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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Work from Home Amendment and Guidelines for Employers in Special Economic Zones

New Legislation Enacted

Authors: Sayantani Saha, Associate, and Ajay Singh Solanki, Partner – Nishith Desai Associates

The Indian Ministry of Commerce and Industry has notified the Special Economic Zones (Amendment) Rules, 2022 on July 14, 2022, permitting employers in notified Special Economic Zones (SEZ) to allow up to 50% of their employee strength in SEZ (including contract workers) to work from home (WFH) or remotely from any place outside SEZ, subject to compliance with certain requirements.

WFH permission can be provided to employees in SEZ units registered as Information Technology/ Information Technology enabled Services, employees who are travelling, employees who are working off-site and employees who are temporarily incapacitated. In order to enable employees to WFH, employers will need to submit a WFH proposal to the SEZ Development Commissioner (DC) in a prescribed manner. Compliance requirements for permitting SEZ employees to WFH include submitting a WFH proposal to the DC for approval. Additionally, as per guidelines issued by the Ministry of Commerce and Industry dated August 12, 2022 (SOPs), the WFH proposal needs to include details of employees or categories of employees who are proposed to be permitted to work remotely, subject to the applicable 50% cap. The SOPs place necessary discretion upon the DC of each SEZ, in approving WFH proposals of SEZ employers for permitting more than 50% of their employee strength (including contract workers) to WFH in line with existing practices.

Notification of HIV Policy under HIV Act

New Legislation Enacted

Authors: Sayantani Saha, Associate, and Ajay Singh Solanki, Partner – Nishith Desai Associates

The Indian Ministry of Health and Family Welfare has notified the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Policy for Establishments, 2022 (HIV Policy) as per provisions of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act) read with the federal rules thereto.

The HIV Policy requires all establishments to adopt the principles of nondiscrimination against people infected with and affected by HIV and AIDS, confidentiality related to one’s HIV and HIV related data and grievance redressal mechanism in the form of appointing a complaints officer at the establishment for receiving complaints on noncompliances with provisions of HIV Act. The HIV Policy extends protection against discrimination (including discrimination in form of denial of, or termination from employment or occupation or unfair treatment) to not only persons with HIV but also their immediate family members and progeny, residing in the same house. As per federal rules to the HIV Act, the HIV policy is required to adopted by every establishment covered under the HIV Act upon its notification and the text of policy needs to be communicated to all persons working in the establishment by the person in charge of the establishment in a prescribed manner. All establishments are also required to conduct annual training sessions for persons working in the establishment for understanding and implementing the HIV Policy.

Madhya Pradesh Night Shift Work for Women

New Legislation Enacted

Authors: Sayantani Saha, Associate, and Ajay Singh Solanki, Partner – Nishith Desai Associates

The Madhya Pradesh state government through a notification dated August 1, 2022, has permitted employers of commercial establishments in Madhya Pradesh to engage women employees between 9 p.m. and 7 a.m. subject to compliance with certain terms and conditions. Such terms and conditions inter alia include taking certain prescribed steps to prevent sexual harassment at the workplace, maintaining a complaint mechanism in the establishment for time-bound resolution of complaints, complying with certain health and safety related requirements, employing women employees in batches of at least 10 women workers per batch ensuring that at least two-thirds of total strength of workers at nighttime is women.

There are additional requirements in respect of providing transportation facilities and arranging pick-up and drop services for women employees working at night, appointing female wardens at night, granting additional paid menstruation leave to women workers, having monthly meeting with women contract workers once in eight weeks to address reasonable grievances, etc.

Online Application for Exemption under Certain Provisions of Delhi Shops and Establishments Act, 1954

New Legislation Enacted

Authors: Sayantani Saha, Associate, and Ajay Singh Solanki, Partner – Nishith Desai Associates

The Labor Department, Government of Delhi has notified an online portal on August 5, 2022, for receiving the application for allowing exemption from applicability of under Sections 14, 15 and 16 of the Delhi Shops and Establishment Act, 1954 (DSEA). The exemption under section 14 is for allowing young persons and women to work between 9 p.m. to 7 a.m. during the summer and between 8 p.m. to 8 a.m. in the winter. The exemption under section 15 is with respect to opening and closing hours of establishment and the exemption under section 16 is for allowing opening of establishments on weekly off day or on national holidays.

The online application for seeking exemptions under the aforesaid provisions of DSEA can be made at: https://dlabourwelfareboard.delhi.gov.in/shopexemption.

Uttar Pradesh to Consolidate All State Labor Laws into Four Codes

Proposed Bill or Initiative

Authors: Sayantani Saha, Associate, and Ajay Singh Solanki, Partner – Nishith Desai Associates

As per recent news reports, the Uttar Pradesh state government is considering consolidation of eight state labor laws into one or two labor codes. This is to simplify the applicable legislations and reduce multiplicity of legal provisions. Currently, there are at least eight state and 29 central laws applicable in the state of Uttar Pradesh and the government is considering simplifying the same by subsuming the state laws into codes, in a similar manner as the Indian Ministry of Labor and Employment has codified 29 central labor laws into four labor codes.