Labour, Employment & Service Matters
General information on labour and employment law, employment disputes, termination, wages, industrial disputes, disciplinary proceedings, public employment, service matters, CAT and related proceedings in India.
Quick Navigation – 12 Sections
- 1Labour & Employment Law Framework in India
- 2Employment Contracts, Terms & Conditions of Employment
- 3Termination, Dismissal, Retrenchment & Employment Disputes
- 4Disciplinary Proceedings & Workplace Misconduct
- 5Wages, Salary, Benefits & Employment Dues
- 6Industrial Disputes & Labour Tribunal Proceedings
- 7Worker & Employee Status, Classification and Employment Relationship
- 8Workplace Rights, Grievances & Conditions of Employment
- 9Public Employment & Government Service Matters
- 10Central Administrative Tribunal (CAT) & Service Proceedings
- 11Employment Mediation & Alternative Dispute Resolution
- 12High Court & Supreme Court Labour and Service Proceedings
1
Labour & Employment Law Framework in India
Overview of labour and employment law in India, including the four Labour Codes, key definitions, coverage, relationship between different labour and service laws, and the purpose of the legal framework.
The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020 consolidate many earlier central labour laws, alongside state laws and service rules.
Key topics covered
- Evolution and structure of labour and employment law
- The four Labour Codes and their scope
- Employers, workers and employees
- Relationship between labour and service laws
- Relevance of older laws and judgments
See also: Corporate & Commercial Law.
2
Employment Contracts, Terms & Conditions of Employment
Appointment terms, contracts of employment and service conditions.
Terms of employment come from the contract, standing orders or service rules, and the applicable labour legislation.
See also: Corporate & Commercial Law.
3
Termination, Dismissal, Retrenchment & Employment Disputes
Termination, dismissal, retrenchment, closure and related disputes.
Retrenchment, lay-off and closure are regulated by the Industrial Relations Code, 2020 (earlier the Industrial Disputes Act, 1947), including notice and compensation requirements where applicable.
See also: Civil Litigation & Court Proceedings; Constitutional, Writ & Administrative Law.
4
Disciplinary Proceedings & Workplace Misconduct
Domestic enquiries, charge-sheets and disciplinary action.
Disciplinary action generally requires compliance with the applicable standing orders or service rules and the principles of natural justice.
See also: Constitutional, Writ & Administrative Law.
5
Wages, Salary, Benefits & Employment Dues
Wages, salary, gratuity, provident fund and other employment dues.
Payment of wages, bonus, gratuity and social security contributions is governed by the Code on Wages, 2019 and the Code on Social Security, 2020. Dues may also arise in insolvency proceedings against an employer.
See also: Civil Litigation & Court Proceedings; NCLT, NCLAT, IBC & Insolvency.
6
Industrial Disputes & Labour Tribunal Proceedings
Industrial disputes and proceedings before labour authorities and tribunals.
Industrial disputes may be taken up through conciliation and adjudication before Industrial Tribunals constituted under the Industrial Relations Code, 2020.
See also: Civil Litigation & Court Proceedings.
7
Worker & Employee Status, Classification and Employment Relationship
Worker, employee and managerial status and the employment relationship.
Whether a person is a 'worker' or an 'employee' under a particular law affects the remedies available, and depends on the nature of the duties actually performed.
See also: Corporate & Commercial Law.
8
Workplace Rights, Grievances & Conditions of Employment
Workplace rights, grievance redressal and working conditions.
Laws on occupational safety, working conditions and the prevention of sexual harassment at the workplace (the POSH Act, 2013) create workplace obligations and grievance mechanisms.
See also: Corporate & Commercial Law.
9
Public Employment & Government Service Matters
Service matters of government and public sector employees.
Service conditions of government employees are governed by constitutional provisions, including Articles 309 to 311, and the applicable service rules.
See also: Constitutional, Writ & Administrative Law.
10
Central Administrative Tribunal (CAT) & Service Proceedings
Service matters before the Central Administrative Tribunal.
The Central Administrative Tribunal hears service matters of Central Government employees under the Administrative Tribunals Act, 1985, and its orders may be examined by the High Court.
See also: Constitutional, Writ & Administrative Law.
11
Employment Mediation & Alternative Dispute Resolution
Conciliation, mediation and settlement of employment disputes.
Conciliation machinery under labour law and mediation offer routes to settle employment disputes before or during formal proceedings.
See also: Arbitration, Mediation & ADR.
12
High Court & Supreme Court Labour and Service Proceedings
Writ, appeal and SLP proceedings in labour and service matters.
High Courts may examine awards of labour courts and tribunals, and orders in service matters, in writ jurisdiction, with further proceedings before the Supreme Court.
See also: Constitutional, Writ & Administrative Law; Civil Litigation & Court Proceedings.
Professional Scope & Jurisdiction
This page provides general information on labour and employment law and related matters in India. It is not legal advice and does not create a lawyer–client relationship. Each matter depends on its own facts and applicable law.