Recovering monies from an Employee by making deductions from pay (INDIA)
Introduction Relationships exist with a give and take policy. It may be master-servant, principle-agent, employer-employee etc. Only when an employee works for his master, follows his orders and finishes his task as instructed the employer has a duty to give him/her salary or wages for his service. The payment of wages and salaries in India […]
Corporate Social Responsibility – Regulatory Framework
Introduction While there isn’t one universally agreed-upon definition of corporate social responsibility (CSR), every existing definition acknowledges the influence businesses have on society and the societal expectations placed upon them. Initially rooted in philanthropic endeavors like corporate donations, charity, and relief work, CSR has expanded worldwide to encompass various related concepts. These include the triple […]
How Companies are tracking Moonlighting – An in-depth analysis.
Introduction Moonlighting refers to full or part-time employment in addition to a primary job. It is generally undertaken without informing the primary employer. It is typically done ‘under the moon’, that is, at night or on weekends. The moonlighter contends that they are exercising their freedom of choice. On the other hand, the employer has […]
Grounds under which an Arbitral Award can be refused for enforcement – Domestic and International Perspectives
Introduction Arbitration is an alternative dispute resolution mechanism. It is chosen for many factors, including saving time and costs or confidentiality. In an arbitration, the arbitral tribunal renders an arbitral award. This award is enforced through the court’s coercive mechanisms in the same way as a court decree is. In India, arbitration is governed by […]
Enforcement of International Contracts
The enforcement of International Contract (i.e. a legally binding agreement between parties, based in different countries, in which they are obligated to do or not do certain things[i]) is necessary to ensure that the parties involved fulfill their obligations and honor the terms agreed upon in the contract. The enforcement of international contracts is essential […]
Labour Laws: Application To Child Labour And Industrial Employment
INTRODUCTION The Labour laws in India are a comprehensive set of legislation designed to protect the rights and welfare of workers and employees. With a rich history rooted in social justice and economic development, labor laws in India aim to create a fair and equitable working environment for millions of workers across different sectors and […]
Benefits of Trademark Registration in India
A trademark is a form of intellectual property that refers to an easily recognizable word or combination of letters or words, symbol, slogan, tagline or sign denoting a specific product and it helps differentiate it from all other products of the same kind. Trademarks are typically used to establish the exclusive identity over a product, […]
Key amendments introduced by the Ministry of Corporate Affairs (MCA) to accelerate the process of Fast Track Merger in India
In a significant move aimed at expediting the merger process under Section 233 of the Companies Act 2013 read with Rule 25 of Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, the MCA has recently issued the Companies (Compromises, Arrangements, and Amalgamations) Amendment Rules, 2023 with effect from 15th day of June, 2023 vide notification, numbered […]
Juvenile Justice (Care and Protection of Children) Act, 2015
This Act came into force on January 15, 2016 replacing The Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter “the Act”) was enacted to consolidate and amend the law relating to children alleged and found to be in conflict with law and children […]
Registration of NGOs in India
Introduction A Non-Governmental Organisation (NGO) is an organisation with a clear and definite social cause or program engaged in activities that seek the upliftment of society. NGOs neither refer to a for-profit business nor form a part of the government. They are state-independent groups that function voluntarily to help society with agendas that include but […]