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Showing posts from January, 2016

BONUS - IMPACT OF RECENT AMENDMENT By: S N MURTHY, SENIOR ADVOCATE

BONUS - IMPACT OF RECENT AMENDMENT                                                                                        By: S N MURTHY                                                                                               SENIOR ADVOCATE This has reference to the recent amendment to the Payment of Bonus Act 1965.  Under the amendment, apart from increasing the notional salary for the purpose of working out the bonus payable to Rs.7,000/-, it is also made clear that where minimum wages are fixed, the notional salary will be Rs.7,000/- or minimum wages whichever is higher. Section-2(13) of the Act which defines an “employee” as under: [after amendment]. "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding twenty  one thousand rupees per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward whether the terms o

Can employer terminate its employee for passing critical remarks against its co-worker outside the office in social media like facebook. Will it amount to curtailment of freedom of expression. What if the employee was harassed/found bullying and is punishable under sexual harassment act. Can the employer still take restrictive action. Useful tips by Tim for balancing legal and cultural concerns when faced with an escalating workplace dispute.

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I found this article very useful and informative for employers to examine if it needs to be involved between co-worker dispute outside the employment. However this article is primary based on US laws and when applying these principles for jurisdiction like India and other APAC countries, the country specific employment laws needs to be examined and the circumstances involved in such dispute and will differ from case to case. Happy reading! Workplace Conflicts: How Involved Must An Employer Be? By Tim Garrett December 23, 2015 The lines are becoming increasingly blurred between on-duty and off-duty conduct, and as a result, employers face added challenges in responding to workplace conflicts. The electronic age makes it difficult to define the limits of the workplace, and an employer’s duty to respond appears ever-expanding. What’s more, an employer faces a ten

Data Privacy: As per an encryption survey nearly one-third of companies and organizations in the US, Canada, India, Australia, Japan, and Malaysia, say they don't regularly encrypt their employees' bank information, and 43% don't always encrypt human resources files.

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Study: Employee data not encrypted to level of customer data Employee Data More Exposed Than Customer Data New encryption report shows midsized organizations fail to encrypt all the sensitive things -- including their own intellectual property and financial data. Midsized companies do a better job protecting their customer information than that of their own employees or their internal intellectual property, a new study found. Nearly one-third of companies and organizations with 100- to 2,000 employees in the US, Canada, India, Australia, Japan, and Malaysia, say they don't regularly encrypt their employees' bank information, and 43% don't always encrypt human resources files. Nearly half say they don't routinely encrypt employee health information, according to the Vanson Bourne survey conducted on behalf of security vendor Sophos. And at a time when the US and other governments are trying to nip cyber espionage for economic gain in the bud via talks wi