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Showing posts from May, 2025

Understanding Domestic Violence – It’s Not Just Physical

Understanding Domestic Violence – It’s Not Just Physical First things first. Many people believe domestic violence is limited to beatings or physical abuse. That’s a myth. Under The Protection of Women from Domestic Violence Act, 2005 , domestic violence includes: Physical abuse (hitting, slapping, pushing) Emotional and verbal abuse (insults, threats, humiliation) Sexual abuse Economic abuse (denying money, controlling earnings, restricting access to basic necessities) Even threats to commit these acts This law acknowledges that abuse isn't always visible. Mental trauma, financial control, and constant humiliation can be just as damaging as physical assault. Who Can Seek Protection Under the Law? The Act protects any woman who is, or has been, in a domestic relationship with the respondent (abuser). This includes: Wives Live-in partners Mothers, sisters, widows Women living in a joint family setup Importantly, the law doesn’t restrict protection only to married women. It covers...

Legal Benefits of Employee Contracts in Disputes

Legal Benefits of Employee Contracts in Disputes Why Smart Businesses Don’t Skip Written Agreements? Running a business means juggling many responsibilities — from managing customers to paying bills on time. But one thing that often gets overlooked, especially by small and medium-sized businesses, is having proper employee contracts in place . At first, it might seem like just more paperwork. But when trouble knocks — like an employee suddenly leaving or misusing company data — a well-drafted employee contract becomes your best friend. Let’s understand how these contracts help in real situations, especially during disputes.   What is an Employee Contract? In simple terms, an employee contract is a written agreement between the employer and the employee. It lays out things like: Job role and responsibilities Working hours and salary Leave policy Rules for leaving the company Confidentia...

Understanding Termination Laws and Severance Pay in India

 U nderstanding Termination Laws and Sev erance Pay in India Protect Your Business. Respect the Law. Letting go of an employee is never easy—for the employer or the employee. But when it's done without following the law, it can lead to serious legal trouble, court cases, and damage to your company’s reputation. At R.K. Bhandari & Co. , we help businesses across India handle terminations properly— legally, respectfully, and without risk . Whether it’s due to poor performance, misconduct, or downsizing, understanding termination laws and severance pay rules is crucial for every employer. What Does “Termination” Really Mean? Termination simply means ending the employer-employee relationship. This can happen in many ways: Employee resigns (voluntary) Company lets the employee go (involuntary) Job contract expires Layoffs or company closure When it’s the employer’s decision, the rules are stricter—and that's where compliance becomes ess...

Understanding Client-Attorney Privilege in Indian Law: What Every Client Should Know

Understanding Client-Attorney Privilege in Indian Law: What Every Client Should Know By Adv. Raj Kumar Bhandari Senior Advocate, Ludhiana Introduction: More Than Just Confidentiality In over three decades of practice, I’ve often come across clients who hesitate to speak freely during our first few meetings. They worry: “What if this information is used against me?” It’s a fair concern — and one that brings us to a very important principle in our legal system: Client-Attorney Privilege . This isn’t just a legal formality. It’s the backbone of trust between a lawyer and their client — and without trust, the justice system simply can't function. Let’s break it down in plain language — what this privilege means, what it covers, and what it doesn’t. What Is Client-Attorney Privilege? In simple terms, whatever you say to your lawyer in confidence stays confidential . This rule is laid down in Sections 126 to 129 of the Indian Evidence Act, 1872 . It means that neither a lawyer...

Understanding Gratuity Under Indian Labour Law: A Guide for Employers

Understanding Gratuity Under Indian Labour Law: A Guide for Employers Gratuity is more than just a statutory obligation—it’s a gesture of gratitude towards employees who’ve dedicated years to your organization. While many employers know the term, the how, when , and why of gratuity often lead to confusion. In this guide, we’ll break down the Payment of Gratuity Act, 1972, in simple terms, helping you stay compliant and build trust with your team. What Exactly is Gratuity? Gratuity is a lump-sum payment made to employees when they retire, resign, become disabled, or pass away. It’s not a bonus, but a reward for loyalty—specifically for employees who have completed 5+ years of continuous service . Fun Fact : The word gratuity comes from the Latin gratuitas , meaning "free gift." While it’s now legally mandated, it originally symbolized appreciation for an employee’s dedication. Who Gets Gratuity? To qualify for gratuity, an employee must meet two criteria: 5+ years...

The Importance of HR Policies for Employers

  The Importance of HR Policies for Employers Simple Rules. Strong Workplace. Safe Business. In every successful business, there’s more than just hard work — there’s structure. That structure comes from something many business owners often overlook: clear HR policies . At R.K. Bhandari & Co. , we help companies of all sizes build and follow the right set of rules for their team. These rules, known as HR policies , are important for smooth employee management, avoiding legal problems, and building a safe and productive workplace. What Are HR Policies? HR (Human Resource) policies are written rules about how employees and employers should behave at work. These include rules for: Working hours Leave and holidays Salary and benefits Discipline and misconduct Resignation and termination With the right policies in place, everyone knows what to expect. There’s less confusion, fewer arguments, and more focus on work. Why HR Policies ...

How to Know When It’s Time to Let Someone Go

How to Know When It’s Time to Let Someone Go Signs, steps, and legal advice for employers in India Letting go of an employee is never easy—but holding on to the wrong one can harm your business, team morale, and productivity. At R.K. Bhandari & Co. , we frequently guide employers through the legal termination process in India , ensuring decisions are both fair and compliant. If you're unsure whether it's time to make that call, here are some clear warning signs and steps to take before and after making a final decision. 🚩 Signs You Shouldn’t Ignore Consistently poor performance despite feedback and support Avoiding accountability and blaming others Lack of interest or engagement in work Resistance to change , feedback, or systems Tension and conflict with team members Violation of company policies or values These issues, when persistent, may indicate the employee is no longer a good fit for your team. ✅ What to Do Before Termination Termin...