Fundamental Rules 56(j). In Sushil Sharma v. Union of India and Others (2026 INSC 809), decided on August 6, 2026, a Bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar upheld

The Payment of Bonus Act, 1965 is a key labour legislation in India that mandates employers to share a portion of their profits or productivity gains with eligible employees in the form of an annual bonus. Whether you work in a factory or a commercial establishment, understanding your bonus entitlement is essential for ensuring you receive the statutory compensation owed to you. This guide explains the eligibility criteria, calculation formula, step-by-step process for claimi

The Supreme Court of India, on August 6, 2026, ruled that judicial officers are not government servants and constitute a distinct and separate class under the constitutional framework. In a significant order addressing the long-standing debate over the retirement age of district judiciary judges, the Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana rejected objections raised by several State governments that opposed enhancing t

The Supreme Court on August 6, 2026, held that the "washed-off theory," which wipes out adverse entries from a government employee's record upon promotion, has no application when the competent authority is assessing the employee's suitability for continued retention in service. In a significant ruling for public sector employers, the Court upheld the compulsory retirement of a former CISF (Central Industrial Security Force) personnel, reaffirming the employer's right to cons

The Madurai Bench of the Madras High Court on July 27, 2026, struck down the Tamil Nadu government's order granting compassionate appointments to the families of those killed in the Karur stampede tragedy. A Division Bench comprising Justice CV Karthikeyan and Justice R Sakthivel held that the appointments were in direct violation of Articles 14 and 16 of the Constitution, which guarantee equality before the law and equal opportunity in public employment. The bench ruled that

Central government employees in India have the option of seeking voluntary retirement before reaching the age of superannuation. The Central Civil Services (Pension) Rules provide two distinct pathways for voluntary retirement: Rule 48, which applies to employees who have completed 30 years of qualifying service, and Rule 48A, which applies to employees who have completed 20 years of qualifying service. Each pathway has different eligibility criteria, approval requirements, a

Gratuity is a statutory benefit payable by an employer to an employee as a reward for long service. Under the Payment of Gratuity Act, 1972, employees who have completed at least five years of continuous service are entitled to receive gratuity upon resignation, retirement, death, or disablement. Despite this clear legal entitlement, many employees face difficulties collecting their gratuity due to employer delays or outright refusal. This guide explains the process of claimi

The Karnataka High Court has issued notice on a petition filed by Uber India Systems Private Limited challenging the constitutional validity of the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Act, 2025. Justice Suraj Govindaraj, hearing the matter on July 28, 2026, extended to Uber the benefit of an interim arrangement made earlier by a coordinate bench: platform aggregators were directed to deposit the welfare fee with the Court Registry and were grant

On November 21, 2025, India took a landmark step in labour law reform by bringing into force four consolidated Labour Codes, replacing 29 legacy enactments that had governed employment relationships for decades. Whether you are an employer restructuring payroll or an employee evaluating your new entitlements, these changes affect virtually every workplace in the country. This guide breaks down the four codes, highlights the provisions with the greatest practical impact, and o

In Rahul s/o Ramnarayan Madankar & Anr. v. New India Assurance Company Limited & Ors. (2026 LiveLaw (SC) 693 / 2026 INSC 710), the Supreme Court directed a public sector insurance company to grant compassionate appointment to the son of an employee who was certified as permanently incapacitated. A bench of Justice Sanjay Karol and Justice N. Kotiswar Singh, in a judgment delivered on July 16, 2026, held that an employer cannot sit on a time-sensitive application, allow the el

The Apprentices Act, 1961 is a central legislation designed to promote on-the-job training by requiring eligible establishments to engage apprentices in designated and optional trades. For employers across manufacturing, services, and other sectors, registering as an apprenticeship establishment is not merely a compliance formality; it is a structured pathway to developing a skilled workforce while fulfilling a legal obligation. This guide explains who must register, the step

Operating a factory in India without proper registration and a licence is a criminal offence punishable with a fine of up to Rs 1 lakh, imprisonment of up to two years, or both under Section 92 of the Factories Act, 1948. The registration and licensing process is governed by Section 6 and Section 7 of the Act, and every occupier of premises that qualifies as a "factory" must comply before commencing manufacturing operations. This guide explains who must register, the step-by-

In a ruling that underscores the importance of protecting long-serving workers, the Orissa High Court has ordered the State Bank of India (SBI) to pay Rs 20 lakh each to two sweepers who were wrongfully terminated after nearly three decades of service. The division bench of Justices Krishna S Dixit and Chittaranjan Dash noted that the workers had given their "sweat and blood" to the institution and observed that in the current era of artificial intelligence, they are unlikely