18 September 2020

Corporate Amicus: April 2020


Coronavirus: Employer and employee relationship
By Sonia Abrol and Vidhi Madan

The lockdown throughout the country, as a preventive measure for containing the virus, has raised several questions on the business and employment front across sectors which now need to carefully review their existing employee protection and safety policies, strategies and procedures. Deliberating on the responsibilities of the employer and the employees, the article in this issue of Corporate Amicus also elaborates on the concept of “Work from home” (WFH), while discussing some issues like confidentiality and data security, tracking of productivity and performance levels, and working hours, which need to be taken care of by the employers while implementing WFH. Further, the authors also elaborately discuss various laws like the Factories Act, the Disaster Management Act and the Epidemic Disease Act while concluding that the companies should, even at the end of the lockdown, put in place various safeguards to protect themselves as well as their employees till the effect of COVID-19 is wiped off. The authors believe that the policies developed by the companies and organisations will prove valuable during these trying times and as well as in the future...

Notifications and Circulars

  • Companies Fresh Start Scheme, 2020
  • LLP Settlement Scheme, 2020
  • Banking companies exempt from specific provisions of Competition Act, 2002
  • RBI guidelines on regulation of Payment Aggregators and Payment Gateways
  • MCA Advisory for “Work from Home”
  • Securities Contracts (Regulation) (Amendment) Rules, 2020 – Listing of SVR shares
  • Covid-19 relief activities – Clarifications on spending CSR funds
  • Special Measures under Companies Act 2013 and Limited Liability Act, 2008 in the view of Covid-19 outbreak
  • Covid-19 – Regulatory package by Reserve Bank of India
  • MCA allows for Board meetings to be held via video-conferencing – Procedure also laid down for holding EGMs through video conferencing or through other audio visual means

Ratio decidendi

  • RBI circular imposing ban on trading in cryptocurrency quashed – Supreme Court
  • Period of limitation under Insolvency and Bankruptcy Code starts ticking from date of default – NCLAT, Delhi

News Nuggets

  • Limitation for execution of foreign decree – Supreme Court clarifies
  • Pre-deposit of amount of debt due mandatory to entertain appeal under Section 18 of SARFAESI Act
  • Electronics manufacturing – Ministry of Electronics and Information Technology notifies two incentive schemes
  • COVID-19 – Extension of limitation for filing in all courts/tribunals
  • Competition Commission – Measures in view of COVID-19 pandemic
  • Department of Telecom – Relaxation in terms and conditions of Other Service Providers (OSPs)
  • NCLAT – Excluding lockdown period for counting time of resolution process under Section 12 of IBC
  • Withdrawal of non-refundable advance – Employees’ Provident Funds Scheme amended
  • Constitution of NCLAT, Chennai Bench
  • Mineral Laws (Amendment) Act, 2020 notified
  • Insolvency and Bankruptcy Code (Amendment) Act, 2020 notified

April, 2020/Issue-103 April, 2020/Issue-103

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