Corporate Law

In the recent case of Sanjeev Mishra vs. Bank of Baroda , the Rajasthan High Court ("Court") has widened the scope of the term ‘workplace harassment’ to include online harassment. In this case, a complaint of sexual harassment was lodged against another employee working in a different State of the same bank. ......

The Apex Court, vide its order dated December 15, 2020, in Steel Authority of India Limited vs. Raghbendra Singh & Ors , propounded that there does not exist any constraint regarding withholding an employee’s gratuity against the recovery of dues from such employee, including penal rent, which in the instant case pertained to the overstay by the employee in official company provided accommodation. ......

Restrictions on competition through prohibitive non-compete clauses have become par for the course in most commercial agreements. These clauses are designed to protect the business interests of the party or parties, as the case may be, and corporates do indeed get very creative and the non-compete often becomes the subject of a thorough and substantial redline, especially between businesses involved in a similar vertical. ......

While the Code on Wages, 2019 (hereinafter referred to as “the Code”) received Presidential assent on August 08 2019 , the Government was yet to notify the effective date of the Code coming into force. The Code has unified and subsumed four different acts, namely the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976 (collectively “Existing Legislation”). ......

The effects of the COVID-19 pandemic on food services and systems worldwide have been unprecedented. No aspect of food systems has been left unaffected, be it in a surge of demand for a specific service or product or new and unexpected challenges in business models and operations. ......

The Foreign Contribution (Regulation) Act, 2010 ("FCRA") was enacted with the mandate of regulating the acceptance and utilisation of foreign contribution and prohibiting acceptance of the same for any activities detrimental to the national interest . The FCRA is primarily utilised to aid the activities of Non-Governmental Organisations (NGOs). ......

The simplicity of the Shakespearean adage ‘A Rose by any other name would smell just as sweet' unfortunately does not apply to the word ‘slump sale. While the corporate world is familiar with this word, its precise, legal definition is still under scrutiny. ......

The Social Security Code, 2020 ("SS Code") has been passed by both houses of the Parliament and received Presidential assent on September 28, 2020. The SS Code has been enacted to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors. ......

The Occupational Safety, Health and Working Conditions Code, 2020 ("OSH Code") received the President's assent on September 28, 2020 along with two other codes, all of which are yet to be notified by the Government. The OSH Code has subsumed several key pieces of legislation on the working conditions of labour and consolidated it into one comprehensive act, including, inter alia, the Contract Labour (Regulation and Abolition) Act, 1970, the Factories Act, 1948, etc. ......