Ms. Anjuli Marwah is an Associate and presently works with the Employment Law Team. At the firm, she focuses on employment, labour, immigration and general corporate related matters. Her experience includes providing opinions pertaining to employment and immigration law queries and conducting due diligence.
She regularly advises on the employment law queries pertaining to termination of employment, maternity benefit, sexual harassment claims, employee immigration, formulating employee-related policies and disciplinary guidelines, regulation relating to overtime, work hours, leave, holidays, severance compensation, etc., identification of contract labour arrangements and the necessary safeguards, social security benefits, etc., standardisation of templates for appointment letters, employment agreements, confidentiality and non-disclosure agreements, release letters and full & final settlement letters.
The Employees' Provident Fund Organisation recently directed the provident fund authorities not to initiate inquiries into employers' previous wage structures on the assumption that certain allowances might not have been treated by employers as basic wages for the purposes of provident fund contributions. Such inquiries had been prompted by the Supreme Court's decision in Vivekananda, which clarified the legal position regarding allowances that fall within the definition of 'basic wages'.
The Supreme Court recently examined whether certain components of an employee's overall salary are subject to provident fund (PF) contributions. As the Supreme Court has clarified that special allowances paid to employees must be included in the calculation of PF contributions, employers should review and analyse their current salary structures to determine any increase in PF liabilities.
The new Code on Wages 2017 was recently introduced in Lok Sabha and is currently pending approval. The code seeks to integrate, amend and simplify the four central labour laws in order to reduce the multiplicity of definitions given under various labour legislation and foster a conducive labour environment by facilitating ease of compliance, thereby promoting the establishment of more organisations and creating more employment opportunities.