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Niruta Publications

To Unify a Diverse Workforce, Create the 5E Strategy

3/2/2025

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To Unify a Diverse Workforce, Create the 5E Strategy
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Courtesy:
Business Manager
March 2025

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Remuneration in Kind

10/29/2024

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Remuneration in Kind
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Definition of Wages Section 2 (Y)

10/29/2024

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Definition of Wages Section 2 (Y)
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Definition of Factory

10/29/2024

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Definition of Factory
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Gratuity for Trainees Steel Authority of India & Md. Mohiuddin, Calcutta High Court

10/29/2024

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Gratuity for Trainees Steel Authority of India & Md. Mohiuddin, Calcutta High Court
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BOCW ACT & FACTORIES ACT

10/29/2024

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BOCW ACT & FACTORIES ACT
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Section 2(S) In Rita Sachdeva vs Secretary, Delhi High Court

10/29/2024

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Section 2(S) In Rita Sachdeva vs Secretary, Delhi High Court
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Gratuity 5 years service with 2 years as Trainee

10/29/2024

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Gratuity 5 years service with 2 years as Trainee
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Fixed Term Employee & Gratuity

10/29/2024

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Fixed Term Employee & Gratuity
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Gratuity in case of Death of the Employee

10/29/2024

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Gratuity in case of Death of the Employee
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Project Leader  is a Workman or Not

10/29/2024

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Project Leader is a Workman or Not
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Executive Secretary is a Workman or Not

10/29/2024

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Executive Secretary is a Workman or Not
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FIXED TERM EMPLOYMENT – LIMITATIONS

10/15/2024

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S N MURTHY
SENIOR ADVOCATE
The Indian laws with regard to flexibility of employment is very harsh on the employers. In its anxiety to protect the security of employment in private sector, the Industrial Disputes Act, 1947 was amended during the year 1976 with introduction of Chapter V-B. We may not find a provision similar to the one in Chapter V-B anywhere in the world. This provision, in short requires every employer employing one hundred or more workmen to obtain prior permission of the Government to lay-off, retrench or close down the establishment. This made it very difficult for employers to employ workmen for short duration, say a year or two or three. To add to the woes of employers, Justice Krishna Iyer in Sundarmoney Vs. State Bank of India laid down a stringent law through interpretation of the word `retrenchment’ by stating that an employee who works for 240 days cannot be retrenched without complying with the provisions of Section 25-F of the Industrial Disputes Act.

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The Karnataka Shops & Commercial Establishment Act

10/14/2024

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The Karnataka Shops & Commercial Establishment Act
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Principal Employer Liability for Payment of Gratuity for Contract Labour

10/14/2024

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Principal Employer Liability for Payment of Gratuity for Contract Labour
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Gratuity Eligibility (1)

10/14/2024

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Gratuity Eligibility
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Gratuity Eligibility

10/14/2024

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Available Surplus & Allocable Surplus and Set-on & Set-Off

10/14/2024

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Available Surplus & Allocable Surplus and Set-on & Set-Off
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Abetment of Suicide

10/14/2024

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Abetment of Suicide
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Navigating Workplace Manipulation: How to Deal with a Toxic Colleague and Protect Your Professional Reputation

12/25/2023

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In the workplace, one of your colleagues behaves with you as a close friend, a well-wisher, and gives you a lot of praise. However, at the same time, he talks ill about you with other colleagues and seizes every opportunity to damage your reputation without your knowledge. More importantly, he twists your communications with others negatively and spreads negativity about you among others. In such a scenario, how do you deal with this colleague?
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Dealing with a manipulative and toxic colleague can be challenging, but it's essential to address the situation professionally and assertively. 
Here's a step-by-step guide on how to handle this situation:


1. Stay Calm and Objective:
Remain composed and avoid reacting emotionally to the situation. Emotions can cloud judgment. Try to view the situation objectively.

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Interpretation of Section 2(p) of The Industrial Disputes Act, 1947

12/25/2023

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(p) “settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by] the appropriate Government and the conciliation officer. 
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Section 2(p) of The Industrial Disputes Act, 1947, defines the term "settlement." The interpretation of this section in detail is as below:

1. Settlement in Conciliation Proceedings:
  • Definition: A settlement refers to an agreement reached during conciliation proceedings.
  • Conciliation Proceedings: Conciliation is a process where a neutral third party (conciliation officer) helps the employer and workmen resolve their disputes amicably.
  • Inclusion: Any agreement made during this formal conciliation process falls under the definition of a settlement.​

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Response to Unselected Candidates by HR Department: Format

12/25/2023

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An organization must guarantee that the HR Department delivers a written or verbal response to all candidates who were not selected after attending an interview. Remember, today's unsuccessful candidate could be tomorrow's perfect fit. Providing a positive experience for candidates will keep them motivated to pursue positions within your company. This approach not only enhances the company's branding but also strengthens the HR department's reputation. Here is a sample e-mail to be sent to the not selected candidates. For example, the position is Manager - Business Development.

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Nurturing Psychological Safety in the Workplace: The Rishika Case Study

12/24/2023

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Fostering a psychologically safe workplace is the foundation that enables a great attitude to flourish. From this attitude, great behaviors emerge, paving the path for remarkable actions and ultimately, transformative results.
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In the fast-paced and competitive world of business, organizations often prioritize performance metrics, profit margins, and market share. While these are undoubtedly essential aspects of success, there's another, often overlooked, factor that can significantly impact an organization's long-term health: Psychological Safety. This article delves into the concept of psychological safety, its profound implications, and how it played a pivotal role in the case of Ms. Rishika, a Sales Manager whose career took an unexpected turn due to the absence of psychological safety in her workplace.


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Case Study - Mentoring

12/24/2023

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Mr. Krish, a technically qualified graduate engineer, has held the position of production manager at a company for a decade. He has displayed commendable proficiency in product management, process optimization, and effective team leadership. However, his approach lacks assertiveness and creativity and often appears lethargic. Notably, Krish seems content with his current role and shows no inclination towards pursuing higher career growth, despite multiple attempts by his superiors to address these concerns. Consequently, he has been assigned you as a mentor. As his mentor, how do you deal with this?
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Mentoring Mr. Krish, who appears to be technically proficient but lacks assertiveness and creativity, can be a challenging but rewarding task. 

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FAQs - THE FACTORIES (KARNATAKA AMENDMENT) ACT, 2023

12/24/2023

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1. What is the purpose of Karnataka Act No. 33 of 2023?
The purpose of Karnataka Act No. 33 of 2023, titled "The Factories (Karnataka Amendment) Act, 2023," is to make further amendments to the Factories Act, 1948, specifically in its application to the state of Karnataka.

2. When was Karnataka Act No. 33 of 2023 first published?

Karnataka Act No. 33 of 2023 was first published in the Karnataka Gazette Extra-ordinary on the 7th day of August, 2023

3. When did Karnataka Act No. 33 of 2023 receive the assent of the President?
Karnataka Act No. 33 of 2023 received the assent of the President on the 10th day of July, 2023.


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