Section 66A – No More Handcuffing of Freedom Speech & Expression
May 2015
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To strengthen the value of fundamental rights, Robert H. Jackson the former Associate Justice of the Supreme Court of the United States once said that, “Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.”
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Demystifying the Mind block to Legal Compliance Management
April 2015
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The HR manager in a 500-crore manufacturing unit approached the recently appointed President with a request to sign a form declaring the President as the “occupier”. The President, quite understandably, felt insulted that he should be called the “occupier’ when he held the designation of ‘President’. He also could not understand the need for such a form. Not being able to comprehend the law and its procedural requirements, and not being able to fully trust his manager, he undertook the rather futile task of trying to read the relevant
sections of the Factories Act himself. After a considerable waste of time, he eventually signed the form, unconvinced and apprehensive about its implications.
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Employee Retention Vis-à-Vis. Statutory Deductions
March 2015
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Worldwide, employers have been adopting creative and complex systems of offering benefits and services to employees to attract and retain talent. Flippo1 in his book summarized the sources of the rapid growth of such
programmes due to:
(i) Labour Union demands,
(ii) Changed employee attitude,
(iii) Government requirements,
(iv) Period wage control that freeze wages but permit the offering of services as a substitute for wage increases,
(v) High company income tax, deductible expense items, of recent, called the “hidden payroll”.
Many employees, especially those earning wages below the stipulated ceiling of ` 15,000 per month, would want to increase their take home salary as much as possible. Corporations would prefer to increase reimbursement and allowances without leading to proportionate increase in employer’s contributions towards Employee Provident Fund (EPF) under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act), and Employee State Insurance (ESI) under the Employee State Insurance Act, 1948 (ESI Act).
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Goods & Services Tax De-Mystifying Queries
Faburary 2015
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What is Goods And Service Tax(GST)?
GST is a tax on goods and services with value addition at each stage having comprehensive and continuous chain of set of benefits from the producer's/ service provider's point up to the retailer's level where only the final consumer would bear the tax Goods and Service Tax(GST) is a multi-stage consuption tax imposed on a board range of goods and services. it is levied o each transaction in the value chain but born ultimately by the end consumer who uses the goods or services.
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In Conversation With: Neeraj Basur, Chief Financial Officer, Blue Star
January 2015
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Blue Star is amongst one of the oldest listed companies in India. It has been in existence for over 70 years now. Over the past years,Blue Star has seen a major spike in its business financials as well. This long,sustained and profitable growth has been achieved on the basis of its strong value systems, focus on ethical business practices and also treating its employees and customers in a fair and professional manner. Therefore, compliance with all applicable laws, regulations and enactments that impact Blue Star’s business is firmly embedded in the business model and conduct of business operations. With the rapid scale of changes in laws and changing compliance requirements in the Indian economic and business landscape, ensuring that the business remains updated with all contemporary compliance requirements have become even more important for the company.
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Rising Concerns in Media and Entertainment Industry Entertainment Tax
December 2014
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Media & Entertainment Industry is one of the fastest developing sectors in India. Starting with the experimental telecast of Doordarshan in 1959 today this industry has evolved a long way. It is widely spread through various mediums including Radio, Television, Film, Videos etc. With the transition of media and entertainment spectrum from physical to digital channel, distribution and consumption of digital content has triggered as one of the major challenges in the Industry. The content storage has evolved from physical medium to now giving consumers limitless access to data largely circulated online through internet, mobiles, tablets and several other multiplatform offerings. The biggest question arising in front of producers is how to manage and streamline the digital content, curtail copyright infringement and address other intellectual property right issues.
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Empirical Issues Faced By The Employer During Industrial Disputes
November 2014
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Prior to the independence of India, disputes between an employer and an employee were being settled under the Trade Dispute Act, 1929 which was enacted by the British Government. The said Act did not provide apt dispute settlement nor spoke about legal strikes and lockout, hence post-independence, Industrial Disputes Act, 1947 was passed to meet the lacunas of the earlier Act.
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Behind The Disrupt & Mayhem of The Contract Workers
October 2014
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Contractual work is the most critical element of any industry yet the most exploited segment. The industrial unrest with such workers is due to lack of job and social security, exploitation in the hands of contractors, low wages, unequal treatment compared to permanent workers. Statistics show that contracted workers represent 55% of public sector workforce, 45% in private sector, 45 % in Government Sector and 69% in cooperatives, trusts and societies. Yet 90% of them are without health insurance and other basic benefits and amenities.
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Contract Labour Creating Legal Awareness
September 2014
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Importance of contractual Work and obJectIve behind formulatIng the contract labour (regulatIon and abolItIon) act 1970
Contracted labourers have been the major part of workforce throughout industrialization of India and have led to increase in cost efficiency and reduction in direct liability for the Company. Contractual employments include loading and nloading of goods and materials, canteen or catering services, security services, civil and construction works, housekeeping services, maintenance, etc. Due to continuous exploitation of contract workers, need was felt to safeguard the interests of the Contract workers, leading to formulation of Contract labour (regulation and abolition) act 1970. The drafters intended to give the contract labourers equal status with the permanent workers of the establishment in terms of minimum wages, welfare policies and amenities.
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