Brainstorming meeting to discuss the whitepaper on Labour Law Reforms

On 21 January, 2015

Forum: Taxation & Corporate Law Forum

Shri Ashit Sinha, Vice President VIA chaired the meeting. Shri Rohit Agrawal informed the members about meeting called for discussion on (1) studying the recommendations on Labour Law Reforms prepared by the Confederation of Indian Industry and FICCI. (2) Studying the Indian Labour Code. Detailed discussions were held on (1) Facing multiple ‘inspections‘ under different Acts; (2) Section 66 of The Factories Act, 1948 does not permit women workers to work between 7.00 p.m. and 6.00 a.m., (3) Section 51, 54, 64 & 65 are very restrictive, in the current business scenario, overtime work is unavoidable and requires extra hours of work, more than the current permissible limit. (4) Under Industrial Disputes Act, 1947 Prior Approval for Retrenchment/lay-off/closure (Section 25 K, M, N, O), (5) Restriction on engaging Contract Labour (Flexibility), (6) Prior notice of 21 days for change in work condition / environment (Section 9A, Item 10 & 11 of fourth schedule), (7) Sec 22 of the Industrial Disputes Act makes the service of prior notice mandatory for a strike / lockout, (8) Political affiliation of Trade Unions and outsiders being office bearers of the unions, (9) De-Registration of Trade Union, etc. Shri Arvind Jain, Shri Pradeep Raut from KEC International, Shri Dhawal Kawade from DV Kawade & Associates Nagpur, Shri Gaurav Sarda, Jt Secretary, Shri Vishal Agrawal and Shri Akash Agrawal were participated in the discussion. Shri Arvind Jain suggested that he would hold presentation of one and half hours on Contract Labour as well as the Case Study of Supreme Court, during his tenure in M/s Indo Rama, there were more than 40 cases handled by him and Court’s Judgment. As decided in the meeting Shri Ashit Sinha informed that Shri Arvind Jain should be the Chairman of the Labour Law Reforms Committee, Adv Dhawal Kawade and Shri Pradeep Raut also assisting him.

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