Key Labour Law Insights
Tamil Nadu (Madras)
- If an employer invests in training an employee, the employee can be required to serve for a minimum period afterward. This is considered fair and not against public policy.
- Employers have the authority to assign tasks; employees cannot decide the nature of work themselves.
- Reinstatement of a workman at the age of 70 is possible when no age of retirement is prescribed.
- An injunction cannot stop an ex-employee from working elsewhere unless it unfairly restricts their right to employment.
- Delinquent employees do not have the right to engage legal counsel in departmental enquiries unless specifically allowed.
- A civil suit against a trade union is not maintainable.
Delhi
- An employee provided accommodation by the employer is treated as a licensee, not a tenant.
- Bank employees must maintain absolute integrity and honesty in their work.
- An employee cannot continue to occupy employer’s accommodation after termination of service.
- A female contractual employee working more than 80 days is entitled to maternity benefits.
- Failure of agitating workers to give an undertaking for good behaviour does not amount to a lock-out by the employer.
- Internal Committees under the Sexual Harassment Act can enforce attendance.
- Employees have the fundamental right to change jobs freely.
- An employee cannot prescribe work for themselves; it is the employer’s prerogative.
Madhya Pradesh
- Dishonest employees cannot be allowed to continue in service.
Maharashtra
- Changing the prices of canteen items by the employer does not amount to a change in service conditions.
- Settlements that are less favourable to employees cannot override certified standing orders.
Karnataka
- Employee transfers require either consent or a contractual clause allowing it.
- Directors do not automatically qualify as ‘employers’ under the EPF Act.
- Disciplinary authorities are not bound by criminal court decisions when deciding internal matters.
Odisha
- Employment cards cannot be used to assume additional terms of employment beyond identity purposes.
- Forgery of gate passes is a serious misconduct warranting major punishment.
West Bengal (Calcutta)
- Employees cannot be retired at 58 unless it is explicitly mentioned in the service rules.
- If an employer shifts operations, employees cannot object as long as service conditions remain unchanged.
Chhattisgarh
- Two units can be clubbed under the EPF Act if they are interdependent.
- A person can be tried under both the Factories Act and the Indian Penal Code for the same offence.
Uttar Pradesh (Allahabad)
- When both husband and wife are employed and entitled to House Rent Allowance, only one can claim it.
- Ex-gratia payments are discretionary and cannot be claimed as a matter of right.
Gujarat
- Non-renewal of a contract after long service does not apply as a rule in cases where an employee has worked continuously for many years.
Punjab & Haryana
- Industrial law does not support retaining workers temporarily until regular appointments are made.
Kerala
- If an employer defaults on even a single EPF installment, the authority can recover the entire amount.
