Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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High Court Admits Petition Challenging POSH Rules

Precedential Decision by Judiciary or Regulatory Agency

Author: Manishi Pathak, Partner — Cyril Amarchand Mangaldas

In December 2018, a petition was filed before the Honorable High Court of Kerala challenging the POSH Rules. The petitioner in this case was found guilty of sexually harassing a former employee by the Local Complaints Committee (LCC) and ordered to pay INR 19 lakhs and issue an apology to the employee. In his petition to quash the LCC’s decision, the petitioner contended, inter alia, that the complaint was invalid because it was made anonymously (and thus, not in writing, as required under law) and that Rule 7 of the POSH Rules (prohibiting parties from being legally represented at such proceedings) is unconstitutional and arbitrary. The High Court admitted the petition, issued a notice to the State of Kerala regarding the same, and stayed the LCC’s decision.

Employees’ State Insurance (General) Amendment Regulations, 2018

New Regulation or Official Guidance

Author: Manishi Pathak, Partner — Cyril Amarchand Mangaldas

Under newly introduced Regulation 96-B, published on October 30, 2018, a person insured under the ESI Act shall be entitled to receive reimbursement of medical treatment undertaken in the case of an emergency either for himself or his family members, provided they are insured. However, the rates at which such reimbursement may be claimed are to be prescribed and published by the respective State Government, the Employees’ State Insurance Corporation or the Central Government Health Scheme.

Uttarakhand Allows Women to Work Night Shifts in Factories

New Regulation or Official Guidance

Author: Manishi Pathak, Partner — Cyril Amarchand Mangaldas

In addition to the notifications issued by the State of Maharashtra, State of Haryana, and State of Uttar Pradesh, the Government of Uttarakhand has issued a notification dated November 28, 2018 allowing women in the State of Uttarakhand to work night shifts in factories from 7:00 p.m. to 6:00 a.m. However, employers must ensure that the women working in night shifts do not face sexual harassment, that the workplace is safe for the women, and make arrangements for the women to be dropped off safely at their residence.

Proposed Maternity Leave Incentive Scheme

Proposed Bill or Initiative

Author: Manishi Pathak, Partner — Cyril Amarchand Mangaldas

On November 16, 2018, India’s Ministry of Labour and Employment proposed the Maternity Leave Incentive Scheme, 2018 to implement the Maternity Benefit Act, 1961. If enacted, under the Scheme, 7 weeks of wages would be reimbursed to employers who employ women workers with a wage ceiling up to INR 15000 (approx. USD 209), and provide them benefit of 26 weeks paid maternity leave, subject to certain conditions. The cost of implementing the Scheme is estimated at approximately INR 400 crores, which would not be borne by a Labour Welfare Cess since no such Cess is levied by the Ministry.