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.