A STUDY ON THE EMPLOYEES

LEGAL COMPLIANCES OF IT
INDUSTRY
Presented by
Abinaya Gandhi
Master of Business Administration
Rajiv Gandhi College of Engineering and Technology
OBJECTIVES
To Study the legal compliances of the IT
Industry and to explore new dimensions and
concepts in legal compliances of IT Industry.
 CASE 1

Mrs.Sasi Rekha
vs
Tata Consultancy Services(TCS) ,2014
CASE 2

Mrs.Kavitha
vs
Verizon,Hyderabad,2017
LAYOFF
Layoff means the failure, refusal or inability
of an employer on account of the shortage of
coal, power or raw materials or the breakdown
of machinery or natural calamity or any other
unconnected reason to give employment to a
workman whose name is borne on the muster
rolls of his industrial establishment and who
has not been retrenched.

Source: Under section 2(k) of IDA,1947

RETRENCHMENT (DISMISSAL)
Retrenchment means the discharge of surplus
labour or staffs by the employer for any
reason whatsover, otherwise than by way of
punishment inflicted as a measure of
disciplinary action.

Source: Under section 2(o) of IDA,1947

MATERNITY BENEFITS ACT,1961
Dismissal during absence or pregnancy:
Under section 12(1) where a women
absents herself from work in accordance with
the provisions of this Act, it shall be unlawful
for her employer to discharge or dismiss her
during or on account of such absence or to
give notice of discharge or dismissal on such a
day that the notice will expire during such
absence, or to vary to her disadvantage any of
the conditions of her service.
INDUSTRIAL DISPUTES ACT,1947
The main purpose of the Act was to provide
permanent machinery for the prevention and
settlement of industrial disputes. The Act
contemplates the investigation and settlement of
industrial disputes through a three dimensional
process namely voluntary negotiation, mediation or
conciliation and compulsory adjudication of
industrial disputes. The Act regulates the
relationship between employers and employees. It
lays down various provisions relating to strikes and
lockouts. It prescribes penalties against violation of
such provision.
SUGGESTIONS & CONCLUSION
Industries vs Services
(Misinterpretation)
Government should frame new laws for
service sectors or they should make Industrial
disputes Acts mandatory and applicable for
service sectors.
QUERIES