Enforceability of Restrictive Covenants and Asset Protection

          Protecting proprietary assets, sourcecodes, trade secrets, and client databases is essential to maintaining a competitive edge in knowledge-driven industries. However, contract law often maintains a strong public policy stance against agreements that unreasonably restrain trade or employment. Drafting restrictive covenants—such as non-competes, non-solicitation, and non-disclosure clauses—requires precise legal balancing to ensure they stand up in court.

Under many legal frameworks, post-employment non-compete clauses are heavily restricted or considered void by courts. However, restrictive covenants operating during active employment—including anti-moonlighting provisions—are fully enforceable. Advisory guidance ensures companies structure employment agreements that legally prohibit employees from undertaking parallel commercial ventures or consulting for direct competitors while on payroll.

On the other hand, non-solicitation provisions protecting client accounts and company talent remain enforceable if they are reasonable in duration, scope, and geography. Employment legal principles assist in framing these clauses so that departing employees cannot poach key team members or divert established client relationships to a competitor.

Intellectual Property (IP) assignment clauses form another vital pillar of asset protection. Contracts must clearly stipulate that all inventions, technical designs, software codes, and operational manuals created during employment automatically vest with the employer, leaving no room for ownership disputes later.

Next Step:

To fortify your employment contracts andprotect your proprietary assets, consult an employment lawyer.

The Transgender Persons (Protection of Rights) Act, 2019 - Kanchan Khatana & Associates

 Are you in Compliance as a "Company"​ with the Transgender Persons (Protection of Rights) Act, 2019

On December 5, 2019, the Central Government published in the official gazette the Transgender Persons (Protection of Rights) Act, 2019 ("Act"), six years after the Supreme Court recognized gender identity as one of life's most fundamental aspects in the celebrated case of National Legal Services Authority v. Union of India, W.P. Civil No 604 of 2013. The Transgender Persons (Protection of Rights) Rules, 2020 ("Rules"), were notified on September 25, 2020, with effect from January 10, 2020, via notification bearing no. S.O. 135 (E) of even date.

 1. The Act applies to any corporation, body corporate, association, or body of individuals, firm, cooperative, or other society, association, trust, agency, or institution that is founded by or under a Central Act or a State Act. As a result, even private businesses are required to follow the Act's rules.

2. Key Compliance Requirements

2.1  No discrimination against transgender people in the workplace, including recruiting, promotion, and other related concerns. In this regard, the Rules mandate that every establishment post an equal opportunity policy for transgender people, together with information on support networks, as required by the Act.

2.2  Infrastructure (such as unisex toilets), safety and security measures (such as transportation and guards), and amenities (such as hygiene products) to be provided to transgender people in order for them to efficiently perform their tasks in the establishment.

2.3  Applicability of all company rules and regulations governing employee working conditions.

2.4   Employees' gender identities are kept confidential.

2.5   Appointment of a person to act as a complaint officer for complaints relating to violations of the Act's provisions, who must be appointed within 30 days of the Rules' publication.

2.6  Publish Procedure for making complaints to designated complaint officer.

2.7  Design Grievance redressal Procedure to ensure 

a)  the complaint officer shall enquire into the complaints received within 15 days of receipt of the same.

b)  The head of the establishment shall act on the enquiry report submitted by the complaints officer within 15 days from the date of submission of the report.

 3. States will be responsible for “timely prosecution of individuals” charged under Section 18 of the Act which proscribes offences against the transgender community and penalties therein. The offences would be punishable with imprisonment for six months up to two years, with a fine

 Next Steps for Employers

 1· Draft a Transgender policy / Pride policy to include all provisions as mandated in the Act on service rules.

2· Update Grievance Redressal Policy.

3· Update Dress Code policy to accommodate for changes as required.

4· Regular update of policies and periodic review of employee’s life cycle and other benefits policies carried out to promote inclusiveness and diversity

5·  Including gender inclusion and transgender acceptance in the workplace as part of company policy. This would require putting to rest any misconceptions regarding trans-validity, identity's respecting their preferred pronouns and proper professional behaviour.

6· Other measures include updating personnel records to ensure transgender persons are not incorrectly classified as men or women as the case may be.

7· While it's not mandated in Act, it will be a progressive position to update the following policies from a more gender-neutral standpoint.

a)  Parental Leave policies to accommodate for gender-neutral benefits.

b)  Prevention of Sexual Harassment policy and working rules.

c)  It is important that transgender people are a part of the Committee responsible for carrying out the inclusion agenda.

                                                                                                                                                             

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What is Domestic Enquiry - Kanchan Khatana & Associates

 Understand Domestic Enquiry due process in India to reduce Litigation Risks and be fair. 

Domestic Enquiry

A company investigation to identify facts and data about a situation in which an employer has accused an employee of misconduct. Typically, a domestic investigation follows a 'show cause' letter, which is sent to the worker asking for an explanation for the alleged misconduct. The employer will move to a more formal domestic inquiry if the reply is not satisfactory.

We understand that the term domestic enquiry is mainly used to refer to an enquiry into an employee’s charges of indiscipline and misconduct, based on the above description of domestic enquiry. Domestic enquiry means departmental inquiry or domestic tribunal in common parlance. The matter is decided by administrative officers in such investigations and not by the courts of law. It is common for disciplinary authorities in a department or in industry to appoint an officer or officers in cases of alleged indiscipline to investigate the allegations against an employee. These inquiries are generally referred to as 'Domestic Enquiries'. At times it is in the best interest to engage an outside firm to ensure no biasness and adoption of the full procedure.

Domestic inquiries should be conducted as quickly as possible following allegations of wrongdoing, and all activities should be formalized and fully documented. Legally, it is important that the investigation be carried out objectively. For example, the investigating officers should be unrelated to the incident, and the employee should be given full opportunity to present their own case and present evidence in their favour. Mostly during the process, representatives of the Union or co-workers should be allowed to sit in if the employer requests their presence, although the employee cannot insist on access to a lawyer.

Notice that the domestic inquiry is simply an exercise in obtaining facts, i.e., the jury charged with collecting the evidence does not make conclusions about guilt or punishment. The final report is sent to the parties involved, mostly senior officials, who then decide on the required course of action.

 

PRINCIPLES OF DOMESTIC ENQUIRY

1. Rule of Natural Justice must be observed.

2. The delinquent is entitled to a just hearing.

3. He can call for his own evidence.

4. Cross-examine any witness called by the prosecution.

5. Where rules are laid down, the procedure of such rules must be followed.

6. Disclose to the employee concerned, the documents of records and offer him an opportunity to deal with it.

7. Do not examine any witness in the absence of the employee.

8. The enquiry officer is at liberty to disallow any evidence after recording the reasons in writing.

 

A disciplinary hearing held by an employer to decide if an employee is guilty of wrongdoing is a domestic investigation. A domestic inquiry is meant to uncover the facts of the accusations made against the worker.

The Industrial Court, in the course of adjudicating whether a dismissal is without just cause or excuse within the context of Section 20 of the Industrial Relations Act 1967, does not merely examine whether there were proper grounds for the employer to terminate the services of the employee but also examines whether the process by which the employee was terminated was fair or unfair.

In taking administrative action against an employee, this element of "procedural fairness" can also be a key consideration in determining if the Court would enforce the dismissal.

 

Accordingly, it is important to understand that upholding a dismissal in the Industrial Court requires meeting two criteria:

(a) That there were fair reasons for the firing of the worker;

(b) That the process used to fire the employee was fair.

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Best Property Lawyer in Gurgaon

Property purchasing can regularly be chaotic! While a few nations have rearranged the method of purchasing property, including the validation of possession archives by the legislature. In the Indian setting, the way toward recognizing the correct property is laden with a few dangers, legitimate and administrative hurdles. Buyers are regularly helpless before representatives or developers and roused to decide, by the guarantee of exponential returns or overpowering offers. Anyway enticing and rewarding the prospect may show up, a buyer should know about the accompanying fundamental authoritative archives.

Utilize this convenient manual for assistance you explore the land traps you may experience while purchasing a home.

Inhabitance Certificate

An inhabitance testament or culmination authentication is given by the city organization after the development of a structure affirming that it was built by an endorsed arrangement and that it is in an appropriate condition for inhabitance. This shows the designer/past proprietor/dealer has developed the structure as far as the authorized format designs and has likewise followed different other structure standards and commitments.

The designer is in charge of acquiring inhabitance authentication and is issued just once the structure has been finished in all regards and is prepared to be involved.

Bills and Receipts

Most recent Property Tax charges, Electricity charges, support charges together with the paid receipts ought to be checked, since the equivalent explains about the back payments, assuming any, in connection to the subject property. It holds that the past proprietor or occupier has made good on all the regulatory obligations. They likewise build up the legitimate status of the property and accordingly fill in as a significant record of evidence. While purchasing a property, it is smarter to decide in favor of alert by looking for direction from a lawful counselor or property advisor. With legitimate lawful exhortation, examination of archives and check of significant data relating to the property, the purchaser can guarantee that the venture brings genuine feelings of serenity and a suspicion that all is well and good.

WhatsApp: +91-9958484845

Address: Level 3, Augusta Point, Golf Course Rd,  Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates

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PoSH Lawyer in Gurgaon

All you need to know about Prevention of Sexual Harassment

Sexual Harassment At Workplace (Prevention, Prohibition & Redressal) Act,2013

PoSH Lawyer in Gurgaon

INTRODUCTION

Pooja, a girl belonging to a well-educated family, completed her graduation from a top B-school and is placed in a reputed company with a good salary package. In spite of a successful career, Pooja is still stressed and is unhappy. Why? The reason is though having all these, Pooja is sexually harassed by her male colleagues in her office. And hence she is all the time worried about her safety at her workplace where she spends about 9- 10 hours of her day.

This is not just the story of Pooja. There are many instances where a woman is sexually harassed at her working place. According to a survey of 2010, Center for Transforming India survey (2010) revealed that nearly 88 percent of women witnessed some form of workplace sexual harassment during the course of their work.[1] India having the lowest ratio of working women in the world, experiences such pathetic conditions of women. 

PoSH Lawyer 

In 1997, The Supreme Court of India for the first time acknowledged this particular issue in the case of Vishakha v. State of Rajasthan[2].In this case, sexual harassment at the workplace was recognized by the Apex Court as well as the need to constitute a mechanism for the same was felt. Because there was no legislation particularly to address this offense, The Supreme Court laid down certain guidelines to regulate the issue until legislation is brought into existence. These guidelines are popularly known as Vishakha Guidelines and are a prominent example of judicial activism.

After 16 long years of Vishakha Guidelines, sexual harassment at workplace (prevention, prohibition & redressal) Act,2013 came into existence. The Act adopted all the guidelines and also revised it with added provisions for compliance. The Act provides for the protection of women from sexual harassment in work places be it public place, private place, organized, unorganized sector. Students, interns, labours, temporary, permanent workers are all covered by this Act regardless of their age and nature of employment[3].

Best Property Lawyer

 Key Legal Checklist for Buying a Property 

Property purchasing can regularly be chaotic! While a few nations have rearranged the method of purchasing property, including the validation of possession archives by the legislature. In the Indian setting, the way toward recognizing the correct property is laden with a few dangers, legitimate and administrative hurdles. Buyers are regularly helpless before representatives or developers and roused to decide, by the guarantee of exponential returns or overpowering offers. Anyway enticing and rewarding the prospect may show up, a buyer should know about the accompanying fundamental authoritative archives. 

Best Property Lawyer 

Utilize this convenient manual for the assistance you explore the land traps you may experience while purchasing a home. 

Title Documents 

(A) Deal Deed or Title Deed 

The title document is the most significant archive that records the real exchange of responsibility for the property. A purchaser should check the first deed and affirm that the land is for the sake of the engineer, to guarantee that nobody else has the ideal to sell it. Be that as it may, when you have the title, you can get to the land and conceivably alter it as you see fit. It additionally implies that you can move the intrigue or segment you possess to other people. 

In the event that the first title reports are not with the dealer, at that point there are chances that the title records are stored with the banks/money-related organization with the end goal of production of a home loan and the equivalent additionally should be confirmed by the buyer. 

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It is fitting to get the title checked by a legal advisor. 

(B) Title Search Report 

A title search is a procedure of recovering the chain of records identifying the historical backdrop of the property that has been enlisted with the concerned expert. It incorporates a depiction of the property and names of title holders, joint occupancy, and so on. It goes about as the principal archive for a further deal by the purchaser as it sets up verification of his possession. 

Following proprietorships ought to dependably start with an examination of the most punctual archive recorded. On the off chance that such reports are not made accessible, affirmed duplicates must be acquired from the enrolling specialists. 

Best Employment Lawyer

Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations as workers, union members and employers in the workplace.  

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Generally, labour law covers: Industrial relations – certification of unions, labour‐management relations, collective bargaining and unfair labour practices 

Workplace health and safety: Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay. 

Top Labor Lawyer

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to social and economic development since the industrial revolution.