Study Compliance

Dual Employment in India

Dual Employment

Dual Employment’ or ‘Double Employment’ means holding two employments at the same time or we may also express it as “when an employee holds a full-time position and payroll with one employer and takes on an additional employment with another employer
Consequences Of Dual Employment:
1.     The efficiency of the employee will go down because he may be too tired by handling two jobs at a time.
2.     The second job may interfere with the first job or first with the second.
3.     There may be chances of breach of confidentiality.
4.     There may be conflict of interest.
5.     Various issues as Fatigue, poor attentiveness etc may arise.
Dual Employment under various laws in India:

1.      Section 60 in The Factories Act, 1948
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. (Annexure-A)

2.     Section 65 The Bombay Shops & Establishments Act, 1961
Sec 65: Restriction of double employment on a holiday or during leave
No employee shall work in any establishment, nor shall any employee knowingly permit an employee to work in any establishment, on a day on which the employee is given holiday or is on leave in accordance with provisions of this Act. (Annexure-B)
3. Section 9 of The Delhi Shops and Establishments Act:
No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act. (Annexure-C)
4.    Under Industrial Employment (standing Orders) Act,1946

In terms of model standing orders number 8 under schedule IA of central rules A workman shall not at any time work against the interest of industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer. (Annexure-D)
5.     Under PF Law:
PF can be deposited from 2 or more organizations for an employee with same UAN number. There is no restriction.

6.    Under Income Tax:
There is no restriction under taxation laws. TDS will be deposited by both organizations.
7.   Companies which are not covered under The Factories Act, 1948 & Shop and establishment Act:  
 Contract of Service:
Employees which are not covered under the Shops & Establishment Act and the Industrial Dispute Act is governed by the Contract of Service, which states that the employee would not engage himself in any alternate profession, business etc. during his course of employment. (Annexure-E)

Negative covenants:
Negative covenants clause is a clause in the agreement of service which contains negative covenants restricting the employee from working elsewhere during/after the period covered by the agreement.

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Sexual Harassment at workplace

Image result for Sexual harassment

Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (commonly known as POSH Act) was notified on 23rd April, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Rules, 2013 were notified on 9th Dec, 2013 (jointly referred to as “Sexual Harassment Laws”).

Applicability of the Act:

Apply to all Employers (viz. individuals, partnerships, LLPs or Companies) in India irrespective of the size, scale, nature of industry or location.

What is Sexual Harassment?
  1. Physical contact and advances; or
  2. A demand or request for sexual favours; or
  3. Making sexually colored remarks; or
  4. Showing pornography; or
  5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Events which deemed to be Sexual Harassment
  1. Implied or explicit promise of preferential treatment in her employment; or
  2. Implied or explicit threat of detrimental treatment in her employment; or
  3. Implied or explicit threat about her present or future employment status; or
  4. Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
  5. Humiliating treatment likely to affect her health or safety

Compliance's under Sexual Harassment Laws
  1. Constituting an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
  2. The ICC needs to have an external representation from an NGO or a Lawyer or a person having knowledge and experience in such areas.
  3. Drafting of the Sexual Harassment Policy and approval of the same by the Board.
  4. Convening meetings of the Internal Complaints Committee as and when required
  5. Filing of Annual Return under the Act
  6. To conduct awareness workshops for the employees and orientation programmes for the ICC in accordance with the Act
  7. Investigation of the Complaints made to the Committee and submitting a report thereto;
  8. Assistance by the Company to the complainant in filing of FIR or complaint to the police, if required
  9. Reporting the complaints received and disposed off, in the Board’s Report along with annual Financial Statements

Penalty for Non Compliance

Non compliance of the provisions of the POSH Act may lead to a penalty of Rs. 50,000 or cancellation of business license.

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Compliant Against Insurance Companies

How to make a complaint

If you are unhappy with your insurance company
  • Approach the Grievance Redressal Officer of its branch or any other office that you deal with. Click here for mail ids of Grievance Redressal Officers, GRO, of all insurance companies
  • Give your complaint in writing along with the necessary support documents
  • Take a written acknowledgement of your complaint with the date.
The insurance company should deal with your complaint within 15 days.
  • If that does not happen or if you are unhappy with their solution you can:
    • Approach the Grievance Redressal Cell of the Consumer Affairs Department of IRDA:
      • Call Toll Free Number 155255 (or) 1800 4254 732 or
      • Send an e-mail to
    • Make use of the Integrated Grievance Management System:
  • Send a letter to IRDAI with your complaint:
    • Click here to download Complaint Registration Form
    • Fill and send the Complaint Registration Form along with any letter or enclosures, if felt necessary, by post or courier to:
The General Manager,
Consumer Affairs Department - Grievance Redressal Cell, 
Insurance Regulatory and Development Authority of India (IRDAI)
3-5-817/818, United India Towers, 9th Floor,
Hyderguda, Basheerbagh, 
Hyderabad – 500 029

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Cheque Bounce Process


For the Knowledge, who is involved in the cases of Section 138 Negotiable Instrument Act, must know the following Procedure of Law: 
1.      Cheque should be deposit within three month from the date of Issue of Cheque.

       2.      If cheque credited in Bank Account then no matter, but in case cheque bounce due to any reason then Drawer is liable under Negotiable Instrument Act, 1881. Cheque bounce also a criminal offence.

       3.      Section 138 NI act is effective and fast remedy to recover the cheque amount.

      4.      In case cheque bounce, Drawee should send legal notice within 30 days from the date of Bank Memo which received from bank with all facts.

       5.     In legal notice, drawer’s have 15 days time to the payment of the cheque amount.

        6.  In case the said payment is made within 15 days of service of notice then the matter ends, but in case the said payment is not made within 15 days then the Drawee shall file Suit in the court against the drawer within 30 days from the expiry of notice period of 15 days.
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How to Calculate House Rent Allowance ?

Note on House Rent Allowance 

Employees  receive a house rent allowance (HRA) from their employers as a part of the salary , in accordance with the terms and conditions of employment. HRA is given to meet the cost of a rented house taken by the employee. 

The Income Tax Act allows for deduction in respect of the HRA paid to employees. The exemption on HRA is covered under Section 10(13A) of the Income Tax Act and Rule 2A of the Income Tax Rules. It is to be noted that the entire HRA is not deductible. HRA is an allowance and is subject to income tax.

Employee can claim exemption on his HRA under the Income Tax Act if he stays in a rented house and is in receipt of HRA from his employer. In order to claim the deduction, an employee must actually pay rent for the house which he occupies. The rented premises must not be owned by him. 

In case one stays in an own house, nothing is deductible and the entire amount of HRA received is subject to tax. 

As long as the rented house is not owned by the assessee, the exemption of HRA will be available up to the the minimum of the following three options:
1.      1.   Actual house rent allowance received from your employer
2.       2. Actual house rent paid by you minus 10% of your basic salary
3.       3. 50% of your basic salary if you live in a metro or 40% of your basic salary if you live in a non-metro -

This minimum of above is allowed as income tax exemption on house rent allowance.

Salary here means basic salary which includes dearness allowance if the terms of employment provide for it, and commission based on a fixed percentage of turnover achieved by the employee. The deduction will be available only for the period during which the rented house is occupied by the employee and not for any period after that.
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Intermediary under the Information and Technology Act, 2000

Intermediary under the Information and Technology Act, 2000

    We are living in networked society where we are interconnected with each other through mobile and Internet. We generate large volume of data using computers, mobiles which in turn is handled by the number of entities. Such entities are commonly known as service providers, which inter alia include mobile service providers, Internet service providers, social networking sites etc. with the increase in usage of Mobile and internet, Service providers have assumed more importance as we are dependent on them for various duties in our day-to-day life. Such service providers are known as intermediaries. Email service providers such as Gmail, Hotmail, rediffmail, Outlook, over the top (OTT) service provider likely you tube, Netflix, search engines like Google, Yahoo are intermediary. As we are becoming more and more dependent on computers, computer resources the role of service provider as intermediary has become significant. Furthermore, with the advent of Internet of things (IOT) intermediary has become more significant as they handle data generated by us. While handling data in the ordinary course they also deal with our personal and sensitive information.  The concept of intermediaries has developed very fast. Various countries have defined intermediary in different ways. The definition of intermediary provided under Indian law is very exhaustive. It includes all type entities which use computers, computer resources, networks for their business
    In the light of the above it has become pertinent and necessary to analyze and understand the concept of intermediary. 
    As per free dictionary Intermediary means a person who acts as a mediator or agent between parties.
    As per Oxford Dictionary- Intermediary means helping other people or organizations to make an agreement by being a means of communication between them 
    In general, an intermediary is a person or service that is involved as a third party between two or more end points in a communication or transaction.  
    Intermediary under Section 2(I) (w) of the Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 
     "intermediary", with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes;
    The Information Technology Amendment Act 2008 has clarified the definition of intermediary by specifically including the Telecom service providers, internet service providers, web-hosting service providers in the definition of intermediaries. Further search engines, online-payment sites, online auction sites, online market places and cyber cafes are also included in the definition of intermediary. In respect of electronic records, it also includes any person who on behalf of another person receives, stores or transmits that record or to increase with respect to the court. The definition is illustrative and includes all kind of service providers within its ambit. This part of the definition is very wide and includes all and any entity including hospitals, IT Companies, Banks, Govt organisations and various other service providing organizations, who receives, process, stores and transmit electronic record.
    Internet service providers provide access to the internet including internet telephony service provider, Internet television;
    Telecom Service Providers provide mobile and traditional phone services;
    Web hosting service providers who provide web hosting services by providing space on servers;
    Search engines which allow users to search the enquiries to Internet;
    Online marketplace which provide platform for sale or purchase of items;
    Online auction sites provide selling facility through bidding;
    online payment sites which facilitate online payment through digital Internet and other means;
    Cyber cafes are places which offers internet access to the public in their ordinary course of business;
    Network Service Providers are various kinds of service providers who provide service using network. 
     The definition of Intermediary is very wide and encompass within its scope almost all kind of service providers who provides any service related to Computer, computer resources, communication devices, computer networks. Therefore, all such service providers are qualified as ‘Intermediary’.
     This article is intended to provide a general guide to the subject matter. Expert advice should be sought about specific circumstances.

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    Corporate Compliance :

    Corporate Compliance helps us in many ways. Its's need of time. Benefits are as under.
    • Quality improvements. A good compliance program should help prevent errors or failures before they occur or detect then at an early stage, which reduces the need to repeat or re-do tasks. Saving time and the need for re-work obviously contributes to a company’s bottom line.
    • Greater Efficiency. Although everyone, no matter the industry, is seeking efficiencies to improve returns to stakeholders few people think about compliance in the context of such operational efficiency.   But we have found the more compliance is embedded in the DNA of business operations, rather than soiled in a separate department or function, the more efficient tasks become.
    • Trust and Brand Loyalty. Having in place a clear, effective and broadly communicated compliance program helps you signal to key stakeholders that compliance is a top priority for your company. It shows your commitment to doing business the right way, to the highest ethical standards. It demonstrates your expertise related to all relevant laws and regulations. Customers, employees and vendors seeing this commitment have a higher overall feeling of trust in you and such trust, studies have shown, breeds brand loyalty.
    • Risk Management. All companies face significant strategic, operational, financial and other risks and those risks are multiplied in highly regulated industries .By compliance management risk can be minimized. 
    Compliance is not a cost. It's the charge to safeguard your organizational interest.

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