Insight - BCP Associates

POSH Alert | Nov 2019 : Conducting an Inquiry (Part – 2)

January 18, 2020December 31, 2019 by BCP Associates

In the first segment of this three-part series, we shared the general guidelines for conducting an Inquiry. This edition will provide a commentary on the rights and obligations of the Complainant and the Respondent. The Inquiry should begin with meeting the Complainant to understand her complaint in toto. It proceeds with informing both the Complainant …

Karnataka Maternity Benefit (Amendment) Rules, 2019: Thought out but not thought through

December 12, 2019December 12, 2019 by BCP Associates

The Karnataka Maternity Benefit (Amendment) Rules, 2019, brought into force on August 8, 2019, have introduced Rules 6(A), 6(B), 6(C) and 6(D) which mandate every employer to provide and maintain a creche, in consonance with Section 11A of the Maternity Benefit Act, 1961.[1]As amended by the Maternity Benefit (Amendment) Act, 2017 It lays down several …

POSH Alert | OCT 2019 : Conducting An Inquiry (Part – 1)

January 16, 2020November 30, 2019 by BCP Associates

We bring to you a three-part series on the nuances of conducting an Inquiry into a sexual harassment complaint. This edition will provide a commentary on the general guidelines. The subsequent editions will provide further insights. The Internal Committee (IC) is bound to make an Inquiry into the complaint of sexual harassment upon receipt of …

Supreme Court’s PF Judgment- An Increased Possibility of Prosecution

November 29, 2019November 29, 2019 by BCP Associates

The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) mandates every employer employing 20 or more persons to pay contribution in respect of members of the EPF Scheme employed by him directly or through a contractor. The Supreme Court of India in its recent judgment[1]RPFC(II) West Bengal vs. Vivekananda Vidyamandir & Ors. 2019 …

POSH Alert | Sep 2019 : Prerequisite Traits for nominating IC Members

October 30, 2019October 31, 2019 by BCP Associates

Under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Act”), the Internal Committee (“IC”) is the Redressal Mechanism empowered with the powers of a Civil Court for resolution of sexual harassment complaints. With such enormous powers vested, the biggest challenge before the employer is to nominate Internal Committee members whose responsibility …

Security Service Providers – Compliance Trends

October 31, 2019October 10, 2019 by BCP Associates

Security service providers perform a critical function in ensuring that the industry and its human and physical assets are kept safe. The operations of security service providers are governed by the Private Security Agencies Regulation Act, 2005 (PSARA). Labour law compliance is of utmost importance and adherence to the PSARA Act and several other applicable …

POSH Alert | Aug 2019 : Roles and Responsibilities of IC Members

September 30, 2019September 30, 2019 by BCP Associates

The purpose of constituting an Internal Committee as envisioned and prescribed per the law on Prevention of Sexual Harassment at Workplace is to create a healthy working environment that enables employees to work without fear or prejudice, gender bias and sexual harassment. The Internal Committee members are responsible and accountable for the role they play. …

Code on Wages, 2019 – Impact on the Indian Industry

September 3, 2019September 3, 2019 by BC Prabhakar (BCP)

Background and Intent

India’s labour laws were formulated and adopted during the pre and early post-independence days. At the time, these laws were written to govern factories and industries, which was the need of the day. These laws were archaic and did not meet the needs of modern day enterprises. Most of the labour laws had not been amended to keep with the times, despite repeated lobbying from industries and attempts by several prior governments, primarily due to the complexities existing within the Indian industry and the labour ecosystem.

POSH Alert | July 2019 : POSH @ Workplace – Evolving role of Senior Leadership

September 30, 2019August 31, 2019 by BCP Associates

Over the last couple of years, a significant number of employees have experienced some form of harassment at work, including Sexual Harassment. This was evidenced by the #MeToo movement sweeping social media for a large part of 2019 too. With time it is being increasingly proven that doing only the traditional mandatory sexual harassment training …

POSH Alert | June 2019 : Global Anti-Harassment Policies Vs. Local Laws – A perspective!

September 30, 2019July 31, 2019 by BCP Associates

Today’s global workplaces have undergone a dramatic shift in terms of culture, experiences and expectations. Many Organizations have taken it upon themselves to ensure their workplaces are free from harassment of any form. A pertinent question in this era of global operations then, is about the framing of policies, reporting procedures and redressal mechanisms, which …