by Aggarwals Associates | Feb 27, 2021 | General
Employment policies mean for policies framed for the working conditions of the employees in organization. There are numerous employed policies which are required to be set up for any company or organization. These policies are also known as HR policies. These policies are required to be framed by keeping in view the new labour law legislations i.e. Industrial Relations Code, 2020, the Code on Social Security, 2020 and Occupational Safety, Health and Working Conditions Code, 2020. In simplest terms, it defines the code of conduct, procedures and rules of the company that every employee needs to follow.
What is the need of HR policies?
The HR policies plays phenomenal role in relationship between employer and employee. These are mean of communication between employer and employee. Besides this, this helps senior management of any organization in better decision making. Moreover, it brings transparency in work process and makes employees more productive. Furthermore, it guides the company in a strategic way so that no complications may arise in future during the course of business.
What should be included in the HR policies?
The employment policies require due diligence while preparing so that company or organization may not have to face difficulties in future. There are some important factors which are required to be taken into consideration while framing the policies related to the employees. These are enumerated below:-
- Working Hour: – HR policies must include the working days and hours of the employees. It must state the information related to overtime benefits, additional hours for work. These working hours’ rules must be drafted in accordance with the existing labour laws in India.
- Leave Policy: – Company must contain the provisions related to allowed annual leaves, maternity leave, sick leaves and paid leaves granted to the employees. Besides this, percentage deduction from salary for un-paid leaves must also be a part of such policy.
- Code of Conduct: – It contains the vision, ethics and the mission of the organization. And aimed to build and maintain the right business environment for employees. The HR policy of any organization must frame the code of conduct that the employees have to abide by while working with each other.
- Payment of wages: – Employees must be paid according to the rules prescribed under employment law. The manner of payment of wages and other related things must be a part of employment policy of any organization.
- Internal relations: – The Company must ensure to lay down rules concerned with interpersonal relationships and business interactions between employers and employees. It must define the role and responsibility of employees in supervisory positions and their ability to influence other employees during and after office hours.
- Hiring Process: – The organization must state hiring process in its HR policy like the probation period, probation assessment procedure after which an employee may be hired as a permanent employee of such organization.
- Grievance redressal mechanism: – Mentioning of mechanism which can dispose of the complaints of the employees is also an integral part of employment policy of any company. Job harassment and other issues which may arise during the course of employment should be resolved through redressal procedure. Moreover, the policy must also state the procedure for disposal of complaints raised by the employees and establishment of the grievance redressal committee.
- Health and safety: – Safety policies include safety and emergency procedures and require employees to report work related injuries immediately. The Occupational Safety, Health and Working Conditions Code, 2020 makes it mandatory for employers to have specific policies and programmes at place of employment if hazardous work exist therein.
- Confidentiality: – During the course of employment there are lots of instances where employees may have access to the confidential information of the company. Therefore, rules to protect such confidential information are required to be part of employment policy. It must be a part of the employment contract if employee entering so has to sign the Non-Disclosure Agreement relating to confidential information of the company.
Why HR policies are important?
These policies are enacted so that no conflict may arise between employer and employee during the course of employment. An employee can initiate legal course against employer who does not follow the HR policies. Furthermore, it settled a base through which employees can be managed well and situations can be handled. After this, existence of such policies ensures compliance with employment legislations and informs employees of their responsibilities and expectation of the company.
Conclusion:-
Employment policies enlighten employees and employers on how to handle a range of employment issues. Thus, plays a phenomenal role in practically and effectively implementing an organization’s goals. Without these policies, employees might get confused about organization’s culture and expectations. These policies and procedures should be transparent and applicable to all employees regardless of status in order to keep the employees on same page.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Feb 26, 2021 | General
The model of franchising business is now emerging as a lucrative business for prospective entrepreneurs. It is a process according to that an entity called as franchisor gives opportunity to existing or would-be entrepreneurs to use its business model in different location for some time period. Unique and well-reputed entities use this way to maximize their profit.
Meaning of franchising:-
Indian law does not define the concept of franchising. According to Black’s Law Dictionary, “a franchise is a license from the owner of trademark or trade name permitting another to sell a product or service under that name or mark.” In simple terms, it is an innovative method of distributing products or services. The two parties are involved in this process i.e. franchisor and franchisee.
Who is Franchisor?
Franchisor may be a person or a company who grants its licence to third party for conducting business under its brand name or trade name. Franchisor owns trademark rights and other rights and allows that third party to use those rights during the conduct of business.
Who is called Franchisee?
Franchisee is someone who purchases the rights to use an already existing company’s brand name, trademarks and business model. Franchise pays royalty and initial fee for doing such business under the franchisor’s name and business model.
Who can franchise in India?
Any kind of business entity or an individual can franchise in India. Even a foreign business entity can into franchise business in India. It is most preferred route adopted by foreign entities to expand their business in India.
What are laws governing franchising in India?
In India there is no specific law regulating the franchising process. Howbeit, there are some laws and regulations that can be made applicable to franchising such as contract law, competition law, consumer protection law, intellectual property rights, taxation law and so on.
Let’s put some light on the provisions of these laws which regulates the franchising process in India:-
Indian Contract Act: – All the contracts and agreements in India are governed by Indian Contract Act. The Act provides the essentials of valid contracts and agreements. It regulates the fundamentals of contractual obligations such as offer, acceptance and consideration etc. between the franchisor and franchisee.
Competition Law: – This piece of legislation strict the big franchise from creating monopoly in the market. The provisions of this law prohibit arrangements related to production, supply, distribution and storage of goods which are likely to cause adverse effect on competition within the territory of India.
Consumer Protection Act: – This Act provides safeguards to the consumer against multifarious unfair trade practices. In case of any defect in the product or deficiency in services, a consumer can file complaint against both the franchisee as well as franchisor.
Intellectual Property Laws: – The Trademark Act, Patent Act, Copyright Act and Design Act govern the intellectual property aspects involved in a franchising process. The identification of any brand is protected under the Trademark Act and in same context food recipe of any brand can be protected under the Patent Act.
The Foreign Exchange Management Act: – This law came into picture when there is involvement of foreign currency or assets. International brands such as McDonalds’, KFC, Subway, Adidas Originals and so on are covered under the ambit of this legislation. As per new rules Govt. of India abolishes number of prior restrictions on foreign franchisors’ ability to charge certain fees without government approval.
Income Tax Act: – The tax matters relating to franchise business such as tax on royalties or franchise fee and so are regulated by the Income Tax Act. The Act also covers the aspects of international franchising.
What is to be included in franchise agreement?
For enforceability and to avoid any future hassle, there are some provisions which are required to be specified in the franchise agreement. These basic components of the franchise agreement are given below:-
- Scope and subject matter of the agreement
- Licensing and protection of intellectual property rights
- Obligations of the franchisor
- Obligations of the franchisee
- Consideration i.e. franchise fee and royalty
- Tax provisions
- Termination of the agreement and its repercussions
- Indemnification
- Arbitration clause
- Governing law
- Jurisdiction
Conclusion:
The rapid growth of Indian economy attracts many foreign entrepreneurs to invest in franchising business in India. Before entering into franchising it is vital to know the about the things involved into it. A franchisor and franchisee both must have adequate knowledge about the legal complexities before entering into tie up.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Feb 25, 2021 | General
A workplace should be a place where health, safety and welfare of employees are the priority of the occupier. Every employer shall ensure that workplace is free from hazards which cause or likely to cause injury or occupational disease to the employees.The establishment should be a place where employees feel safe to work and learn. To ensure that every employer will follow the standards of a safe workplace the government has enacted the Occupational Safety, Health and Working Conditions Code, 2020 after repealing 13 major laws such as The Factories Act 1948, The Mines Act 1952, The Working Journalists (Fixation of Rates of Wages) Act 1958, etc.
What does term “Employee” means?
“Employee” means a person employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial administrative, technical, clerical, or any other work, whether the terms of employment are express or implied. Thus, “Employee” includes workers and all other individuals earning wages for any work. However, it exempts member of the Armed Forces of the Union.
What does term “Establishment” means?
An establishment is a place where any industry, trade, business, manufacturing or occupation is carried on in which ten or more workers are employed.
What are the Obligations of the Employer?
- It is the duty of the employer to check whether the workplace is free from hazards which can cause injury or occupational disease to the employee.
- To provide annual health test free of costs to employees of such age or class as prescribed by the Government.
- To maintain a working environment which is safe and without risk to the health of the employees.
- To ensure the disposal of hazardous and toxic waste.
- To allow regular breaks to the employee to maintain a safe working environment.
- To ensure absence of risk to health in connection with the use, handling, storage and transport of articles and substances.
- To provide such information, instruction, training and supervision to the employees which are necessary for ensuring safety at work.
- To issue letter of appointment to the employees
- To ensure no charge is levied on the employee for maintenance of safety and health at workplace.
What are the rights of the Employee?
- The employee has the right to obtain information relating to employee’s health and safety at work from the employer.
- If any employee has reasonable apprehension that there is a likelihood of imminent serious personal injury or death or imminent danger to health. It is his duty to report the same to his employer.
Health, Safety and Working Conditions-
The Central Government may prescribe for providing the following necessities in the establishment-
- Adequate facilities for bathing places and lockers for male, female and transgender employees separately.
- Adequate first aid boxes or cupboards with contents readily accessible during all working hours.
- Regular check on facilities related to cleanliness and hygiene.
- Environment free from dust, noxious gas, fumes and other impurities.
- Adequate standard of humidification, artificially increasing the humidity of the air, ventilation and cooling of the air in work rooms.
- Potable drinking water.
- Adequate standards to prevent overcrowding and to provide sufficient space to employees or other persons employed therein.
- Adequate lighting.
- Sufficient arrangement for latrine and urinal accommodation to male, female and transgender employee separately and maintaining hygiene therein.
- Effective arrangements for treatment of wastes and effluents.
Welfare of Women-
- Women can be employed for all type of work in all establishment and they can also work before 6 a.m. and beyond 7 p.m. subject to the conditions relating to their safety, holidays, working hours, etc.
- The government can also take precaution or restrict the working environment of a pregnant woman in the manufacturing process.
Working Hours-
- No employee is required to work more than eight hours in a day.
- In case of mines, workers will work below ground in the system of shifts so arranged that the period of work for each shift is not spread over more than the daily maximum hours as notified by the government.
Conclusion-
The Government enacted the code at the right time when the workers have been treated worse during the pandemic. The code simplified several previous laws into a single law; so that no confusion is left about the right of the workers.Thus, the exploitation of innocent workers may stop.
-Shrinkhla
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Feb 23, 2021 | General
Although the motor vehicle has enhanced the life of people but the benefits have come with a price. The number of fatal and disabling road accidents increases with the rise of numbers of vehicle on the road. As a developing nation, India is no exception. Thus the Motor Vehicle Act, 1988 was implemented with the purpose of enhancing road safety and providing compensation to victim in case of loss of life or limb because of the accidents by motor vehicle.
In the Judgment of Manjusri Raha v/s B.L. Gupta [1977 SCR (2) 944], the Hon’ble Justice Fazal Ali observed that at a time when we are on the way to progress and prosperity, our country can ill-afford to lose so many precious lives every year for though the percentage of deaths caused by motor accidents in other countries is high, in our own country the same is not by any means negligible, but is a factor to be reckoned with.
Factors Contributing Motor Vehicle Accidents
Most of the people are aware of the general traffic and safety rules while using the roads but it is only carelessness or error on the part of the human which cause the fatal and damaging accidents. The following are the factors which contributes majorly in the road accidents-
- Over speeding- Faster the vehicle, more prone to accident.
- Drink & Drive- Alcohol reduces concentration and also hampers vision due to dizziness. It reduces fear and incite individual to take risks. Therefore, consumption of alcohol when mixed with driving, it may result in misfortune.
- Distraction-Though distraction while driving could be minor but it can cause major accidents. Distraction to the driver could be outside or inside the vehicle. The act of division of brain hampers reaction time and ability of judgment. Some of the distractions while driving on the road are:
- Talking on mobile phone
- Adjusting mirrors, stereo in vehicle
- Smoking cigarette
- Animals on the road
- Banners and Billboards
- Breaking of traffic rules-Individuals who do not follow the traffic rules while driving for instance safety gears such as helmet and seat belts and jumps red light lead themselves into a dangerous situation which mostly results into casualty. It is very common that vehicles cross without caring for the light, which puts them in danger of clashing with other vehicle. The idea behind red light jumping is saving time and fuel. A person who jumps the red light not only jeopardizes his life and property but also the safety of the public at road.
- Condition of the road-Roads should be well maintained and defects such as potholes or damaged roads are one of the causes due to which chances of accidents increases.
- Weather Conditions- Such as fog, mist, rain also increases the chances of the clashes between the two vehicles.
- Overcapacity- Sometimes people ignore the capacity of the vehicle and overload it which unfortunately results in clashing of vehicles only due to unbalance of the overloaded vehicle.
Motor Accidents Claim Tribunal
Motor Accidents Claims Tribunal has been constituted under the Motor Vehicles Act, 1988. It deals with claims relating to loss of life or property and injury cases resulting from motor accidents. It has been constituted to provide speedier remedy to the victims of accidents. The tribunal takes away the jurisdiction of the civil courts in the matter relating to motor accidents.
Who can claim compensation?
- The person who has sustained the injury.
- The Owner of the damaged vehicle or property.
- All or any legal representative of the deceased who died in the accident.
- Any agent duly authorized by the injured person or by his legal representatives.
Which Court has Jurisdiction for the compensation claim?
A claim petition can be filed before a judicial officer who is not below the rank of a District Judge or who is qualified to be a Judge of the Hon’ble High Court. The tribunal must have the jurisdiction over the area in which the accident occurred or within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction respondent resides.
Application of Limitation
There is no time limitation prescribed for filing claim petition under Motor Vehicle Act. However, unusual delay will require an explanation by the Tribunal.
Right to Appeal
Any person aggrieved by the decision of the Motor Accidents Claim tribunal can appeal before the Hon’ble High Court of the respective state. The appeal can be made within period of 90 days from the date of award of the tribunal. If the Hon’ble High Court is satisfied that the appellant was prevented by sufficient cause it may condone appeal after the expiry of the 90 days period.
What are the principles applicable for claiming the compensation?
- Principle of no fault liability- Section 140 of the Motor Vehicles Act provides that if any accidents results in death or permanent disablement of any person then the owner of vehicle are liable to pay compensation to such person. The owner of the vehicle liable to give compensation cannot refuse to do so by reason of wrongful act, neglect or default of the person whose death or permanent disablement has occurred. Even the quantum of compensation recoverable cannot be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.
- Compensation on Structured Formula Basis-Section 163 A of the Motor Vehicles Act that if any accidents results in death or permanent disablement of any person then the owner of the motor vehicle or the authorized insurer is liable to pay compensation as per the Second Schedule of the said Act to the victim or the legal representation of the person whose death or permanent disablement has occurred.
- Compensation in case of hit and run motor accident
- Section 161 of the Motor Vehicles Act provides the meaning of Hit and run motor accident as an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.
- As the identity of the owner or vehicle is not traceable in such circumstances a fixed amount of compensation is provided to the victim or his legal representatives from the funds created by the government.
Factors for assessment of compensation-
In the State of Haryana v/s Jasbir Kaur[(2003) 7 SCC 484], the Hon’ble Supreme Court held that the tribunal is required to determine the amount of compensation which should be ‘just and reasonable’ according to the damage or injuries sustained by the victim of the motor accident. The factors consider by the tribunal while calculating compensation are following-
- Age of the deceased
- Period of active career
- Annual contribution to the family
- Dependents in the family
- Medical treatment and funeral Cost if any
In the recent judgment of Erudhaya Priya v/s State Express Transport on July 2020 the Hon’ble Supreme Court held that it is necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method for compensation to the victim or legal representative of the victim.
Conclusion
The need of the hour is to reduce the increasing numbers of the accidents which need to be tackled by a multi-disciplinary approach. The approach to implement the rules and regulations should be effective and strictly implemented. Individuals should have awareness regarding the consequences of the after effects of such incidents mentally and physically. Mere celebration of the annual Road safety week does not serve the purpose. People should learn to show consideration and respect to other people driving and walking so that our roads become safer.
–Shrinkhla
Associate at Aggarwals & Associates, SAS Nagar, Mohali
by Aggarwals Associates | Feb 22, 2021 | Criminal Lawyers
Justice is the main ingredient required in criminal cases. However, in the event of injustice, the legal machinery is set into motion. The only person who can safeguard your rights and provide justice before the court is the criminal lawyer. Aggarwals & Associates is a premier law firm in Chandigarh with tailored criminal lawyers. Our criminal lawyers in Chandigarh can assist you in defending your rights in criminal litigation. It is germane to find a competent criminal lawyer who can provide speedy justice to you. We assure you a high rate of success while representing your case before the court of law. If you are a victim of any persecution then you can turn to us.
Who can protect your rights?
It is appropriate to say that only a lawyer can protect your best interests. Along with that, a lawyer must be experienced and well conversant with the technicalities of criminal law. Our law firm provides an eminent team of criminal lawyers in Chandigarh who can help you if any injustice has been caused to you or to your close ones. We are able to present or defend your case in an effective manner so that you can avail speedy justice.
Who is a Criminal Lawyer?
Criminal lawyers are specialized in the defense of an individual or any other entity charged with a criminal offense. They are responsible to protect the legal rights of a person facing such proceedings. Hiring an experienced lawyer plays a phenomenal role during litigation because only a competent lawyer can reduce complexities in your matter.
Our vision:-
We are being virtuous law firm in Chandigarh that aims to serve our prospective clientele with the best-suited result. We have a team of eminent criminal lawyers in Chandigarh who are able to analyze your case and provide a positive outcome by presenting your case efficiently. The firm strongly believes in professionalism and maintains a higher standard of confidentiality while making deals with clients.
Our practice areas in criminal litigation:-
We, Aggarwals & Associates are top-notch criminal lawyers and services in all kinds of criminal litigation. We are of the view that the practice area must be expanded so that more and more prospective clients may be served in their litigation. We offer our services in the following areas of criminal practice:-
- Regular bail
- Anticipatory bail
- Suspension of sentence
- Quashing of FIR/Criminal complaints/PO orders
- Compromise quashing
- Criminal writ petition
- Criminal revision
- Criminal appeal
- Company related criminal cases
- Cases related to NDPS Act
- Drafting and filing of criminal complaints
- Protection of life and liberty
- Dowry harassment cases
- Cases of Prevention of Corruption Act
Why turn to us?
Eminent and diligent team: – Our team is a blend of youth and experience who are enough to handle your complex matter. We leave not even a single iota of complaint about your case. The team is highly experienced to give you tailored solutions.
Transparency and honest advice: – We are obligated for transparency in dealings with clients. We believe in giving honest advice to clients rather than misleading them by making false promises.
Problem-solving attitude: – Our problem-solving attitude helps clients to reach their goals. Our team members are true problem solvers and capable to understand your case from every aspect to give you the best-suited outcome.
Strong oratory skills: – Oratory skills play a vital role in litigation. Our team members have good command over oratory skills and able to present your case effectively before the court.
Professionalism: – We are committed to maintaining professionalism in client-attorney relationships. All the team members are professionals and obligated for fair representation before the court of law.
Recent Comments