NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment
9
Oct
2024
Business and Allied Law
Q1. Many employers abuse “fixed-term-contract” by rolling it over to a new period. The permanent-employee discriminates against the fixed-term-employee in terms of treatment, yet we strive for the same return. Explain how the new Code on Labor Law addresses this problem.
Ans
Introduction:
After the amalgamation of labor laws in 2020, the four broad codes – Code on Industrial Relations, Code on Social Security and Employment Benefits, Code on Wages, and Code on occupational safety, health, and standards – were created to replace the previous acts.
Concept & Application
SECURITY AND BENEFITS TO EMPLOYEES:
Among these four codes, the code on social security deals with the security and the benefits available to employees. It highlights the different kinds of occupations that fall under the term ‘employment’ definition. These employees can avail themselves of several benefits specified in the code. The need for providing these benefits arose due to exploitation by employers.
CONCLUSION:
The code has also promoted the idea of labor unions, whose purpose shall be to strive for the rights of the laborers. The laborers ought to be granted all their rights. They can readily seek the court’s grievance and the available redressal mechanism if any of that would be infringed upon or violated.
Q2. Mr. ABC purchased varnish from M/s XYZ Ltd. While using the product, Mr. ABC contracted a health hazard. He filed a complaint in the consumer forum and the company submitted its reply saying that the “chemical composition is visible on the product package and the consumer knew exactly what he was buying”. Based on this ground, the company is seeking consumer forum to reject the complaint. Discuss the maintainability of company’s reply. (10 Marks)
Ans
INTRODUCTION:
The Indian Judiciary has time and again given various judgments where it has ensured the protection of employees. The employers give much attention to the employees because of their disadvantaged or weak position. They are the persons who are in immediate need of employment.
Concept & Application:
MAINTAINABILITY OF THE COMPANY’S REPLY:
The Indian Parliament enacted the Consumer Protection Act of 1986 to protect consumers from harassment or violation of their rights. The Act passed for the first time with the aim of introducing the concept of “consumer.” 1986 Act was enacted to offer a straightforward and prompt resolution to consumer complaints.
The purpose of the Act was to promote and protect consumers’ interests against any failure by sellers or traders to provide goods and services, as well as to protect consumers from unfair trade practices of manufacturers and traders.
CONCLUSION:
In the present case, the company’s reply is maintainable before the court of law because it reflects the consumer’s mistake of being beware. It requires the consumer to look at the product properly and then use it.
Q3. The concept of “safe harbor” protects a party in good faith who might otherwise violate law(s) on technicalities beyond their reasonable control. In this background, imagine you are running a company which hosts an “online marketplace” website. An NGO has filed a case against our company alleging that few “sex-drugs” were sold without requisite license (which involves non-compliance of various laws).
a) Discuss whether the company can claim protection under the concept of “safe harbor”. (5 Marks)
Ans
INTRODUCTION:
The Indian Contract Act of 1872 governs contracts in India.The legislature enacted this law to monitor the contracts two parties enter into. It defines a contract as an agreement between two or more parties combined with the enforceability of law.
Concept & Application:
SAFE HARBOR RULE:
Safe harbor is a rule in the legal framework under which the parties try to eliminate or avoid certain legal or regulatory situations, provided certain prescribed conditions are to be met. Thus, it is a contingent thing where the principle application depends upon the fact that some conditions are fulfilled before or after the situation.
CONCLUSION:
In the instant case, the company can claim the protection of the safe harbor rule because here, even if the sex drugs have been sold without a requisite license, it has been done without the owner’s knowledge.
b) Discuss what measures can be taken by the company to prevent such abuse of the online marketplace.
Ans :
INTRODUCTION:
Indian legal system has characterized different kinds of legislation for different issues or matters. All aim to maintain social justice and balance the conflicting interest between the two likely affected parties. Similarly, a whole class of legislation talks about the idea of Harassment, which can be at the workplace or some other place.
Concept & Application:
MEASURES TAKEN BY THE COMPANY:
Active voice: All the company’s departments must strictly adhere to laws and rules, developing a robust legal system to ensure proper and vigilant compliance, with no complaints or loopholes arising in the future. Strict adherence to laws: The company must develop a robust legal system where compliance with all the laws and rules is done properly and vigilantly by all the company’s departments, and such a complaint and loophole should not arise in the future.
legal department must also take care of the timely renewal of the license. The company must take timely licenses for all required commodities and renew them as they expire. The company must stop selling products with expired or missing licenses. The company must stop selling products with expired or missing licenses. Maintaining strict adherence to laws, policies, and regulations is essential.
CONCLUSION:
The court must carry on the proceedings related to such complaints in a manner convenient to both parties, especially the aggrieved. The authorities must take care of the principle of natural justice. None of the parties must be aggrieved by the order without giving them a reasonable opportunity to show cause or justify their reasons.
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