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Vendor Due Diligence: A prospective investment for the future – a check to reduce risk in labour law compliance

Vendor Due Diligence: A prospective investment for the future – a check to reduce risk in labour law compliance

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In a highly competitive market where businesses operate, to acquire the right vendor for the organization often the process of Vendor due diligence rests primitively to eliminate any possible risk in partnering with a potential vendor. It could either be buyer-side due diligence or seller-side due diligence, before partnering with a client.  Why is vendor due diligence assessment necessary? To understand the organization’s legal stability, reputation, threats, or any other issues that are related to an entity's compliance, vendor due diligence becomes an imperative tool. The comprehensive process varies according to the business operation modules and aligns with the frequency of the risk management.  What are the objectives? Having a successful vendor associate is a necessity rather than a want in today’s business world. The due diligence process gives a…
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Conveyance allowance cannot be part of Wages under ESI ACT

Conveyance allowance cannot be part of Wages under ESI ACT

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Employees’ State Insurance Corporation (Minister of Labour & Employment, Govt. of India) Sub: SLP No.811/2021 in the matter of ESIC V/s M/s. Texmo  The Supreme Court has confirmed that Travelling Allowances should not be considered as part of wages for the purpose of calculating ESI dues.  This comes into effect from 8th March 2021.  Reference: Supreme Court judgment on conveyance allowance
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Haryana State Employment of Local Candidates Act, 2020: 75% of the reservation to locals in private Jobs.

Haryana State Employment of Local Candidates Act, 2020: 75% of the reservation to locals in private Jobs.

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The Haryana Government passed a notification on 6th of November 2021 which has confirmed that it will be applicable to private sector companies, societies, trusts, limited liability partnership firms, partnership firms, and any entity that employs 10 or more persons on salary, wages, or other remuneration for the purpose of manufacturing, carrying on business or rendering any service in Haryana to ensure that they engage 75% of local Staff ( Nativity of Haryana ) for the jobs that offer Gross salary less than 30,000/- This comes into effect from 15th January 2022.  Reference : [1] Haryana state employment of local candidates, [2] Haryana state employment of local candidates.  
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Outsource non-core functions to win

Outsource non-core functions to win

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How interrelated are the functions of any department in an organization? Are they interlinked? How do they function individually and as a cluster of interdependent functionalities? How can one manage all of them, or a few of them while outsourcing non-core-related work to win their game? Let us understand here - It’s like this: imagine yourself as the head of a corporation, even before ideating the very purpose, you would tend to understand the product/ services, what you look at solving to give back to the target audiences, capturing the percentage of market share, the way forward plan and also the expansion strategies. So, how could you understand the functionalities to achieve each of these objectives and to bank on purposes making it stronger and to strengthen your base and…
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A startup’s guide to statutory compliance

A startup’s guide to statutory compliance

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In the emerging Start-up ecosystem in the country, compliances scalability is emerging as an important parameter in determining the success or failure of the organization! In the past, owing to many social and technological advancements, there has been a significant rise in the number of start-ups in a bid to affirm their identity in the industry.  All the successful start-ups in India, such as SWIGGY in food delivery, OYO in hospitality, OLA in travel, and PAYTM in finance, have had robust Statutory Compliance support, for their success.  In theory, regulatory compliance indirectly shapes and supports the goal that organizations aspire to achieve and the steps taken to comply with the relevant laws and regulations. In India, it is always a tricky part to comply with all the laws and regulations…
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Differentiation between Student and Employee Status of Student rainees of Educational Technical Institutes Recognized by Central  State Government.

Differentiation between Student and Employee Status of Student rainees of Educational Technical Institutes Recognized by Central State Government.

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The Employees provident fund and miscellaneous act 1952, has made it clear a relationship does not exist between employer employees, who are on industrial or on the job training as an integral component of a recognized course of an Educational/Technical institute which is recognized by the Central/State Government or any other authority constituted by the Central/State Government. Hence, the payment of the stipend, if any, provided by the industry to such Student/ Trainees do not attract the provisions of the Employee Provident Funds & Miscellaneous Provisions Act, 1952. However, for the students getting placed in the companies and appointed as employees of establishment, Employee Provident Funds & Miscellaneous Provisions Act, 1952 will be applicable on such employees even during on-the-job training/induction/other training taken after becoming an employee. Find the attached…
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Aadhaar – UAN Linking: Delhi HC extends the deadline.

Aadhaar – UAN Linking: Delhi HC extends the deadline.

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Delhi High Court has extended the Aadhar linking with the Universal Account Number (UAN) for EPFO (Employees Provident Fund Organization) subscribers till November 30th, 2021.  It said “In so far as those persons for whom the Aadhaar number seeding is yet to take place are concerned, the date for completing the seeding and verification shall stand extended till November 30, 2021. In the meantime, employers shall be permitted to deposit the provident funds in respect of employees for whom seeding has not taken place and no coercive measures shall be taken against them for non-seeding of Aadhaar numbers with UANs,”  Any Employer/Employee who is facing issues in regards to linking the Aadhaar can contact the Grievance Redressal officer at :  Mr. Harsh Kaushik, Deputy Director (Information Service) Email ID: ecr.help@epfindia.gov.in.
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