In layman terms, a Derivative based contract is a contract between two or more parties whose value is based on an agreed-upon underlying financial asset, index, or security. Some common financial instruments used for this purpose are Futures Contracts, Forward Contracts, Options Contracts, and Swaps Contracts. These are secondary securities whose value is solely based (derived) on the value of the primary security that they are linked to which is known as the underlying assets.
The Code on Social Security (the Code), passed with a view to repeal and consolidate existing labor laws and facilitate ease of doing business, has introduced several changes in the Employees’ State Insurance (ESI) Scheme. This article brings forth the features pertaining to the ESI Scheme under the said Code, which proves crucial for both the employee(s) as well as the employer(s).
This is the second part of the two-part series wherein we discuss about the types of Restrictive Covenants under the Employment Contracts. This article aims to describe certain commonly used Restrictive Covenants in the Employment Contracts. It may well be noted that in the first part we have looked across ascertaining the legal validity of Restrictive Covenants.
This article pertains to Breach of Employment Contracts & Necessary safeguards for employers.
Restrictive covenants under the Employment Contract mean clauses that are incorporated in an Employment Contract in order to impose certain restrictions on the employees. These clauses are incorporated to safeguard and protect the business interests of the Company. This is the first part of a two-part series wherein we discuss about the legality of the restrictive covenants under the Employment Contracts. This article aims to ascertain the legal validity of such restrictive clauses.
The breach of contract occurs when the obligations in the contract are not fulfilled. There are certain obligations provided in the obligation clause of employment contract which has to be fulfilled, if it is not it will lead to a breach of contract.
By capping of liability, we mean stipulating a limit to the financial damages payable by a party to the contract, in the event of a breach. Commercial agreements of the current period have become very much advanced with various protective clauses, and one such clause is the “Liability Cap clause”.
Anticipatory breach or repudiation is a well-recognized concept in Indian courts and the law on it is fairly well settled. In instances of an anticipatory breach, it is at the discretion of the injured party being notified of the breach as to whether it wants to put an end to the contract or keep it alive for its benefit.
On May 31, 2023, the Securities and Exchange Board of India (SEBI) cancelled the Certificate of Registration of Karvy Stock Broking Limited (KSBL/ Company). This was a major blow to the Company, one of India’s leading stockbrokers, with over 2 million clients. This article analyses SEBI’s move, the Company’s acts and the laws surrounding the same. Further, it highlights the impact of this decision on investors.
The Code on Social Security (the Code), passed with a view to repeal and consolidate existing labor laws and facilitate ease of doing business, has introduced several changes in the Employees’ State Insurance (ESI) Scheme. This article brings forth the features pertaining to the ESI Scheme under the said Code, which proves crucial for both the employee(s) as well as the employer(s). A snippet of these features are as follows: