Publications

Navigating HR and Employment Laws in India requires a thorough understanding of the legal landscape and a commitment to compliance. By following the checklist outlined in this article, organisations can ensure they are legally compliant, protect employee rights, and minimize the risk of legal disputes. Proactive adherence to HR and Employment Laws not only establishes a positive work environment but also promotes a culture of fairness, equality, and employee well-being.

The POSH Act applies to all workplaces in India, including government organisations, private sector, hospitality or nursing homes, sports institutes/facilities, or a dwelling place or house safeguarding the rights of women who are employed or visit any workplace, irrespective of their employment status.

The concept of moonlighting has become a major talk of the corporate town, and with the recent take of Mr. Sandip Patel, MD, IBM India, we get a hint of this trend gaining momentum amongst the peers in the tech industry. He dissuaded employees from siding with moonlighting if the interests of the company are at stake. He emphasized on following the due process, if at all, employees wish to take up side jobs but his internal note terms moonlighting as a violation of trust, policy and creates a potential conflict of interest. It is clear from his views that companies really have important concerns and are finding themselves at the cross-roads although there might be the necessary bending going on, on the inside to accommodate the interests of both the employers and the employees.

We are penning this article to give the readers a brief outlook on the potential advantages in respect of the structuring of an investment via compulsorily convertible debentures in comparison to other pure equity instruments.

Through this brief article, we aim to provide a gist of the registration and licensing requirements for an entity engaged in peer-to-peer lending in India in addition to the prudential and reporting requirements in such respect.

This article speaks on the salient differences between the exercise of a ‘Right of First Refusal’ and a ‘Right of First Offer’.

Often used together, Private Equity (PE) and Venture Capital (VC) are different concepts pertaining to infusion of capital through equity purchase by investors. Thought to be similar concepts, PE and VC differ from each other in their basics. With the focus to invest in companies possessing ideas or expansion related plans or simply with a view of getting a profitable exit, citing the growth prospect of the investee companies, this article aims to explain the concept of PE and VC, along with laying down the differences between the concepts and finally explaining in brief, the legal mechanisms that govern PE and VC.

This article amongst other aspects highlights the reasons for the prominence of a ‘slump sale’ in respect of the structuring of asset purchase arrangements and the landmark judicial precedents) underpinning such reasons.

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.