Legal System – Dutch Uncles

Tech Startup eSahayak.io Simplifying Government and Legal Documentations

Vaishali Das — Tue, 22 Jun 2021 05:30:25 +0000

With the launch of this Chandigarh-based tech startup, eSahayk.io, legal and governmental documentation work has become hassle-free and are ready at our fingertips. The startup eSahayak is a one-stop solution for getting all the government issued paperwork, from driving license, birth certificate, rent agreements to passport applications, NDAs, offer letter, etc. everything is accessible one tap away and is provided under one niche.

About eSahayak.io: Idea and Technology Used

In the post COVID world, when everything is going digital, the government and legal documentation work is still scattered and has not been digitized properly. The founders of eSahayak, Gourav Manchanda and Charanjit Singh, after trying their hands in the IT service sector during their college days and working for companies, providing them tech-based software, were struck with a product development idea in 2019. Later, they brainstormed on one of the tools, that is, documentation and focused on turning it into a viable venture. They established their platform in January 2021 and launched the final eSahayak portal in March 2021. The eSahayak platform is powered with an in-built technology Crove.app, a documentation engine providing customers with templates that can be used for hassle-free paperwork.

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eSahayak brings all the paperwork under one niche and provides a platform for all kinds of legal paperwork.

How eSahayak is easing the documentation process?

Government and legal documents are a complex process, having lots of third-party involvement and eventually creates a hectic environment. It also takes a lot of paperwork and generally the government portals and websites don’t work on smartphones. eSahayak brings all the paperwork under one niche and provides a platform for all kinds of legal paperwork. It also is working towards bringing each and every state in India online and thus providing an easy way out for the people to create their own forms and use it as per their requirements.

The platform has collaborated with CA, CS Firms and Lawyers for online documentation processes and is planning to connect with some offline agents as well who can break down the documentation process to the general public in offline mode too.

Future of These Startups

There are many other websites that are working under the same model but what makes eSahayak different is that it has its own documentation handling in-house technology which provide the users with the real-time status regarding repetitive documents. The startup is also simplifying the paperwork and easing out the way of accessing documents from one’s phone, with a simple form fill-up.

The need of documentation starts from the day of birth. This is one market that will never lose its importance as recorded data in the form of documents is something that is highly important in personal as well as business world. The startup eSahayak make sure that everything, starting from birth certificate to death certificate, all in between documentation process is hassle-free. It aims to become a one-stop platform in India for all kinds of legal documentation.

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Ice Cream or Frozen Dessert: What are you selling?

Shalmoli Sarkar — Thu, 03 Jun 2021 06:05:04 +0000

Apart from Nycil’s prickly heat powder commercials on TV, the arrival of summers in India is marked by the airing of ice cream commercials. Ice cream- a single scoop or cone that offers 90-100 ml of heavenly bliss without which we consider our summers or any party to be incomplete was suddenly faced with an identity crisis. In 2017, the Amul ice cream commercial sparked off a controversy where a series of commercials conveyed that desserts containing vegetable fats cannot be termed as ‘real’ ice cream. This portrayal of frozen dessert led HUL to file a lawsuit in Bombay high court claiming that Amul’s commercial was maligning their frozen dessert brand ‘Kwality Walls’.

Through this ice cream commercial of Amul, the consumers might have experienced an epiphany that several food brands, under the garb of ice-cream advertisements, were selling frozen desserts. But why would brands do that?

Frozen Desserts Vs Ice Creams – The Identity Dilemma

According to FSSAI, Ice creams are categorised under ‘dairy-based desserts /confections’ that can be further classified as plain, medium fat and low fat depending on the percentage of total solids, milk fat and milk protein used. Whereas frozen dessert/frozen confection is obtained by freezing a pasteurized mix prepared with milk fat and edible vegetable oils.

Also, the Prevention of Food Adulteration Rules, 1955, states that ice cream is a product that contains not less than 10 per cent of milk fat.

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According to FSSAI, Ice creams are ‘dairy-based desserts /confections’ that can be further classified as plain, medium fat and low fat depending on the percentage of total solids, milk fat and milk protein used.

Why are brands selling frozen desserts like ice creams?

The consumption of frozen desserts is said to come with negative effects on health. Its main ingredient being vegetable fat has an enormous amount of trans-fat that is the main driver of raising cholesterol levels and increases the risk of developing diabetes.

To fathom the fat present in frozen dessert, it is the same amount of fat ingredient present in our kitchen cooking oil. The very present vegetable oil in frozen desserts gives the texture and taste resembling ice cream. Manufacturers are aware of the fact that since it does not contain any dairy constituents, let us sell it masquerading as ice cream. The portrayal of frozen dessert in commercials leaves no stone unturned to make it look full with milk ingredients by splashing the bowl with milk and sometimes equating it with having a glass of milk itself. The desserts and ice cream category’s target group predominantly being children are channelised through parents who will be persuaded to buy frozen dessert if the ad script has an ‘it contains milk’ narrative.

Some brands do mention ‘frozen dessert’ but in a font size only to look unnoticeable on the packaging.

FSSAIs decision

In 2011, the Food Safety and Standards Authority of India (FSSAI) mandated that brands need to inform the customer whether the product they are consuming is ice cream or frozen dessert. It also wants food brands to label every pack of ice cream or frozen dessert if it is containing starch to have a declaration on the label as specified in regulation 2.7.1(2).

In western countries, food brands must label the trans-fat presence. Baskin Robbins, a global leader in the premium category of ice creams, uses an emblem to communicate the use of cow milk fats in its products.

What is it for food businesses selling ice creams?

In the digital era, consumers are surrounded by an abundance of information that makes them informed. Therefore, brands should not shy away from declaring and labeling the percentage of milk, fat, vegetable oil present in frozen desserts.

Correct labelling ensures transparency in communication that assures consumers that their favourite dessert is safe to consume. Any deviation found between labelling and the product can have legal implications that can be detrimental to the brand’s reputation.

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What is an Employment Agreement?

Roopali Kotwal — Thu, 06 May 2021 07:35:04 +0000

As you step into an entrepreneurship journey, you would need a team to support your dream and to build an organisation. You would need people to work with you so, hiring people with the required skill set will be the next course of action. Now, how do you ensure that a cordial relationship between two parties i.e. you as an employer and the employee/employees (individuals you hire) is established and a mutual trust is formed? How would you want the new recruits to work in your organisation? What is expected from an employee and what will they get in return and on what terms and conditions? The answer to all these questions is by having an employment agreement in place.

Employment Agreement: What it means?

Keeping a track of a verbal conversation regarding the association of an employer with an employee could be troublesome in the long run while building a community. Hence, the requirement to follow a standard way to build trust and understanding between the two parties i.e. the employer and the employee, a formal process of signing a document is created. With the help of a legal team, an employment agreement/contract is designed that states the expectations of the employer from an employee and the benefits and the wages that will be provided to an employee with the terms and conditions to be followed to avoid any dispute during the course of employment or later on. In short, a mutual agreement and expectation is set between both parties before the commencement of the employment. Thus, an employment agreement/contract defines the relationship between the employer and the employee through a written and legally binding document.

Employment Agreement: Who can enter?

An individual of stable and sound mind and reasoning is capable of entering into an agreement/contract. It is also important to understand that the agreement/contract is legitimate if it has not been created under any misrepresentation or undue influence. Thus, an individual with a sound mind willing to work can enter into a contract with the employer (that can be a corporate, non-profit organisation etc.).

Employment Agreement: Why is it required?

Employment agreement is the sole document that protects an employee or safeguards his/her legal rights. The document provides clarity and builds trust and mutual understanding between both the employee and the employer The rights and obligations of both parties are clearly defined in an employment agreement.

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The agreement or contract is legitimate if it has not been created under any misrepresentation or undue influence.

What are the mandatory clauses or terms and conditions?

Below are the clauses or terms and conditions which are mostly covered in an employment agreement or in an employment contract:

Designation

The designation or position at which the employee shall be working in the organisation is a part of the agreement/contract.

Date of Joining (DOJ)

DOJ is the date of commencement of the employment in the organisation.

Place of work

This section explains the location of employment. If an employee is required to work remotely or from a specific location in India as per the work requirement.

Remuneration/Salary and Bonus Eligibility

The agreement must contain the annual gross salary to be paid to the employee. This is an obligation of employment to prove remuneration for the services or work that will be performed by the employee during the employment period. However, adding a joining bonus or a minimum bonus amount based on employee performance or any incentives completely depends on the company policy.

Probation Period

With the probation clause, an employer gets time to review the decision if the hired employee is a right fit, understand the company culture code and is able to perform/behave as desired or meets the requirement of his/her role. Thus, a probation period of one month, three months or six months at times is enough for both the employer and employee to settle. And, if a replacement is required, the notice period process can be simplified as employment could be terminated from either side by giving a minimum notice period that us usually around 15 days or 1 month in probation period instead of 2 or 3 months’ notice period applicable for a confirmed employee.

Working Hours

This section defines how many hours an employee would need to put in for work on a weekly or monthly basis. This is usually designed by the HR team keeping in mind the requirement of the organisation and most importantly, following the labour law to ensure no employee is exploited. In fact, even the employee also justifies the salary received with the amount of time he/she dedicates at work.

Leave or Paid Time Off (PTO)

The number of paid days off at work are covered under the leave policy that is uniform for all its employees.

Duties

This clause does not always list the detailed job description or assignment; the employee will be working upon. However, it provides an insight into the possible work assignment that employee will take up post joining the organisation.

Dress Code

Having culture and setting an expectation for dressing code as per the company culture is important. So, setting the precedence since inception is a good idea especially if the work demands a formal dress code and a policy around it to adhere to.

Fringe Benefits

The employment contract or agreement may or may include all the fringe benefits such as health and dental insurance and retirement or pension benefits. The contract or agreement usually covers the health insurance provider and the beneficiary details. For instance, dependent spouse or dependent parents.

Notice Period

This is one important clause to ensure a minimum notice period is given by the employer to the employee and vice versa at the time of leaving the organisation or termination of the employment for any reason.

Amendment and Termination

Termination is a key clause and an essential part of the contract. The clause states the right of the employer to modify and terminate the employment as per the agreed notice period clause until there is a conflict of interest or any inappropriate behaviour based on ‘no tolerance company policy’. No tolerance activity performed by an employee can lead to his/her immediate termination. The termination of the employment can also happen when the employee volunteers to quit the organisation for his/her personal reasons by serving the minimum notice period as mentioned in his/her agreement or contract.

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The detailed clauses or terms and conditions not only protects the interest of an employer but also, mitigates the risk of unnecessary legal complications which may develop due to unclear documentation or intimation to the employee at any given point of time.

Indemnification

The process of compensation for any harm or loss by one party to another is indemnification. For instance, recovery amount of any training cost upon joining or any relocation expenses paid by the employer if an employee leaves before a minimum period of time or as desired by the organisation.

Intellectual Property Rights

Intellectual property created by the employer at their premises is an asset and belongs to the employer. For instance, huge cost and effort for training is incurred by an organisation. Hence, they have full right to save their intellectual property rights by all means.

Non-compete Clause

The clause limits the employee to open a similar business or to join any competitor for a limited time period after leaving the organisation. Also, the addition of this clause depends on the type of employment and the company business.

Non-disclosure and Confidentiality

As per the contract, the employee is legally bound to ensure no confidential information such as trade secrets, financial information and client details etc. are shared with any third person or with the competitors. This is one of the mandatory clauses in an employment agreement.

Employment Agreement: Why clauses are important?

No one wants to get into any legal hassle while running a company or wanting to scale their company business. Thus, the detailed clauses or terms and conditions not only protects the interest of an employer but also, mitigates the risk of unnecessary legal complications which may develop due to unclear documentation or intimation to the employee at any given point of time.

Offer Letter and Employment Agreement. Are they different?

Absolutely, an offer letter and an employment agreement/contract are different. There is a difference in legal validity. Offer letter contains the basic information like DOJ, location, salary but isn’t legally binding. However, an employment agreement is a legally binding contract between both the parties i.e. employer and employee. And, the agreement/contract must be signed by both parties to show consent on the stated terms and conditions.

Conclusion

The important note for an employer is that focus should not be only on filling up the vacant position or for an employee the idea should not be limited to get a job. Both parties should understand the agreement. Infact, acceptance of the agreement before the employment officially starts is an important factor to establish trust, provide clarity and consent between the employer and the employee. The legal binding protects the interests of both parties with proper documentation i.e. employment agreement/contract that contains essential terms and conditions enforceable in the court of law.
Entrepreneurs who are just starting off with their small new businesses must also understand the gravity and importance of building this trust with the employees they are going to hire. It is crucial to follow the latest employment laws/labour laws in India to ensure legal compliance. And, ensure to always run the contract through the legal department in case of any concern or changes required. The employment contract can be for an indefinite period of time but with clear termination and notice period clause or for a definite period of time with applicable law and Jurisdiction in case of any dispute that may arise particularly if an overseas employee is being hired and is working remotely for an employer in India.

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What is the Epidemic Diseases Act, 1897?

Roopali Kotwal — Tue, 04 May 2021 03:35:04 +0000

Epidemic Diseases Act, 1897/Epidemic Act was invoked by various States/Union Territories (UT) following the Pandemic in March 2020. But, it was followed by Amendments – being the need of the hour.

Epidemic Act: What it constitutes?

The Act came into existence to tackle bubonic plague in Mumbai during British India in 1897. The law was enforced in the past to contain several diseases like Swine Flu, Malaria and Dengue and Cholera as the ordinary acts were not sufficient to take the appropriate action. And the law continues to provide special powers under its provisions to the central and state government to implement containment measures at the time of spread of the disease/epidemic.

Epidemic Act: What are the Legal Provisions?

The Epidemic Act is the shortest act in India and has four sections. The legal provisions include:

Power to States/UT

As per Section 2 of the Act, the government has special provisions/measures to propose regulations to contain the spread of the epidemic disease.

Power to Central Government

Section 2A empowers the government to take measures/pass any regulation for the inspection of any ship/vessel arriving/leaving India at the time of outbreak of any disease/epidemic and detain any person with the intention to sail therein.

Penalty

Section 3 of the Act states, any person who disobeys an order or whose actions may harm human life and raises safety concerns shall be punished with imprisonment and fine as per section 188 of Indian Penal Code (IPC).

Protection to People

Section 4 of the act states, “No Suit/legal proceeding shall lie against any person for anything done or intended to be done in good faith.”

2020 Amendment: Why was it important?

The act provisions helped to manage Covid-19 but, to an extent. More than 123 years old, the Epidemic Act demanded modifications for many reasons specially to protect the incidents of violence being witnessed against the health care workers across the nation while they performed their duties during the Pandemic.
In 2020, the Central Government announced, ‘The Epidemic Diseases (Amendment) Ordinance 2020’, to change the act/to add provisions to punish whosoever conducts an ‘act of violence’ (harm/injury/hurt/intimidation/danger) against the health care workers – Doctors/Nurses/Paramedics/Accredited Social Health Activists (ASHA workers) etc. or obstructs them to perform their duties within the clinical premises or otherwise serving during the pandemic or any loss/damage to the property (hospitals/mobile medical units) or documents in their possession. The act recognizes these activities as a cognizable and non-bailable offence. Hence, anyone found guilty shall be imprisoned up to a period of 7 years with heavy fine and the investigation matter for such cases shall be conducted in a time-bound manner.

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More than 123 years old, Epidemic Diseases Act, 1897 demanded modification to protect the frequent incidents of violence being witnessed against the health care workers across the nation while they performed their duties during the Pandemic.

Epidemic Impact: What should you understand?

Covid-19 affected various sectors specifically, health, education and personal life. The Micro Small Medium Enterprise (MSME) sector saw the worst impact due to the lockdown. With the second wave of pandemic, the situation does not seem to get normal anytime soon resulting in the reintroduction of lockdown in many states/UTs and slowdown of the economy. The adversity is a big learning, particularly for MSMEs so they must focus on new avenues/innovate something that supports themselves and meet the evolving market needs to ensure their and nation’s economy wheel continues to move further even at the time of national crisis.

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