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.
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.
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 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.
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.