Advocate Girish Jayram

  Accident Insurance Rights for Gig Workers Under the Social Security Code Gig workers viz. delivery partners, ride‑hailing drivers, and freelancers face unique risks, especially accidents during work. The Code on Social Security, 2020 recognizes gig and platform workers and provides a framework for accident insurance coverage. Legal Framework Section 2(35) of the Code defines gig workers as individuals outside traditional employment relationships. Aggregator companies (food delivery apps, ride‑sharing platforms, etc.) are required to contribute to social security funds. Accident insurance schemes are part of the benefits envisioned under the Code. Recent Updates (2025–2026) Delhi Government (2025): Directed quick‑commerce platforms to provide mandatory accident insurance for delivery partners. Rajasthan Pilot Scheme: Enrolled gig workers for accident insurance with partial state funding. Court Cases: High Courts are examining whether denial of accident insurance violates const...

  POSH Act Compliance for External Workplaces – Handling Harassment Beyond the Office The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is often misunderstood as applying only within office premises. In reality, the law covers any workplace‑related environment , including client meetings, vendor sites, training programs, and business travel. Legal Framework Section 2(o) of the POSH Act defines “workplace” broadly, including any place visited by the employee during the course of employment. Internal Committees (ICs) are empowered to hear complaints even if the respondent belongs to another organization. Recent Delhi High Court rulings (2025) confirmed that ICs cannot dismiss complaints merely because the incident occurred outside the employer’s premises. Step‑by‑Step Solution for Employees [FREE] File Complaint with IC: Submit a written complaint to your employer’s Internal Committee within 3 months of the incident. Provide Co...

  Steps to Resolve PF Non‑Payment – Employee Remedies Explained The Employees’ Provident Fund (EPF) is one of the most important social security benefits for workers in India. Both employer and employee contribute monthly, ensuring retirement savings and financial security. However, disputes often arise when employers fail to deposit contributions with the Employees’ Provident Fund Organisation (EPFO). Legal Framework Under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 , employers must deposit both their contribution and the employee’s deducted share into the EPF account. Non‑payment or delayed payment is a statutory offence, attracting penalties and possible prosecution. Employees have the right to check their PF balance through the EPFO portal or UMANG app. Step‑by‑Step Solution for Employees [FREE] Verify PF Balance: Log in to the EPFO portal or UMANG app using your UAN to confirm whether contributions are missing. Raise Internal Query: Write to HR or a...

  How to Claim Overtime Wages Under the Code on Wages, 2019 Overtime wages remain one of the most common disputes between employees and employers. Many workers are asked to stay beyond scheduled hours but are not compensated fairly. The Code on Wages, 2019 provides clear rules on overtime pay, ensuring employees are protected. Legal Framework Section 14 of the Code on Wages, 2019 mandates that employees working beyond prescribed hours must be paid at twice the ordinary rate of wages . The definition of “wages” includes basic pay, dearness allowance, and retaining allowance, but excludes bonuses and certain allowances. State rules under the Code specify maximum working hours (generally 8 hours per day, 48 hours per week). Step‑by‑Step Solution for Employees [FREE] Document Hours Worked: Maintain a personal record of extra hours, including emails, attendance logs, or supervisor instructions. Check Company Policy: Review HR manuals or appointment letters to see if overtime is ment...

  Future of Labour Law in India – Trends Employers Must Watch India’s labour law landscape is undergoing its most significant transformation in decades. With the introduction of four labour codes viz. on wages, social security, industrial relations, and occupational safety; employers must prepare for a future where compliance is more integrated, digital, and worker‑centric. 1. Implementation of Labour Codes The Code on Wages, 2019 and Code on Social Security, 2020 are expected to be fully implemented by 2027. Uniform definitions of “wages” will simplify payroll but may increase employer liabilities on PF, ESI, and bonus payments. Digital compliance portals will reduce paperwork but increase transparency for inspectors. 2. Gig and Platform Worker Protections Social security schemes for gig workers are being piloted in multiple states. Aggregator companies will face mandatory contributions, reshaping cost structures in delivery and ride‑sharing sectors. Courts are likely to expand ...

  Overseas Employers Managing Indian Remote Teams – Labour Law Compliance Essentials The rise of remote work has enabled overseas companies to hire Indian professionals directly. While this offers cost efficiency and access to skilled talent, it also raises complex compliance questions. Employers outside India often assume that local labour laws do not apply but this is a misconception. Legal Framework Applicability of Indian Labour Laws: If an Indian worker is hired directly (not through a contractor), Indian labour laws such as the Employees’ Provident Fund (PF) and Employees’ State Insurance (ESI) may apply, depending on thresholds. Income Tax: Indian employees are taxed under the Income Tax Act, 1961 . Employers must ensure proper withholding (TDS) or coordinate with payroll providers. Social Security Code, 2020: Recognizes remote and gig workers, expanding the scope of compliance obligations. Shops and Establishments Acts: State laws may apply to remote workers operating...

  Disability Certificates and Employment Rights in India – What Employers Must Know Employment rights for persons with disabilities in India are governed primarily by the Rights of Persons with Disabilities Act, 2016 (RPWD Act) . While the law mandates equal opportunity and non‑discrimination, confusion often arises around the role of disability certificates; especially temporary ones; in recruitment and workplace compliance. Legal Framework The RPWD Act recognizes 21 categories of disabilities, ranging from physical impairments to neurological and mental conditions. A disability certificate issued by a competent medical authority is the official document that entitles a person to statutory protections, reservations, and benefits. Certificates may be permanent or temporary , depending on the nature of the condition. Recent Updates (2025–2026) The Ministry of Social Justice and Empowerment clarified that temporary disability certificates are valid for employment purposes during th...

  Recruitment Agencies & Digital Platforms – New Compliance Rules in India Recruitment agencies and digital job platforms play a critical role in connecting employers with talent. However, until recently, this sector operated with minimal regulation, leading to concerns about exploitation, fraudulent practices, and lack of accountability. Recent state‑level initiatives, particularly in Maharashtra, are changing this landscape. Latest Legal Developments Maharashtra Placement Agencies Regulation Act, 2025: Introduced mandatory licensing for recruitment agencies operating in the state. Agencies must register with the labour department and comply with prescribed standards. Digital Platforms: Online job portals and gig platforms are now required to disclose terms of engagement, fees, and grievance redressal mechanisms. Penalties: Unlicensed agencies face fines and potential closure. Misrepresentation of job offers can attract criminal liability. Key Compliance Requirements Licens...

  Gig & Platform Worker Protections in India – What the Labour Codes Mean India’s workforce is rapidly shifting toward gig and platform‑based employment. Delivery partners, ride‑hailing drivers, and freelancers form a growing segment of the economy. Yet, their legal protections remain unclear. The Code on Social Security, 2020 is the first major legislation to formally recognize gig and platform workers. Legal Recognition The Code defines gig workers as those engaged in work outside traditional employer‑employee relationships. Platform workers are specifically recognized as individuals working through online platforms such as food delivery apps, ride‑sharing services, and freelancing portals. This recognition is significant; it acknowledges that millions of workers deserve social security despite not being “employees” in the conventional sense. Social Security Provisions The Code empowers the government to frame schemes for gig and platform workers, including health insuranc...

  Domestic Worker Rights in India – State‑Wise Legal Developments Domestic work is one of the largest informal employment sectors in India, yet it remains under‑regulated. Millions of workers; primarily women provide essential household services without formal contracts, minimum wages, or social security. In recent years, several states have taken steps to address this gap. Current Legal Framework The Unorganised Workers’ Social Security Act, 2008 provides a broad umbrella for informal workers but lacks specific provisions for domestic employees. The Code on Social Security, 2020 includes domestic workers within its definition of “employee,” but implementation remains pending. India has not yet ratified the ILO Convention 189 on Domestic Workers, which sets international standards for fair treatment. State‑Wise Developments Karnataka (2025 Draft Bill): Proposed mandatory registration of domestic workers, minimum wage protections, and grievance redressal mechanisms. Kerala: Intr...

  Cross‑Organizational POSH Jurisdiction – Expanding Reach of Internal Committees The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates every employer to constitute an Internal Committee (IC) to address complaints of sexual harassment. Traditionally, the jurisdiction of an IC was limited to employees of the same organization. However, recent judicial interpretations have broadened this scope, recognizing that harassment can occur in cross‑organizational settings. Latest Legal Developments In 2025, the Delhi High Court observed that Internal Committees may hear complaints involving employees of different organizations if the incident occurred in a shared workplace or during professional interactions. The Ministry of Women and Child Development has issued clarifications emphasizing that ICs must not dismiss complaints merely because the respondent belongs to another employer. This interpretation aligns with the POSH Act’s o...