Sexual harassment is a serious issue that can leave lasting scars on both the victim and the accused. However, defining and identifying it can be surprisingly tricky. Many men facing sexual harassment complaints express confusion, often due to the ambiguity surrounding the issue. Unlike blatant physical assault, sexual harassment often exists in a grey area where intentions blur and interpretations clash. Why is Sexual Harassment so complicated? Several factors contribute to the complexity of assessing sexual harassment: Subjectivity of Perception: One person's playful banter ..read more

In India, the journey towards gender equality in the workplace has been fraught with challenges, one of the most persistent being the wrongful termination of female employees during or on account of maternity. The Maternity Benefit Act, 1961 a social welfare and benevolent legislation aimed at safeguarding the rights of women during pregnancy and childbirth. However, despite these legal provisions, instances of employers exploiting loopholes to terminate female employees during and post-maternity leave are rampant.  Employers often justify such actions by citing organizational restructur ..read more

The success of a business is not solely determined by its product or service; rather, it is often intricately linked to the harmony among its shareholders. A well-drafted shareholders' agreement can help prevent conflict and ensure the smooth operation of the company. Two crucial provisions within such agreements are the Right of First Offer (ROFO) and the Right of First Refusal (ROFR). These provisions, while seemingly similar in their focus on the transfer of shares, possess distinct functionalities and present unique advantages and disadvantages. Let's explore how each provision works ..read more

As the year 2023 approaches its end, organizations face a flurry of compliance submissions and filings spanning December and January. Among the crucial obligations during this period is the submission of the Prevention of Sexual Harassment (POSH) annual report for the preceding calendar year mandated under the Sexual Harassment (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act. Due by January 31, this report holds significance as it must be filed by the organisation’s ICC committee with their respective State-appointed district welfare officer. Compliance with ..read more

In the complex landscape of venture capital and private equity transactions, the inclusion of various protective provisions is crucial to safeguard the interests of investors. One such provision that holds significant weight is the liquidation preference clause. This contractual safeguard ensures that investors have a certain level of protection in the event of a company's liquidation or sale. However, the enforceability of liquidation preference clauses is a nuanced topic, often requiring careful consideration and negotiation during the drafting of transaction documents. So, what exactly is ..read more

Introduction Mediation is a process by which the parties attempt to resolve their disputes through discussions and negotiations, which is facilitated by a third party, namely, a mediator. Unlike traditional litigation or arbitration, mediators do not issue judgments but facilitate the parties to reach mutually beneficial solutions. Mediation seeks not just to adjudicate rights but to achieve complete and final dispute resolution. Start-ups frequently encounter disputes or conflicts in their business relationships, whether with other parties they collaborate with, work for, or receive services ..read more

Introduction: The President of India on 11 August 2023 granted assent to the Digital Personal Data Protection Bill, 2023, This bill has officially transformed into law, marking the culmination of a decade-long process for establishing a comprehensive data protection framework for India. The Act applies to the processing of digital personal data within India where such data is collected online, or collected offline and is digitized. It will also apply to such processing outside India even if it is for offering goods or services in India. It is essential to emphasize that the Act is fundamentall ..read more

Introduction In today's business landscape, the Micro and Small Enterprises (MSEs) sector in our country grapples with an array of challenges. Among these, the persistent issue of significant payment delays from buyers, particularly those affiliated with public sector undertakings (PSUs), has emerged as a critical concern. These delays trigger detrimental working capital cycles for small and medium enterprises, subsequently fostering an environment where these entities are at risk of transitioning into non-performing assets (NPAs). Recognizing the gravity of this situation and its potential im ..read more

Introduction: Determining whether a worker is an employee, or an independent contractor can be a complex task for organizations. However, Indian courts have provided specific criteria to aid in accurate classification. This article explores the important factors considered by Indian courts in distinguishing between employees and independent contractors and provides practical tips for organizations to avoid misclassification pitfalls. Understanding the Distinction: In most organizations, two distinct groups of workers exist employees and independent contractors. Employees are full-time workers ..read more

There is a common misconception among many people that harassment only happens in a physical workplace setting. Some also assume that the digital environment is a safer space because there is no physical interaction between employees. As a result, many underplay the importance of implementing a Prevention of Sexual Harassment (POSH) policy in virtual settings. Even when organizations implement such policies, they may fail to review and revise their existing sexual harassment policies to clearly explain the applicability of sexual harassment laws to virtual spaces and the consequences of viola ..read more