Yes, under the Companies (Accounts) Second Amendment Rules, 2025 (effective 14 July 2025), it is mandatory for the Board’s Report to disclose sexual harassment complaint data and confirm maternity benefit Compliance.
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No, women engaged purely as consultants (independent contractors) are generally not eligible for maternity benefits under the Maternity Benefit Act, 1961, as the Act applies to women employed under a contract of employment for wages. Eligibility depends on whether the engagement is truly that of an employee, not just the title.
No. Payment of ESI by the principal employer (due to contractor default) does not create an employer-employee relationship under CLRA 1970.
No, gratuity payable under the Payment of Gratuity Act, 1972 cannot be attached by any civil, criminal, or revenue court. It is fully protected under Section 13 of the Act.
Yes, under Section 7(2) of the Payment of Gratuity Act, 1972, the employer must determine and notify the gratuity amount even if the employee has not applied for it.
Yes, watchmen or security personnel (watch-and-ward staff) are considered “workers” under the Factories Act, 1948 if their duties are incidental to or connected with the manufacturing process, as per Section 2(l).
Yes, termination without a domestic inquiry, even in cases of alleged abandonment, can violate the principles of natural justice. The employer must give the workman an opportunity to explain their absence through a proper inquiry process before concluding abandonment.
Yes, termination without a domestic inquiry, even in cases of abandonment, can violate the principle of audi alteram partem, as it denies the employee a fair chance to be heard.
Yes, under the Factories Act, 1948, accidents causing permanent loss of limb, sight, hearing, or bone fractures (excluding single finger/toe fractures) are clearly defined as “Serious Bodily Injury” in the explanation to Section 92.
Under the Karnataka Payment of Subsistence Allowance Act, 1988, a worker must file a complaint within one year. A complaint filed after four years is normally time-barred. However, the government can still accept it if the worker gives a good reason for the delay.
Under Indian labour laws, these demands are not automatically legally enforceable but may be negotiated through collective bargaining. There’s no statutory mandate requiring employers to count travel time as paid working hours or to extend transport to the worker’s doorstep, unless specific contractual terms, industry practices, or government notifications apply.
Yes, she is eligible for maternity benefits if she has worked for at least 80 days in the 12 months immediately preceding the expected date of delivery, as per the Maternity Benefit Act, 1961. Since she has worked 9 months continuously under the same principal employer (through different contractors), she meets the eligibility criteria.
No, she is not eligible. Under the Payment of Gratuity Act, 1972, apprenticeship under the Apprentices Act, 1961 is not counted as "continuous service" for gratuity. Only the 4 years as a regular employee count, which is less than the required 5 years.
As per the Apprentices Act, 1961, an employer is not legally bound to offer employment to an apprentice after the completion of training, unless there is a contract or agreement stating otherwise.
Yes, the employee is eligible for gratuity during the two years abroad. Since they remained on the company’s payroll (muster roll) and their job continued, this period counts as continuous service under the Payment of Gratuity Act, 1972. So, the time spent on deputation outside India is included when calculating gratuity.
Yes, a Managing Director earning ₹20 lakh per month is eligible for gratuity under the Payment of Gratuity Act, 1972, provided they meet the conditions of continuous service and are not otherwise excluded by specific government service rules. High salary does not disqualify eligibility, only the maximum gratuity payable is capped by law.
Yes, maternity leave should be counted as part of the bond period, unless the bond specifically excludes it. The Maternity Benefit Act, 1961, protects the employment rights of women, and time spent on legally approved leave is generally considered part of continuous service.
No, a Show-Cause Notice and a Charge Sheet are not the same in disciplinary proceedings. A Show-Cause Notice is a preliminary communication that asks the employee to explain their conduct before any formal action is taken. In contrast, a Charge Sheet is a formal document that lists specific charges of misconduct and marks the beginning of the official disciplinary process.
Yes, combining a Show-Cause Notice and Charge Sheet is legally and procedurally possible, provided that the combined document: Clearly outlines the charges, provides a chance to respond and follows up with a fair and impartial domestic inquiry.
No, the Employment Linked Incentive Scheme is not for all first-time employees, it only applies to those entering formal employment for the first time and registering under EPFO, with EPFO wages up to ₹1 lakh/month.
Manufacturing sector employers receive incentives for up to 4 years, while others get them for 2 years under Part B of the ELI Scheme.
Payments to first-time employees under Part A are made through Direct Benefit Transfer (DBT) using the Aadhaar Bridge Payment System (ABPS).
A domestic enquiry requires a charge sheet, as it formally states the allegations and ensures the employee can defend themselves. Unlike a show cause notice, the charge sheet is mandatory to uphold fairness and natural justice.
No, a Show Cause Notice (SCN) is not rendered otiose when combined with a Charge Sheet, provided the combined document clearly states the allegations, seeks an explanation, offers adequate time to respond, and upholds principles of natural justice. What matters is procedural fairness, not the separation of documents.
Does the Inquiry Officer conduct a domestic/departmental enquiry in a quasi-judicial manner?1/29/2026 
The Inquiry Officer conducts the domestic/departmental enquiry in a quasi-judicial manner, following principles of natural justice and procedural fairness.
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