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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State of Rajasthan: Law Protecting Platform-Based Gig Workers

New Legislation Enacted

Author: Isha Malhotra, Of Counsel – Littler

Rajasthan became the first state in India to pass a legislation, regulating the engagement of gig workers. The Act aims to provide social security and other benefits to platform-based gig workers. The new legislation prescribes constitution of Rajasthan Platform Based Gig Workers Welfare Board that, amongst others, will be responsible for registering the relevant parties and notifying the social security of registered platform-based gig workers.

Maternity Benefits Must Be Extended to Contractual Female Employees Beyond the Term of Contractual Employment

New Order or Decree

Author: Urvi Morolia, Attorney-at-Law – Littler

The Indian Supreme Court held that maternity benefits are fundamental and that contractual female employees are entitled to benefits under the Maternity Benefit Act, 1961. In the case before the Supreme Court, the petitioner, a female employee, sought to avail benefits under the Maternity Benefit Act. Her employer argued that she was not entitled to claim maternity benefits since she was only a contractual worker, and not an employee to whom such benefits accrue.

Finding that since the Act contemplates entitlement for female employees who are dismissed/discharged during their pregnancy, there is an inbuilt provision in the statute to extend benefits for a period beyond the term of employment. Using that same rationale, the Court ruled that maternity benefits for contractual female employees must be granted even if the period of benefit overshoots the term of contractual employment.

State of Karnataka: Changes Impacting Factories, Effective August 7, 2023

New Legislation Enacted

Authors: Vikram Shroff, Partner and Head of Employment, and Nipasha Mahanta, Associate – Nishith Desai Associates

The State of Karnataka has amended the Factories Act, 1948. The amendments, which entered into force on August 7, 2023, apply to the state factories (through the Factories [Karnataka Amendment] Act, 2023) and include: (1) extension of the working hour limits up to 12 hours per day (including rest intervals), up to 48 hours per week, subject to written consent from workers; (2) extension of the total number of continuous working hours without mandatory intervals of rest up to six hours (against the earlier five hours); and (3) allow daily “spread over” of work up to 12 hours including rest intervals (against the earlier 10.5 hours).

Subject to the written consent of workers for working overtime, Karnataka factory workers shall be entitled to overtime wages (at twice the ordinary rate of wages) for working more than 48 hours in a week or working nine hours on any day in a six-day workweek, 10 hours on any day in a five-day workweek, and 11 hours on any day in a four-day workweek, subject to a maximum limit of 144 overtime hours per quarter. Additionally, Karnataka factory employers may engage female workers in their factories between 7 p.m. and 6 a.m., subject to compliance with several conditions, including (1) obtaining written consent from female workers for working night shifts, (2) prohibiting sexual harassment at the workplace through the adoption of certain measures, (3) providing proper lighting and CCTV coverage (with storage for at least 45 days) inside the factory and surrounding areas, (4) engagement of female workers in batches of at least 10, and (5) providing prescribed health and safety measures and transportation to female workers during night shifts from their home to the factory and back complying with prescribed norms etc.

Introduction of National Apprenticeship Promotion Scheme-2 (NAPS-2)

New Regulation or Official Guidance

Authors: Vikram Shroff, Partner and Head of Employment, and Nipasha Mahanta, Associate – Nishith Desai Associates

The Indian Ministry of Skill Development and Entrepreneurship (MSDE) has launched NAPS-2 as part of the National Policy on Skill Development and Entrepreneurship, which aims to promote apprenticeship training in India as per the Apprentices Act, 1961. The main objectives of NAPS-2 include (1) developing a skilled workforce, (2) encouraging establishments to enroll apprentices, (3) providing up-skilling opportunities, and (4) focusing on small establishments, especially in underserved regions. The date of notification is August 25, 2023.

Notable features of NAPS-2 are coverage of both designated trades notified by the federal government and optional trades as determined by the employer; recognition of 35 years as upper age limit for stipend support during apprenticeship, and limited government support for up to 25% of an apprentice’s stipend (up to INR 1,500 per month) for on-the-job training provided through Direct Benefit Transfer. NAPS-2 is set to sunset on March 31, 2026, with periodic evaluations planned to assess its impact.

Haryana Becomes the First State in India to Notify the Haryana State Creche Policy 2022

New Regulation or Official Guidance

Authors: Vikram Shroff, Partner and Head of Employment, and Nipasha Mahanta, Associate – Nishith Desai Associates

In July 2023, the Haryana state government introduced the Haryana State Creche Policy 2022; it was notified on July 25, 2023. The policy inter alia provides certain guidelines for creche (childcare center) service providers in the state, including statutorily mandated creche facilities provided by employers, which include:

• Providing day-care facilities with sleeping arrangements
• Offering three nutritious meals a day at the creche
• Supplying age-appropriate stimulation and learning materials to the children
• Monitoring children's growth
• Conducting medical check-ups and immunizations
• Operating for at least eight hours a day during the parents’ work hours
• Ensuring safety and security with entry cards for parents and staff members

The state of Haryana has also published the draft Haryana Amendment to Maternity Benefit Rules of 2019 for regulation of employer-provided creche facilities, which are yet to be notified.