[Paridhi Rastogi is a 4th year B.Com., LL.B. (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] In a recent landmark ruling, on the 19 February 2021, the UK Supreme Court has ruled that Uber drivers are ‘workers’, and not ‘independent contractors’. The judgement in the case of Uber BV and others v. Aslam and others, marks a paradigm shift in the treatment of individuals working...
Supreme Court Decides Regarding Disciplinary Enquiry before Dismissing a Worker
[Yagya Sharma is a 4th year BA LLB (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] On 20 January 2021, the Supreme Court of India held in State of Uttarakhand v. Sureshwati that the dismissal of Smt. Sureshwati by her employer cannot be interfered with merely on the ground that it did not conduct a disciplinary enquiry before dismissing. However, the employer will have to...
Termination of Worker For ‘Loss of Confidence’ Does Not Amount To Retrenchment
[Madhusudan Bose and Nayantara Chauhan are Advocates at PRA Law Offices, Delhi] Indian law grants strong protection to certain types of employees (statutorily referred to as ‘workmen’, but for convenience herein as ‘workers’) against termination of their employment by employers (or ‘retrenchment’). A worker is entitled to retrenchment compensation at the rate of 15 days average pay for every year...
The Gig Is Up – Redefining Employment for Platform Workers
[Shreya Bhatnagar and Aatman Shukla are students of B.A. LL.B. (Hons.) at National Law University Delhi] Today, one of the greatest drivers of the ‘on-demand employment’ economy has been the rise of platform-based apps such as UberWorks or Urban Company, which have replaced traditional paper-applications and references for seeking employment. Such platform-based apps have eliminated the...
Trade Union as Operational Creditor: The Conundrum of Purposive Interpretation
[Vishal Hablani is a 4th year B.A.L.L.B. (Hons.) student at WBNUJS, Kolkata] Recently a judgment was passed by the Supreme Court in JK Jute Mill Mazdoor Morch v. Juggilal Kamlapat Jute Mills Company Ltd., wherein it was observed that a trade union could file an application in the capacity of an operational creditor, on behalf of workmen, for initiating the corporate insolvency resolution process...
Treatment of Employment Benefits under the Insolvency and Bankruptcy Code, 2016
[Medha Rao is an Advocate based in Bengaluru] Following the reasoning of the National Company Law Tribunal (NCLT), Mumbai in Asset Reconstruction Company (India) Limited v. Precision Fasteners Ltd. [‘Precision’], the NCLT, Delhi in Alchemist Asset Reconstruction Co. Ltd. v. Moser Baer India Limited [‘Alchemist’] has also held that the dues owed to workmen from provident fund, gratuity fund, and...
Are Uber or Ola Drivers ‘Workmen’ under the Industrial Disputes Act, 1947?
[Shourya Bari is an associate with a law firm in Mumbai and Aditi Singh Kashyap a 4th year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat] Introduction This post will explore the question whether Uber or Ola Drivers fall within the scope of ‘workman’ as defined in section 2(s) of the Industrial Disputes Act, 1947 (“ID Act”) to be able to obtain the benefits stipulated under that...
Validity of Employment Bonds in India
[Apoorv Madan is a 4th year law student at Jindal Global Law School in Sonipat] Background Corporations often invest huge amounts of time and money in imparting training to their employees so as to gain competitive advantage. Regardless, the attrition rate continues to be significant. Several employees, after acquiring valuable skills, leave the organization for diverse reasons. Therefore, the...
Analysing the Change in Law Regarding Issuance of Sweat Equity Shares
[Vartika Tiwari is a 3rdYear student of National Law Institute University, Bhopal and is on the Editorial Board of NLIU Law Review] On 16 January 2016, the Government launched the “Startup India”campaign and ever since it has been making constant efforts to promote startups and make the country business friendly. There is no denying the fact that India has come a long way since then. In fact, it...
Uber v. Waymo and Lessons for Trade Secret Protection for Companies
[Swrang Varma is a 4th Year BB.A. LL.B. (Hons.) student at the University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University] Introduction More than a century has elapsed since the establishment of the theory of the separate juristic personality of a corporation. Be that as it may, a corporation still functions through human innovation. The unique competitive edge that...
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