Quiz 3: Advanced — Indian Employment Law (Non-Lawyer)

Question 1 of 5

An employer discovers a workman committed serious misconduct. Terminates immediately without domestic enquiry, providing severance. On challenge, likely outcome?

AThe termination is valid because severance was paid BThe termination is procedurally invalid; the workman is entitled to reinstatement with back wages unless the employer can lead evidence justifying misconduct de novo before the Labour Court CThe workman must accept the severance as final DCriminal proceedings must be initiated first

Question 2 of 5

A contract specifies a 12-month non-compete with Rs. 5 lakh consideration. Is it enforceable?

AYes — payment converts an unenforceable clause into a valid restrictive covenant BNo — Section 27 renders post-employment non-competes void regardless of consideration CYes — but only up to 6 months DYes — but only if paid in advance

Question 3 of 5

A contract labour arrangement is at a factory. The principal employer's HR head argues contract labourers are not their responsibility. Most accurate?

AContract labourers are entirely the contractor's responsibility BThe principal employer has independent statutory obligations under the Contract Labour Act, including registration, and may be liable for wages if the contractor defaults CContract labourers have no rights against the principal employer DThe Contract Labour Act was repealed by the Labour Codes

Question 4 of 5

An employer wants to reduce salaries by 15% across the board due to economic downturn. Most legally defensible approach?

AUnilateral communication of the reduction BObtaining written consent from each employee CAnnouncing as a temporary emergency measure to be reviewed after 6 months DNotifying the state labour department

Question 5 of 5

An employer terminates an employee on the last day of the fourth year of continuous service. Employee claims gratuity based on 'nearer to 5 years'. Most likely outcome?

AGratuity is payable — the fourth year rounds up BGratuity is not payable — 5 years minimum is strictly required except for death/disablement CPayable at half rate DDiscretionary in the fourth year

Quiz 3 — Advanced