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labour law

FROM OFFICE DESKS TO DIGITAL DESKS: A BUSINESS LAW PERSPECTIVE ON HYBRID WORK AND LABOUR LAW IN INDIA

FROM OFFICE DESKS TO DIGITAL DESKS: A BUSINESS LAW PERSPECTIVE ON HYBRID WORK AND LABOUR LAW IN INDIA K. Abitha, Pursuing LLM at Government Law College Coimbatore (Business Law) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.270 The rapid adoption of work-from-home and hybrid work arrangements has fundamentally transformed the relationship between employers and employees in India. While these flexible work models have enabled businesses to maintain continuity, reduce operational costs, and enhance workforce productivity, they have also exposed significant gaps in the existing legal framework. Indian labour legislation was primarily designed to regulate conventional workplaces and direct employer supervision, and therefore does not comprehensively address legal issues arising from decentralised digital employment. Although the four Labour Codes have now been made effective from 21 November 2025, they do not specifically define or regulate hybrid work as a distinct employment model. Questions relating to working hours, employee privacy, occupational safety in home-based workspaces, employer liability for remote work injuries, digital surveillance, data protection, performance monitoring, cybersecurity, and contractual obligations continue to evolve without a dedicated statutory framework. This paper undertakes a doctrinal analysis of the legal implications of hybrid work from a Business Law perspective. It critically examines the applicability of the labour codes, employment laws, contractual principles, information technology law, and data protection framework to remote and hybrid work environments. The discussion also considers the Digital Personal Data Protection Rules, 2025, which operationalise the DPDP Act, 2023 and are directly relevant to employee monitoring, digital attendance, and processing of workplace data. The study further analyses international approaches towards regulating flexible work arrangements to identify practices that may be adapted within the Indian context. The paper argues that India requires a modern and integrated legal framework that balances corporate flexibility with employee welfare, privacy, legal certainty, and regulatory compliance. It concludes by proposing statutory definitions, model hybrid work policies, clearer occupational safety standards, proportionate monitoring safeguards, and business-oriented compliance mechanisms for the digital workplace.

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ILLEGAL STRIKES AND LOCKOUTS: STATUTORY PROVISIONS AND JUDICIAL INTERPRETATION

ILLEGAL STRIKES AND LOCKOUTS: STATUTORY PROVISIONS AND JUDICIAL INTERPRETATION Anushka Maharshi, BA.LLB, 9th Semester, Student at Maharashtra National Law University, Nagpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.221 This article examines the statutory regulation of strikes and lockouts in Indian industrial-dispute law, using the Industrial Disputes Act 1947 (IDA) as its principal doctrinal framework. It advances the central argument that judicial treatment of “illegal” and “unjustified” strikes, and of employer lockouts, has not been conceptually uniform, creating uncertainty over procedural compliance, proportionality, wage consequences and the permissible limits of collective action. Through a doctrinal analysis of the definitions in sections 2(q) and 2(l), the restrictions in sections 22 and 23 and the illegality rule in section 24, the article assesses the interaction among notice, conciliation, adjudication and industrial action. It engages with Kameshwar Prasad v State of Bihar, Crompton Greaves Ltd v Its Workmen, Tata Iron & Steel Co Ltd v Their Workmen, and related decisions to distinguish statutory illegality from factual justification, scrutinise the legality of lockouts, and evaluate the requirement of proportionate disciplinary responses. A comparative examination of the United Kingdom and the United States identifies the value of clear procedural standards, effective conciliation and protected lawful collective action, while preserving continuity in essential services. The article finds that the IDA’s formal restrictions, ambiguity surrounding employer countermeasures and delay-prone dispute-resolution processes can disproportionately constrain workers, especially when bargaining channels fail. It therefore recommends precise statutory definitions, calibrated notice requirements, strengthened independent conciliation, sector-sensitive continuity arrangements and accessible legal-awareness measures. These proposals seek to reconcile industrial peace with meaningful protection for workers and employers. As the Industrial Relations Code 2020 has subsumed the IDA and is now in force, the article situates the older statute’s jurisprudence as an indispensable interpretative foundation for the contemporary framework. Its contribution lies in offering a structured approach to reconciling legality, justification and proportionality in strike and lockout disputes.

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A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL Adv. Charu Sharma, Practicing Advocate at Jawali, Himachal Pradesh (India) Shubham Upadhaya, LL.M. Scholar at Faculty of Legal Sciences, Shoolini University, Solan, Himachal Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.188 This study examines the constitutional status of the right to decent work in India, South Africa, and Brazil, three major democracies of the Global South that confront persistent labour-market inequalities and significant informal employment. The concept of decent work derives from international legal and policy frameworks, particularly the International Labour Organization’s Decent Work Agenda and Articles 6 to 8 of the International Covenant on Economic, Social and Cultural Rights. The research addresses a key gap in comparative constitutional scholarship by analysing the extent to which these jurisdictions recognise, protect, and enforce decent work as a justiciable socio-economic right. Using a doctrinal and comparative methodology, the study evaluates constitutional provisions, judicial decisions, labour legislation, and recent policy developments between 2018 and 2025. The findings reveal that India protects elements of decent work indirectly through Articles 14, 21, and the Directive Principles of State Policy, but does not expressly guarantee an enforceable right. South Africa provides stronger textual protection under Section 23 of its Constitution, although implementation remains uneven, particularly for migrant and informal workers. Brazil constitutionally recognises labour rights under Articles 6 and 7, yet labour deregulation and continuing informality have weakened effective protection. The study concludes that constitutional recognition must be complemented by robust enforcement mechanisms, stronger labour institutions, and inclusive protection for gig, migrant, and informal workers.

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DEEPFAKE TECHNOLOGY AND LEGAL ISSUES

DEEPFAKE TECHNOLOGY AND LEGAL ISSUES Deeksha Kumari, LLM STUDENT (IMS UNISON UNIVERSITY DEHRADUN) Download Manuscript ABSTRACT The advent of social media has united the entire world into one enormous country. We have access to news from all around the world because of the internet. A few years ago, a unique approach that made it simple to edit photos and films emerged, providing incredible technology that entertained people. This method, which was first employed by people to amuse or play practical jokes on others, swiftly evolved into one of the riskiest things available on the internet right now. The deep-learning technology used in deep fakes has turned the internet into a trap. This study paper aims to comprehend the effects that deep fakes have on society, talk about the laws that prohibit these kinds of actions, and raise awareness about the sharing of these kinds of contents. As English clergyman Thomas Fuller said, “Seeing is believing,” yet when it comes to deep fakes, one can no longer trust what they are seeing. Deep fakes are dangerous for both society and individual privacy because of this. They are inexpensive to produce, but when used improperly, they have the power to sway public opinion, control large crowds to incite discontent in the community, and lead to invasions of privacy, to mention a couple of their problems. The existing legal framework in India does not adequately address cyber offenses resulting from the usage of deep fakes. It is challenging to adequately govern the use of artificial intelligence, machine learning, and deep fakes due to the absence of specific regulations relating these technologies in the IT Act, 2000. It could be essential to amend the IT Act, 2000 to include sections that expressly address the use of deepfake and the penalties for their misuse in order to better regulate offenses caused by them. This would entail tougher legal safeguards for people whose likenesses or photos are exploited without their permission, as well as harsher punishments for those who produce or disseminate deep fakes with malevolent intent. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 234-251. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA

INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA Srishti Murali, BBA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Nrupalaa Kumar, B BA LL.B (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore Download Manuscript ABSTRACT This paper critically analyses the need for implementing a gender-neutral rape provision in India to encompass the diverse experiences of survivors and perpetrators. The primary aim of this research is to underscore the necessity of transitioning towards gender-neutral rape laws in India. The paper seeks to challenge the antiquated belief that gender plays a role in the determination of parties of sexual violence and instead argues for the law to recognize the varied experiences of individuals without considering gender as a critical factor. Further, this study addresses the changing social mindset and dynamics and its role in a gender-neutral provision. This paper seeks to unveil the limitations of gender-specific laws through a comprehensive review of existing legal frameworks, reports, and judgements. The paper reveals a systemic deficiency in current legal provisions, particularly in acknowledging the experiences of male survivors as well as victims of abusive same-sex relationships and dispelling the restrictive narrative that only women can be victims and only men can be the perpetrators. The results of the study argue that gender-neutral rape laws not only fill a crucial legal gap but also play a pivotal role in shaping societal attitudes towards sexual violence. It seeks to conclude that such a provision would align with the principles of justice and equity as envisaged in the Constitution by providing a legal remedy to all victims regardless of gender. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 221-233. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JURISDICTIONAL IMMUNITY

JURISDICTIONAL IMMUNITY Vinita Kumari, student of LL.M., Chanakya National Law University, Patna Download Manuscript ABSTRACT Jurisdictional immunity, a crucial concept in private international law, determines how much a state or its representatives can be held accountable by foreign tribunals. This concept is crucial in contemporary legal systems due to increased international trade, national interdependence, and cross-border conflicts. Jurisdictional immunity is a legal doctrine that exempts a state or its representatives from foreign court jurisdiction. This concept has been explored in private international law, revealing various aspects that contribute to its definition. Diplomatic immunity is essential for promoting international relations and allowing ambassadors to carry out their diplomatic duties without fear of legal repercussions. Sovereign immunity controls the immunity of governments and their representatives in various roles, including both state and diplomatic immunity. The researcher has found that human rights considerations highlight possible inconsistencies between the pursuit of justice and immunity claims. The issue of access to justice has become a crucial problem, since those seeking redress may encounter severe obstacles due to jurisdictional immunity. In this research paper, the author has identified the complex relationship between commercial transactions and immunity claims in the context of international trade and commerce, which may have implications for international business relations. The complex relationship between commercial transactions and immunity claims in global trade and commerce is crucial for international business relations. Future trends in jurisdictional immunity will be shaped by technological advancements, legislative reforms, and debates over state sovereignty and global governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 200-220. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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STATUS OF UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS

STATUS OF UNBORN CHILD : A JURISPRUDENTIAL ANALYSIS Viraj Kumar, Third Year B.B.A LL.B.(H.) Student, Chanakya National Law University ABSTRACT Download Manuscript In delving into the subject of the “Status of Unborn Child” we shall attempt to unravel the complex legal dimensions surrounding the rights and standing of unborn children in the current world, in the belief of the evolving nature of societal attitudes, medical advancements, and cultural influences that have shaped historical perspectives of the unborn.  In today world, there is the presence of increasingly challenging issues in such areas as reproductive rights, medical technologies, and the rights of the unborn. In this backdrop, there is a growing need to understand the principles in jurisprudence that underlie the legal frameworks surrounding unborn children. Looking back through history, we can see how societal changes, advances in medicine, and changes in cultural norms have had a profound effect on the way in which the law refers to and deals with the rights of unborn children today. The basis for this project comes from the recognition of gaps in existing legal systems and a compelling need for a nuanced analysis that explores the rights and interests of both the expectant mother and the unborn, hence we delve into various jurisprudential theories in our pursuit of shedding light on the philosophical, ethical, and cultural dimensions that inform legal decisions concerning unborn children. Through case law, legislative provisions, and international perspectives, the research will contribute to a current discourse on reproductive rights that seeks to provide a theoretical foundation enhancing our understanding of the status of unborn children within a broader context of jurisprudence, with the ultimate view that this research will help formulate more informed and equitable legal frameworks ensuring a balanced and just approach to the rights of the unborn. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 182-199. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT

CORPORATE GOVERNANCE PRACTICES IN INDIA: A THEORETICAL ASPECT Harshit Chowdhary,Student, XIM University, Bhubaneswar Download Manuscript ABSTRACT In this article, the author endeavours to delve into the evolution of corporate governance in India post the enactment of the Companies Act of 2013. This critical legislation introduced several key provisions aimed at strengthening transparency, accountability, and fairness in corporate entities. In this article, the author discusses and highlights the importance of notable changes, including the restructuring of board compositions, the designation of Key Managerial Persons (KMPs), the revised criterion for the appointment of the company’s auditor, and the establishment of essential committees within the prescribed class of companies, such as the audit committee, stakeholder relationship committee, nomination and remuneration committee, and corporate social responsibility committee while highlighting its impact on corporate governance. The author also highlights other measures introduced in addition to these changes to enhance governance, such as mandatory disclosure of directors’ interests, the creation of vigil mechanisms, tighter control over related party transactions, and the introduction of internal and secretarial audit requirements. Hence the Companies Act of 2013 significantly contributes to creating a more transparent, accountable, and fair corporate landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 173-181. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES

SAFEGUARDING FEMALE WORKFORCE: CONCERNS LAWS PROTECTION & MEASURES Kashish Agarwal, STUDENT, BBA LLB/ 3RD YEAR/ 6 SEM. Mohit Shah, STUDENT, BCOM/LLB/ 3YEAR/ 6 SEMESTER. Download Manuscript ABSTRACT Maintaining fundamental human rights and guaranteeing gender equality requires protecting women who work in the workforce. An overview of the issues, regulations, and safeguards relating to women working from the standpoint of labour law is given in this abstract. The main issues that female employees deal with are workplace harassment, unequal compensation, gender-based discrimination, and occupational dangers. Labour laws, which forbid discrimination, guarantee equal compensation for equal work, and set up procedures for handling grievances, are essential in addressing these issues. The legal foundation for defending the rights of female workers is provided by both worldwide labour standards established by organizations like the World Labour Organization and national labour legislation. Protections for the well-being and professional growth of female employees are further strengthened by particular regulations relating to maternity leave, parental leave, and workplace accommodations. However, challenges remain, such as incident underreporting, restricted access to legal recourse, and enforcement shortcomings. Comparative evaluations and illustrative case studies highlight the need for ongoing improvements to labour laws and enforcement procedures in addition to the effectiveness of legal remedies. In order to achieve gender parity in labour markets around the world, future strategies and policy proposals emphasize how critical it is to strengthen enforcement, promote gender-sensitive workplace rules, and push for legislative improvements. This study backs current initiatives to advance the rights and well-being of female workers worldwide. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 145-172. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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