Law Shastra

  Understanding the PoSH Act and Ensuring Governance Posted On EFI's blog - October 8, 2021 Series 2 – Perspective by Supreme Court/High Courts – illustrative case laws Written By:  Vasudevan V, Head, LAC, EFI General Counsel & ICC Member for Smollan-HUL JV, Certified Corporate Governance Professional & Member of Core Advocacy Committee – Retailers’ Association of India (RAI) I sincerely acknowledge and appreciate Advocate Bharat Goel, for his minute review of this series and value addition, to ensure that the readers get a better and holistically perspective on the subject matter. “ Though there are number of organizations conscious about the need to adopt appropriate policies and comply with the provisions of the PoSH Act, the most pressing concern that I have found is the lack of training on legal knowledge among the Internal Committee Members (IC) for conducting of an inquiry. Members of IC are usually found unable to conduct inquiries or appreciate evidence or draft ap

  Employees’ Compensation Act, 1923 (EC Act) – Does it provide compensation for pandemic, e.g., COVID     The EC Act, 1923 is a social welfare legislation that aims to provide payment to individuals employed in certain types of employment with expeditious compensation for injuries sustained in accidents during the course of their employment. It also provides exceptions for the employer’s liability, for example, where there is wilful disobedience or negligence on part of the employee. The Act also provides for a scheme of distribution of compensation to dependents in case of an employee’s death. In addition to the above, it provides criteria for computing the amount of compensation and liability of the insurer.   The act is applicable to employees/persons who are subject to the provisions of Section-2(1) (dd) which defines employees, this must be read with Schedule-II which provides greater clarity on who may be considered an employee for the purposes of the Act.