There are no provisions in the Indian labour and employment laws which defines the term probation. As the word 'probation' suggests, it is the initial period of employment during which an employer can carefully consider whether a new member is able to meet the standards and expectations of the job and if they should be... Continue Reading →
The Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act and Rules: A step forward or a step backward? (Part 2)
Further to our Part I, this Part seeks to outline the key provisions with regards to enforcement under the Current Act and Rules and seeks to compare the legal positions of both the Previous and Current Acts and Rules. Enforcement Compounding of Offences Compounding of Offences is a new provision added in the Current Act... Continue Reading →
The Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act and Rules: A step forward or a step backward? (Part 1)
Introduction The Bombay Shops and Establishment Act, 1948 (“Previous Act”) and the Bombay Shops and Establishment Rules, 1961 (“Previous Rules”) have been repealed and replaced with the new Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act, 2017 (“Current Act”) and Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Rules, 2018 (“Current Rules”).... Continue Reading →
Cracking the code (Part 3): Interpreting the term “Dispute”
Further to our Part II, in this Part we have dealt with the interpretation of the term "Dispute" under the Code. The Code being a new legislation is going through several judicial tests and every test is leading to a new interpretation of the provisions of the Code resulting in inconsistency between them. Several judgements... Continue Reading →
DIPP’s major impetus towards ease of doing business in India
The Department of Industrial Policy and Promotion (“DIPP”) has vide Press Note No. 1 - 2018 Series (“Press Note 1”) sought to review the extant Foreign Direct Investment (“FDI”) policy on various sectors and has sought to incorporate several amendments to the Consolidated FDI Policy Circular of 2017 as amended from time to time (“FDI Policy”). These amendments will come into effect from the date they have been notified under the... Continue Reading →
Nomination vs Succession
Several controversies have been witnessed in the High Courts of India on the subject of nomination. Black’s Law Dictionary defines “Nomination” as an appointment or designation of a person to fill an office or discharge a duty and “Nominee” as a person who has been nominated or proposed for an office. A nominee is a... Continue Reading →
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