LEGALEYE

What is Meaning of Remuneration. The word remuneration finds its origin in the Latin term, ‘remuneration,’ meaning ‘reward’ or ‘repayment.’ If one look for general meaning of remuneration it means the money paid for work or a service. Under the EQUAL REMUNERATION ACT, 1976 [1] of section 2(g) “remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled. When one looks at the definition, it is evident that the term remuneration has a broader sense than phrases like pay or earnings. It represents all of the methods in which an employee is compensated for labor and his or her role in the task done by him or her. So, an employee's remuneration comprises not only his base income, but also any bonuses, commission payments, overtime pay, or other financial perks th...

  Are India and Bharat interchangeable: Discuss in the light of our Constitution In the light of the Indian Constitution, "India" and "Bharat" are considered interchangeable to a certain extent, but they also have specific connotations and are used in different contexts. Article 1 of the Indian Constitution states: "India, that is Bharat, shall be a Union of States." This article explicitly recognizes both "India" and "Bharat" as interchangeable names for the country. It establishes that regardless of which term is used, they refer to the same nation. This provision acknowledges the historical and cultural significance of both names and affirms that they represent the unified entity of the Indian nation. While "India" is the internationally recognized name and is used in official and formal contexts, "Bharat" holds cultural and historical significance, often representing the ancient and indigenous heritage of the Ind...

  Essential Services Maintenance Act is a law which was passed by the parliament in the year 1968 to ensure the supply of essential/necessary/vital goods and services to the general public. If supply of these goods/services are hampered, then it will harm the daily lives of people. Essential services get defined as any service for which the Parliament has the authority to enact laws or for which the government thinks that discontinuing it would endanger the maintenance of supplies and services necessary for maintaining life. Essential Services ordinarily includes services relating to public conservation, sanitation, water supply, hospitals, or national defence.   ESMA was passed under the concurrent list of the 7th schedule in the year 2016. The main objective of this act is to provide smooth transportation of essential goods to the citizens of India without any unnecessary interruption. This act also prohibits the strikes of government employees who works in railway, ...

Principle of Force Majeure It is a French term meaning “greater force”. It refers to an event that situations are unforeseeable or an activity that cannot be anticipated or controlled and in general refers to an activity of God. This principle is studied in contracts to escape the liability for unavoidable activities which prevented the parties from fulfilling the obligations of contract but the non-performance must be not because of negligence or any other such reason. This means that the party that failed to perform the obligations of contract will not be sued by the other party for the non-performance.   The principle of Force Majeure covers natural disasters as well as human activities such as situation of war, terrorism, epidemics etc. Force Majeure includes acts of god but also covers artificial unforeseen events. The difference between “Act of God’ and “Force Majeure’ is also recognized by the Supreme Court in the case of Dhanrajamal Gobindram V Shamji Kalidas & Co [1]...