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Employee–Manager Conflict Turning into POSH Threat: How to Respond

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Any organisation will have instances of conflict between its employees and management. In some cases, these conflicts will rise to the level of threats of filing cases for POSH. In recent years, false harassment claims in the workplace have made it a necessity for HR departments to tread very carefully, without completely negating the actual grievances. The real challenge for HR in this case is managing the conflict in a manner that is in line with the laws and organisational values.   Understanding the Root Cause of the Conflict Before taking any steps in the matter, it is important for HR departments to understand the cause of the conflict. Conflicts in the workplace, which lead to threats of filing cases for POSH, are often due to issues unrelated to harassment, such as: ●        Performance issues ●        Miscommunication issues ●        Issues of authority and responsibili...

What Happens After You File a POSH Complaint?

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Filing a complaint against your employer may feel daunting, and many are reluctant to do so due to a lack of clarity about what to expect. The more you know, the easier it will become to make this decision and move forward. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as POSH Act India , has a systematic approach to handling complaints. Acknowledgement of the Complaint The complaint is first received by the Internal Committee (IC) or Local Committee (LC) and acknowledged. Then they determine if this complaint is covered by the women's harassment law in India. Ideally, the complaint should be submitted within 3 months of the date of the incident, but there are special circumstances that can allow for delays. Possibility of Conciliation The committee can propose a conciliation agreement before the formal inquiry if the complainant requests it. ●        This is not a mandatory s...

How to Resolve Corporate Disputes Without Going to Court

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Corporate disputes become a common obstacle for many businesses in India. Partners, managers, and owners - all likely experience disruptive and damaging conflicts, which disrupt operational circles, interpersonal relationships, and financial situations. Thankfully, businesses no longer have to wait for troubling disputes to resolve themselves through time-consuming court cases. Commercial dispute resolution has introduced businesses to the convenience of quick and inexpensive alternatives.   Corporate Disagreement Fundamentals   Money is universally a primary cause of business disagreements. This is why financial arrangements, contract disputes, business plans, mergers and acquisitions, and overall management of a business are common among corporate disputes in India. Once these disputes start to become problematic, most corporate businesses need to consult an Indian corporate lawyer to resolve the conflict. A corporate lawyer examines a situation, provides an explana...

What to Do When an Insurance Company Denies a Claim

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Your insurance policy should be a source of comfort during trying moments, and it can be quite frustrating when your claim is rejected. Insurance companies reject claims more often than one might realise. But this does not always mean that the rejection is justified.   Step 1. Read the Rejection Letter   Insurance companies are obligated to provide a reason for denial, and your letter should outline some explanations. These explanations could be anything ranging from documents missing to policy exclusions, late notification of a claim, and variations in the information provided. Pay close attention to: ●        The exact wording used to deny the claim ●        Any mention of incomplete paperwork ●        Timeframes for appeals or reviews Understanding the reason will help you shape your response.   Step 2: Review your policy details      The d...

Step-by-Step Guide to Registering a Company in India

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Any business that wants to start operations in India needs to follow the legitimate procedure to register the business. Setting up an Indian company is highly regulated by the Companies Act of 2013 through the Ministry of Corporate Affairs. The incorporation process is similar whether the business is to be set up by a resident or a foreign entrepreneur. In India, corporate law firms generally emphasise that full regulatory compliance, particularly at the incorporation stage, reduces the possibility of any issues developing later on.   Step 1: Identifying the Type of Business Entity   The very first step in building a business is to decide what form the venture will take legally. Your choices are: ●        Private Limited Company ●        Public Limited Company ●        One Person Company (OPC) ●        Limited Liability Partnership   ...

Health insurance claim rejection: legal remedies

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Insurance policies give customers a sense of security, especially when there is a sudden spike in their medical needs. Therefore, it is completely valid to be stressed after receiving a claim rejection. This is the unfortunate reality for millions of policyholders in India. The good news is that a claim rejection is not the finishing line for you. There are legal options available to you if the rejection is unreasonable or goes against the terms of the policy. The good news is that taking action legally is not that complicated. It just takes some knowledge. Most common reasons for health insurance claim rejections   The list is long when it comes to the reasons for claims being rejected, but the most common reasons include:   ●        Non-disclosure or unfair disclosure of a medical condition or disease ●        The treatment in question is not covered under the policy ●      ...