By Nitin Jain Section 105 of BNS renders every compliance manual immediately irrelevant. Device seizure signals a criminal investigation, not a regulatory inquiry. The Board's paperwork does not address the Investigating Officer's mandate. The compliance shield shatters at the moment of FIR registration. Criminal exposure for Directors ceased being theoretical after 2024. The shift in... Continue Reading →
Understanding the Labour Codes: A Legal Analysis
Labour jurisprudence in India has undergone a tectonic shift with the introduction of four Labour Codes, subsuming 29 statutes that govern employment relations. This consolidation reflects a legislative intent to streamline compliance, enhance workforce protections, and foster industrial harmony while ensuring India’s labour law regime aligns with global practices. Prior to the introduction of these... Continue Reading →
Employee Rights During Corporate Insolvency: Retention Plans and Legal Safeguards
Corporate insolvency creates a landscape fraught with uncertainty, particularly for employees whose livelihoods may be at stake. In this article, we will explore the legal protections available to employees, retention strategies to ensure that critical staff are retained, and the legal safeguards in place to protect employee rights during this tumultuous time. Employee Rights During... Continue Reading →
Model Standing Orders under Labour Codes: Accepting the changed dynamics
First published on Mondaq - June 2021 Introduction With the consolidation of several labour legislations into codes, the Industrial Employment (Standing Orders) Act, 1946 got subsumed into the Industrial Relations Code, 2020 (“IR Code”) with two other legislations. IR Code, under Section 29, confers powers on the Central Government to make Model Standing Orders (“MSO”)... Continue Reading →
High Value Employment Contracts – Nuances and Challenges
High value employment contracts are unique to the nature of employment and skills each such senior employee brings to the organisation based on their expertise and thus, there is no such standardised version of a Key Employee contract. In light of the expertise of such employees including the comprehensive nature of responsibilities expected from such employees it is without an iota of doubt, absolutely essential to put in place a written contract detailing the understanding with such employees.
Tamil Nadu Provides Creche Guidelines Under Maternity Law
The Government of Tamil Nadu vide notification no. SRO A-1/2021, has amended the Tamil Nadu Maternity Benefit Rules, 1967 (“Rules”) under the powers conferred by Section 28 of the Maternity Benefit Act, 1961. As per the amendment, a new Rule 6A has been inserted in the principal Rules which mandates every establishment with 50 or... Continue Reading →

