Littler Global Guide - India - Q2 2021

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

View all Q2 2021 Global Guide Quarterly updates   Download full Q2 2021 Global Guide Quarterly

Karnataka State – Increase in Unused Annual Leave Carry Forward Limit

New Order or Decree

Authors: Trent Sutton, Shareholder and Isha Malhotra, Of Counsel – Littler

Under an amendment to the Karnataka Shops & Establishments Act, employees can now carry forward up to 45 days of unused annual leave to the next year. The previous limit had been 30 days.

Karnataka State – Relaxation in the Rules of Employing Women at Night

New Order or Decree

Authors: Trent Sutton, Shareholder and Isha Malhotra, Of Counsel – Littler

Most states in India generally prohibit employment of women at night. Only certain companies can apply for an exemption (those in IT/ITeS services) to employ women at night. However, last year, Karnataka government allowed all commercial establishments to employ women at night, subject to certain conditions, including obtaining consent, providing free transport, and certain restrictions on hours of work that women can perform at night.

Guidance on COVID-19 Vaccination at Workplaces

New Regulation or Official Guidance

Authors: Ajay Singh Solanki, Leader and Archita Mohapatra, Associate - Nishith Desai Associates

In April 2021, the Ministry of Health and Family Welfare (MoHFW), Government of India, released its Guidance on COVID-19 Vaccination at Workplaces (Government & Private), permitting private employers to collaborate with private COVID-19 vaccination centers to inoculate employees over the age of 45 years.

The government subsequently clarified, through a letter dated May 21, 2021, to allow vaccination of employees over the age of 18 years and their family members and dependents at workplace vaccination centers owing to the MoHFW’s Liberalized Pricing and Accelerated National COVID-19 Vaccination Strategy.

Introduction of Four New Labor Codes

Proposed Bill or Initiative

Authors: Trent Sutton, Shareholder and Isha Malhotra, Of Counsel – Littler

Indian government is set to introduce four new Labor Codes, namely Code on Wages, 2019; Industrial Relations Code, 2020; Code on Social Security, 2020; and Occupational Safety, Health and Working Conditions Code, 2020, with a view to simplify and merge the plethora of labor legislations that currently govern the Indian labor landscape. The enactment of the codes was set for mid-2021, however, it has been deferred indefinitely. While the aim of introducing the Labor Codes is “ease of doing business in India,” employers can expect changes in current compliance requirements for minimum wages, social security, employee representation, etc., after enactment of the new Labor Codes.

Extension of Timeline for Mandatory Verification and Linking of Aadhar Number

Upcoming Deadline for Legal Compliance

Authors: Ajay Singh Solanki, Leader and Archita Mohapatra, Associate - Nishith Desai Associates

Effective September 1, 2021, employers are limited to make provident fund contributions filings only for those employees whose Aadhar numbers have been verified and linked with the Universal Account Number (UAN), a unique number allocated by the Employees’ Provident Fund Organisation (EPFO), pursuant to Section 142 of the SS Code. This is further to a new circular issued by the EPFO extending the implementation deadline, which initially was set for June 1.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.