Advice Legal

Workplace conflicts may sometimes result in the overlapping of the true cause of the problem and a potential exploitation of the policy for personal gain. As per the employee harassment laws in India , organisations must take all grievances into consideration and conduct a fair investigation. However, at the same time, differentiating between real instances of harassment, blackmail or pressuring is imperative.   How to Spot A Genuine Workplace Harassment   True cases of harassment are characterised by the existence of any unwelcome act, which leads to the creation of a hostile or intimidating working environment. The POSH Act, 2013 , has defined sexual harassment and its guidelines.   Some of the typical features of harassment are as follows: ●        Persistence of the behaviour Conduct in the form of improper comment, gesture or advance even after being told about it. ●        Presence of dis...

The conflicting statements are a problem that is commonly encountered in cases of workplace harassment. Thus, when the statements of the complainant and respondent differ, the POSH Act Internal Committee must assess the situation to arrive at a conclusion. Understanding the Inquiry Framework The Inquiry procedure under the POSH Act is a framework to deal with cases of harassment. This procedure ensures that: ●        Both parties are given a hearing ●        Objectivity is applied to evaluate evidence ●        The decision is based on facts, not assumptions Roles and Responsibilities of the POSH Committee The roles and responsibilities of the POSH Act Internal Committee are well spelt out under the law, which include: ●        Ensuring equal opportunity to both parties ●        Maintaining confidentiality ●  ...

Facing an accusation under the POSH Act in the absence of evidence is always a tough situation for any manager to go through. Even though the law is set in place to protect the employees from the consequences of the Workplace harassment Act, India , certain provisions ensure the accused do not face arbitrary action. What is the Legal Framework Of The POSH Act The POSH Act, 2013, also known as the Workplace harassment Act of India, is a set of guidelines that control how cases related to workplace harassment are handled. The latest POSH Act developments and interpretation have highlighted the importance of: ●        Fair inquiry and investigation ●        Protection of the dignity of both parties ●        The use of evidence to arrive at a conclusion   Important Rights of the Manager Accused based on Lack of Evidence Managers who are accused but do not have substantial evidenc...

While the decision to divorce is highly emotional, the legal process does not have to be complicated. If you have been searching for a mutual divorce lawyer near me , you are obviously looking for a simple and uncomplicated way to divorce your spouse. The easiest form of divorce in India is the mutual consent divorce, in which the divorce is obtained without any conflict between the two parties. The Easiest Divorce Option Available in India The easiest form of divorce, which can be obtained within the shortest period of time, is the mutual consent divorce. This form of divorce occurs when the couple mutually agrees that the marriage has failed and decides to divorce each other amicably. Unlike other forms of divorce, which involve one of the parties filing for divorce against the other, the mutual divorce does not involve any kind of accusation or conflict between the two parties.   Divorce Process in India for Mutual Consent   The divorce process in India for m...

In business, not every partnership brings success. While working together, there may be disagreements regarding controls, financials, decision-making, management, or splitting profits. When there is a conflict, it is useful to know what your legal options are. An Indian corporate lawyer can explain to partners how to minimise legal harm to the business while resolving conflicts.   Causes of Partnership Disputes   Partnerships often fail due to a lack of understanding of what the requirements are or due to ambiguity in the contracts. Frequently seen are: ●        Distribution of profits causes disagreements. ●        Partnership funds being used for purposes not intended. ●        Violations of a partnership agreement. ●        Issues regarding roles, duties, or power. ●        Differences in opinions on the grow...

There are many reasons a business can suffer losses. Operational disruptions can come from data breaches, online fraud, contract breaches, or acts of professional negligence. Losses are often perceived as one of the many risks for business owners. However, this is not always true. In some cases, the law gives you the ability to pursue compensation for the harmful financial impacts. Knowing your legal options can prevent losses from becoming permanent.   What Is Considered a Business Loss?   When we consider a business loss, we may think of money stolen from an account. However, business losses can include:   ●        Lost revenue as a result of the disruption of services ●        Business data theft or misuse ●        Damage to the business reputation that affects sales ●        The cost to restore your business system following a cyber...