The prevailing laws in India provide for a work-from-home (WFH) option to select employees, such as those of SEZ units engaged in IT & ITeS and female employees resuming work after their maternity leave, at the discretion of their employers.
The draft model Standing Orders for the services sector under the proposed Industrial Relations Code, 2020, enable employers to allow their workers to avail WFH, as deemed fit by them, subject to the terms and conditions of their appointment. However, these would apply to businesses having 300 or more workers. Hence, the existing and proposed laws are limited to a specific set of employees and do not confer on them a legal right to WFH.
Please click here to read the full article by Minu Dwivedi, published in ET HR World.
Minu Dwivedi is a Partner with over 20 years of experience in general corporate and commercial work, specialising in labour & employment, white-collar crime investigations, POSH, governance, FCPA and anti‑corruption matters. She advises leading domestic and international clients across diverse sectors and is recognised as a Notable Practitioner by multiple global legal directories.