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Shardul Amarchand Mangaldas & Co, among India’s pre-eminent law firms, is built on a century of excellence. As one of India’s marquee law firms, we…
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Shardul Amarchand Mangaldas & Co | India | 10 Sep 2021

Five-year journey of IBC

In 2015 the Bankruptcy Law Reform Committee proposed an overhaul and streamlining of insolvency law, which led to the enactment of the Insolvency and Bankruptcy Code 2016, with the twofold objective of time-bound insolvency resolution and value maximisation. However, the past five years have not been easy for stakeholders – huge haircuts for lenders and severely prolonged corporate insolvency......
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Shardul Amarchand Mangaldas & Co | India | 12 Feb 2020

Rainbow workplaces: Transgender Persons Act

The Transgender Persons Act came into force with effect from 10 January 2020 and aims to protect transgender persons' rights and welfare, particularly with regard to employment. Among other things, employers must ensure that transgender employees face no discrimination in matters relating to employment, including recruitment, promotion and other related issues.
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Shardul Amarchand Mangaldas & Co | India | 4 Dec 2019

Regulating India's gig economy

The Ministry of Labour and Employment recently published the draft Code on Social Security 2019 in an attempt to amalgamate, simplify and rationalise the laws on social security. Notably, the code has introduced the concept of gig and platform workers to Indian labour law. In its current form, the code does not specify the extent of employers' obligations but merely lays out a framework. The......
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Shardul Amarchand Mangaldas & Co | India | 25 Sep 2019

Provident fund liability: EPFO to the rescue

The Employees' Provident Fund Organisation recently directed the provident fund authorities not to initiate inquiries into employers' previous wage structures on the assumption that certain allowances might not have been treated by employers as basic wages for the purposes of provident fund contributions. Such inquiries had been prompted by the Supreme Court's decision in Vivekananda, which......
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Shardul Amarchand Mangaldas & Co | India | 21 Aug 2019

Haryana government makes compliance with Standing Orders Act mandatory for other registrations

The Haryana state government recently issued a notification under the Standing Orders Act and introduced a new requirement for principal employers and contractors to file an undertaking of compliance with the act. While the 2019 notification aims to ensure the effective enforcement of the act, employers may perceive the move to require compliance a condition precedent to obtaining......
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Shardul Amarchand Mangaldas & Co | India | 10 Jul 2019

Keeping up with the times: EPF goes digital

The employees' provident fund is a social security fund comprising contributions from employers and employees, which are paid to employees on their retirement. The entire process is administered by the Employees' Provident Fund Organisation (EPFO), which is a statutory body established by the Ministry of Labour and Employment. To keep up with digitisation, the EPFO recently updated the......
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Shardul Amarchand Mangaldas & Co | India | 3 Jul 2019

Casting a wider net – ESI rates amended

The Employees' State Insurance (ESI) (Central) Rules 1950 were recently amended to reduce the required rates of contribution to the statutory fund maintained by the ESI Corporation for the provision of sickness and health benefits. The aim of this change is to cast a wider net by expanding social security coverage to a larger part of the population. However, news reports indicate that – as is......
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Shardul Amarchand Mangaldas & Co | India | 19 Jun 2019

To compete or not to compete – that is the question

Non-compete restrictions are the tool most commonly used by employers to protect their proprietary interests following the end of an employment relationship, particularly in the case of C-suite employees. However, non-compete restrictions which apply beyond the term of an employment relationship are generally unenforceable in India. That said, this does not mean that employers have no......
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Shardul Amarchand Mangaldas & Co | India | 24 Apr 2019

Supreme Court rules on whether special allowances constitute basic wages for purposes of PF contributions

The Supreme Court recently examined whether certain components of an employee's overall salary are subject to provident fund (PF) contributions. As the Supreme Court has clarified that special allowances paid to employees must be included in the calculation of PF contributions, employers should review and analyse their current salary structures to determine any increase in PF liabilities.
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Shardul Amarchand Mangaldas & Co | India | 22 Aug 2018

Reducing minimum period of unemployment to withdraw provident fund accumulations

The Central Board of Trustees of the Employees' Provident Fund Organisation recently approved a proposal to permit provident fund members to withdraw 75% of their accumulations after a period of one month of continuous unemployment instead of two months. The proposal would come into effect when the Employees' Provident Funds and Miscellaneous Provisions Act and the Employees' Provident Funds......
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