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Employment Laws for Digital Age

Today, everything is designed for the digital age. Everyone experienced huge problems in their occupations and jobs during the Corona time, and after that, people started to use the internet more frequently. Technology advancements have fundamentally changed how people view employment today. We now have a lot more flexibility in where and when we can work thanks to technology. We can work remotely with co-workers all around the world because we are more connected. We have the option of working from home, the airport, or our preferred coffee shop. Additionally, internet job platforms have spawned the “gig economy,” which allows for independent labour and project-by-project engagement. 

Although the majority of workers value the greater freedom, there are also potentially serious hazards and legal difficulties that must be handled. As the lines between work and play grow increasingly blurred and people are always reachable by phone or email, how can we protect our employees? How can we provide real-time customer service while providing flexible working hours?

Due to people’s constant smartphone access, the traditional eight-hour workday is no longer the norm, and there is no strict distinction between work and leisure time. Rest periods in particular seem to be the most vulnerable.

The home office is increasingly gaining popularity thanks to mobile technologies. What transpires, though, if an employee is hurt while working from home? In such circumstances, private accident insurance is essential.

Employers using the home office concept must have more faith in their staff because managers can’t always keep an eye on them. The risk of fraudulently registering working time or exceeding statutory working restrictions may increase as a result.

Except for the minimal information required for employment purposes, the employer is not permitted to acquire or utilise the private information of its employees. Therefore, if you want to monitor the IT equipment used by your staff, there are legal ramifications to take into account. For instance, data is continuously gathered by work-related mobile devices. It is necessary to seek a works council agreement—or, in the absence of a works council, an individual agreement—if the employer wants access to this data. Otherwise, there is a chance that data protection regulations won’t be followed.

The gig economy, which is a new and expanding sector of the labour market, is a result of digital technologies. This essentially refers to hiring independent contractors for temporary work and is widespread in industries like media, advertising, construction, information technology, and delivery/transport services. New digital platforms, like Uber, Deliveroo, and others, that connect independent contractors with possible short-term job opportunities are largely to blame for the emergence of the gig economy.

Sources of Employment Laws-

The Indian legislature seeks to increase employment among the populace and creates numerous laws for the regulation and protection of employers on behalf of Indian citizens. The Industrial Dispute Act of 1947, the Factories Act of 1948, and other laws for better regulation are passed by parliament according to the industries, and all the legislative authority comes from the Indian constitution.

Crime increased in associated businesses as a result of the growth of the digital industry. The information technology act of 2000 and a few revisions to the Indian penal code of 1860 were designed for the control of those businesses and to lessen the crime associated with that industry.

Everyone uses social media, social platforms, digital payments, and odd websites in this digital age. The security of the data is one of the government’s top priorities because of incidents like this. Because user trust is vital, organisations must be trusted as well.

Due to their importance in creating the digital platform, the IT industries’ primary task has expanded in relation to all of these issues. Data security must be used for security reasons.

RIGHTS OF EMPLOYERS:
  1. Employment agreement
  2. Rights against the discrimination in the workplace
  3. Maternity benefit
  4. Provided fund
  5. Gratuity
  6. Fair salaries for everyone
  7. Appropriate working hours for everyone
  8. Rights for leaves
  9. Prevention of sexual harassment at the workplace.
  10. Fair chance of employment
THE MAIN ISSUE WITH THE DIGITAL AGE:
  1. Data security
  2. Data breach of the company
  3. Cybercrime
  4. Fraud with the companies
  5. Privacy issues
  6. Counterfeiting
  7. Intellectual property crime

In a few recent instances, employees committed data breaches and data theft on behalf of the business. The protection of the users’ personal data at the organisation is another crucial illustration.

We need to be aware of the IT Act 2000, which addresses cybercrimes in India that are well-known on a global scale in the digital world, in order to understand employment regulations. Additionally, this act specifies the appropriate penalty.

Section 65 of IT act 2000: deals with tampering with the computer source document:

If someone intentionally hides, destroys, or modifies any computer source code used for a computer, computer programme, computer system, or computer network, or internally causes another person to do so, while the legislation currently in effect requires that the computer source code be kept and maintained.

Section 66 of IT act 2000: deals with hacking computer systems:

Hacking occurs when someone, with the knowledge that it would likely result in unjustified loss or damage to the public, destroys, deletes, or modifies any information stored in a computer resource, lessens its usefulness or worth, or adversely affects it using their means.

Section 66 B of IT act 2000: deals with receiving stolen computers or communication devices:

A person receives, holds onto, or communicates a computer resource that is known to be stolen or that they have reason to believe is stolen.

These are some crucial considerations for employment rules in the digital age. We can see that we should keep things highly private in the digital age. The reputation of the firms, the other employees, and most importantly the user or client of that company all suffer greatly as a result of what modern IT corporations may do to their advantage.

BY-PRANJAL