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Exemption from Labour laws
February 17 , 2025
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- Foreign diplomatic missions in India cannot claim any exemption from following the labour and social security laws of the country, the Madras High Court has held.
- Indians serving in foreign diplomatic missions here need not obtain the Centre’s permission, under Section 86 of the Code of Civil Procedure, before approaching an industrial tribunal against their employers.
- Parliament had enacted the Diplomatic Relations (Vienna Convention) Act, 1972, to give a force of law to a convention adopted by India at the UN Conference on Diplomatic Intercourse and Immunities held in Vienna on April 14, 1961.
- Article 33 of the Convention clearly states that only foreign nationals serving in a diplomatic mission would be exempt from the social security laws of the receiving State.
- Therefore, the exemption provided for in the Article is not applicable to the nationals of the receiving State.
- Section 25F of the Industrial Disputes (ID) Act, 1947, requires an employer to pay compensation equivalent to 15 days’ average salary for every completed year of service before retrenching a permanent employee.
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