Avik Biswas

Bengaluru

avik.biswas@induslaw.com

    India (Advocate)

    B.A. LL.B. (Hons.) National University of Juridical Sciences, Kolkata, India (2006)

    Avik is a partner in the Employment Law practice and is part of the Anti-Bribery & Anti-Corruption practice group at INDUSLAW.

    He has been ranked by Chambers and Partners, Legal 500 and Who’s Who Legal as one of India’s highly recommended employment lawyers since 2011.

    Avik is recognised for his employment law practice across all industry sectors and is considered a subject matter expert in employment contracts, nationwide employment audits, company policies and handbooks, internal disciplinary inquiries, sexual harassment proceedings, whistle-blower investigations, structuring compensation and benefits, conducting Reduction in Force (RIF) exercises, negotiation of senior management severances and labour management practices.

    Avik is also very well regarded for his strategic advice to legal and HR functions of multinational corporations in relation to employment risk mitigation and management, anti-bribery and anti-corruption and related best practices in Indian markets.
    Avik regularly speaks on employment, anti-bribery and anti-corruption matters at events in India and overseas and frequently speaks on Indian employment law at the International Bar Association.

    Prior to joining INDUSLAW, Avik was a Partner at RDA Legal. Avik has also been a senior member of Poovayya & Co and the in-house legal team of Infosys Technologies.

    Avik is an avid sports fan and plays a bit of football and cricket himself. He worships almost everybody who has worn the famous Manchester United jersey or the Indian test cricket team’s whites. Had the law not found him, he would probably have become a sports journalist!

    publications

    CORPORATE INDIA NEEDS TO UP ITS COMPLIANCE OF PREVENTION OF THE SEXUAL HARASSMENT LAW IN THE WORKPLACE, BOTH IN LETTER AND SPIRIT, OR FACE REPUTATIONAL AND PECUNIARY DAMAGES
    Employment Law

    CORPORATE INDIA NEEDS TO UP ITS COMPLIANCE...

    Another challenge facing corporate houses in such situations is the difficulty in collecting evidence while investigating allegations of sexual harassment. "In most cases, the evidence...
    WOMEN'S SAFETY: E-COMMERCE COMPANIES NEED TO DO MORE TO ENSURE QUALITY OF OFFLINE WORKFORCE
    Employment Law

    WOMEN'S SAFETY: E-COMMERCE COMPANIES NEED TO DO...

    When I am alone at home I am not comfortable with them coming into my house, especially when my neighbours aren't home," she says. "It...
    ENTER THE ERA OF DIGITIZED HOSPITAL MANAGEMENT
    Technology, Media & Telecommunications

    ENTER THE ERA OF DIGITIZED HOSPITAL MANAGEMENT

    My final post on the HITS series is to do with hospital management and its digitization. Look we need to acknowledge that virtual reality is...
    INDIA: HIGH COURT ISSUES "STRONG JUDGEMENT" IN WHATSAPP CASE
    Litigation & Dispute Resolution & Technology, Media & Telecommunications

    INDIA: HIGH COURT ISSUES "STRONG JUDGEMENT" IN...

    The High Court of Delhi (‘the High Court’) pronounced, on 23 September 2016, its decision in a public interest litigation case, Karmanya Singh Sareen and...
    FIVE LAWS THAT THE FINANCE MINISTER PROPOSES TO CHANGE
    Employment Law

    FIVE LAWS THAT THE FINANCE MINISTER PROPOSES...

    The Budget promises to come up with a plan to consolidate labour laws under four subjects: wages, industrial relations, social security and working conditions.Fragmentation is...
    REVISED WAGE LIMIT UNDER THE EMPLOYEES’ STATE INSURANCE ACT, 1948
    Employment Law

    REVISED WAGE LIMIT UNDER THE EMPLOYEES’ STATE...

    The Employees’ State Insurance (Central) Rules, 1950 ("Rules") has been recently amended and the wage limit for coverage of an employee under the Employees’ State...
    INTERNAL COMPLAINTS COMMITTEES: REQUIREMENTS FOR COMPLAINTS RELATING TO SEXUAL HARASSMENT
    Employment Law

    INTERNAL COMPLAINTS COMMITTEES: REQUIREMENTS FOR COMPLAINTS RELATING...

    The Delhi High Court on February 16, 2017, in the matter of Ashok Kumar Singh v. University of Delhi & Ors pronounced on the nature...
    AMENDMENTS TO THE MATERNITY BENEFIT ACT, 1961
    Employment Law

    AMENDMENTS TO THE MATERNITY BENEFIT ACT, 1961

    The Maternity Benefit Act, 1961 (the "Act") has been recently subject to certain significant amendments. Women employees are now entitled to additional maternity leave and...
    CLOUD SERVICES: GUIDELINES FOR GOVERNMENT PROCUREMENT
    Technology, Media & Telecommunications

    CLOUD SERVICES: GUIDELINES FOR GOVERNMENT PROCUREMENT

    The Ministry of Electronics and Information Technology, Government of India (the "Ministry") has announced the "MeghRaj Policy" (the "Policy") providing directions for adoption of cloud...
    UNION CABINET APPROVES THE WAGE CODE
    Employment Law

    UNION CABINET APPROVES THE WAGE CODE

    The Second National Labour Commission in 2002, recommended the division of labour laws into four or five broad groups concerning wages, social security, safety, industrial...
    THE NEW LAW ON DISABILITY: WHAT DOES IT MEAN FOR INDIAN CORPORATES?
    Corporate & Commercial

    THE NEW LAW ON DISABILITY: WHAT DOES...

    The Rights of Persons with Disabilities Act, 2016 (the 'Act') and the Rights of Persons with Disabilities Rules, 2016 (the 'Rules') came into effect on...
    REVISION OF WAGE CEILING UNDER THE PAYMENT OF WAGES ACT, 1936
    Employment Law

    REVISION OF WAGE CEILING UNDER THE PAYMENT...

    The Payment of Wages Act, 1936 (the 'Wages Act') is a Central Government legislation that governs the manner of payment of wages to certain classes...
    NEW ACT TO REGULATE SHOPS & ESTABLISHMENTS IN MAHARASHTRA
    Employment Law

    NEW ACT TO REGULATE SHOPS & ESTABLISHMENTS...

    The Government of Maharashtra published the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (the 'New Act') earlier in September....
    THE EXECUTIVE REMUNERATION REVIEW EDITION 6
    Employment Law

    The Executive Remuneration Review Edition 6

    When dealing with executive remuneration or compensation, the trend in today's growing market is to find a fine balance between the act of rewarding executives...
    THE PREVENTION OF CORRUPTION AMENDMENT ACT 2018 - KEY HIGHLIGHTS
    Government & Regulatory & Anti-Bribery & Anti-Corruption

    THE PREVENTION OF CORRUPTION AMENDMENT ACT 2018...

    The Prevention of Corruption Act, 1988 (the 'Act') was recently amended by the Prevention of Corruption (Amendment) Act, 2018 (the 'Amendment Act'). Most of the...
    KARNATAKA INTRODUCES DRAFT RULES UNDER MATERNITY BENEFIT LEGISLATION
    Employment Law

    KARNATAKA INTRODUCES DRAFT RULES UNDER MATERNITY BENEFIT...

    The Maternity Benefit (Amendment) Act, 2017 (the "Act") brought into force last year was lauded for its progressiveness and for promoting a more inclusive workforce....
    SUPREME COURT RECOGNIZES RIGHTS OF THE LGBT COMMUNITY
    Government & Regulatory

    SUPREME COURT RECOGNIZES RIGHTS OF THE LGBT...

    The Supreme Court of India recently struck down parts of Section 377 of the Indian Penal Code, 1860, which criminalized sexual intercourse against the order...
    INTERNATIONAL ASSIGNMENTS TO AND FROM INDIA : SOME FOCUS AREAS
    Employment Law

    INTERNATIONAL ASSIGNMENTS TO AND FROM INDIA :...

    Cross border secondments and employee transfers are becoming increasingly common; however, several organizations are unaware of their implications, specifically with respect to social security laws...
    NATIONAL GUIDELINES ON ESTABLISHMENT AND OPERATION UNDER MATERNITY  BENEFIT LEGISLATION
    Employment Law

    NATIONAL GUIDELINES ON ESTABLISHMENT AND OPERATION UNDER...

    One of the recent landmark amendments to the Maternity Benefit Act, 1961 includes placing an obligation on employers to provide facilities. To assist employers in...
    KARNATAKA EXTENDS EXEMPTION FROM STANDING ORDERS
    Employment Law & Government & Regulatory

    KARNATAKA EXTENDS EXEMPTION FROM STANDING ORDERS

    On May 25, 2019, the Government of Karnataka issued a notification to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act,...
    NEW ACT INTRODUCED TO REGULATE SHOPS & ESTABLISHMENTS IN GUJARAT
    Employment Law & Government & Regulatory

    NEW ACT INTRODUCED TO REGULATE SHOPS &...

    The Government of Gujarat introduced the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019, which came into effect on May...
    GOVERNMENT REDUCES THE RATE OF EMPLOYEES STATE INSURANCE (ESI) CONTRIBUTION
    Employment Law & Government & Regulatory

    GOVERNMENT REDUCES THE RATE OF EMPLOYEES STATE...

    Under the Employees State Insurance Act, 1946, the contribution, at a specified rate, payable to the ESI Corporation in respect of an employee comprises both...
    TELANGANA GOVERNMENT INTRODUCES SEXUAL HARASSMENT ELECTRONIC BOX (T-SHE BOX)
    Employment Law & Government & Regulatory

    TELANGANA GOVERNMENT INTRODUCES SEXUAL HARASSMENT ELECTRONIC BOX...

    The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 stipulates that all entities with more than or equal to 10 employees...
    MAHARASHTRA GOVERNMENT REQUIRES REGISTRATION OF INTERNAL COMMITTEES CONSTITUTED UNDER THE PREVENTION OF SEXUAL HARASSMENT ACT
    Employment Law & Government & Regulatory

    MAHARASHTRA GOVERNMENT REQUIRES REGISTRATION OF INTERNAL COMMITTEES...

    The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 stipulates that all entities with more than or equal to 10 employees...
    UNION CABINET PASSES THE CODE ON WAGES, 2017
    Employment Law & Government & Regulatory

    UNION CABINET PASSES THE CODE ON WAGES,...

    The Union Cabinet, on July 3, 2019, passed the Code on Wages, 2017, which amalgamates, simplifies and rationalizes the provisions of the Payment of Wages...
    PROPOSAL TO AMEND THE EMPLOYEES PROVIDENT FUND & MISCELLANEOUS PROVISIONS (EPF AND MP) ACT, 1952
    Employment Law & Government & Regulatory

    PROPOSAL TO AMEND THE EMPLOYEES PROVIDENT FUND...

    On August 23, 2019, the Ministry of Labour and Employment proposed to amend the Employees Provident Fund and Miscellaneous Provisions Act, 1952, by way of...
    COVID-19 | MEASURES BY THE CENTRAL GOVERNMENT AND STATE OF KARNATAKA
    Employment Law & Government & Regulatory

    COVID-19 | MEASURES BY THE CENTRAL GOVERNMENT...

    With the WHO declaring the Coronavirus outbreak a global pandemic, and with confirmed cases in India rising daily, the Government of India and the Government...
    COVID-19| UPDATES - MEASURES BY VARIOUS STATE GOVERNMENTS
    Employment Law & Government & Regulatory

    COVID-19| UPDATES - MEASURES BY VARIOUS STATE...

    The delivery and administration of health care largely rests with individual states in India as health care is a state subject. In view of the...
    COVID-19 | FAQ FOR EMPLOYERS
    Employment Law

    COVID-19 | FAQ for Employers

    As confirmed cases of COVID-19 soar across the world including India, the Central Government together with various State Governments, predictably, have issued a number of...
    KARNATAKA ORDER ON DISMISSALS AND REDUCTION OF SALARIES | COVID-19
    Employment Law

    KARNATAKA ORDER ON DISMISSALS AND REDUCTION OF...

    On April 13, 2020, the Government of Karnataka's Labour Department & Department of Information and Public Relations issued an order which outlined specific directions regarding...
    COVID-19 | TEMPORARY REDUCTION IN EPF CONTRIBUTIONS
    Employment Law & Government & Regulatory

    COVID-19 | TEMPORARY REDUCTION IN EPF CONTRIBUTIONS

    With a view to provide relief to employers and increase the take-home salary for employees, both employer and employee contribution rates have been reduced from...
    THE DOJ'S FCPA CORPORATE COMPLIANCE GUIDANCE: IMPLICATIONS FOR INDIAN BUSINESSES
    Corporate & Commercial

    THE DOJ'S FCPA CORPORATE COMPLIANCE GUIDANCE: IMPLICATIONS...

    In April of 2019, the Department of Justice of the United States of America released a Guidance Document aimed at highlighting certain key factors for...
    KARNATAKA GOVERNMENT'S NOTIFICATION ON FACTORY WORKERS
    Employment Law

    KARNATAKA GOVERNMENT'S NOTIFICATION ON FACTORY WORKERS

    The government of Karnataka through a notification dated May 22, 2020 has exempted all factories registered under The Factories Act, 1948 from complying with the...
    INFO-ALERT - THE INDUSTRIAL DISPUTES AND CERTAIN OTHER LAWS (KARNATAKA AMENDMENT) ORDINANCE, 2020
    Employment Law & Government & Regulatory

    Info-alert - The Industrial Disputes and Certain...

    The governor of Karnataka on July 31, 2020, promulgated the Industrial Disputes and Certain Other Laws (Karnataka Amendment) Ordinance, 2020 in order to facilitate and...
    INFOLEX ARTICLE | THREE NEW LABOUR CODES IN INDIA
    Employment Law

    Infolex Article | Three new Labour Codes...

    INDUSLAW is a multi-specialty Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad, and Mumbai....
    INFOALERT- DISCLOSURE OF FORENSIC AUDITS BY LISTED ENTITIES
    Capital Markets & International Offerings & Anti-Bribery & Anti-Corruption

    InfoAlert- Disclosure of forensic audits by listed...

    On October 8, 2020, the Securities and Exchange Board of India brought in an amendment to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015....
    INFOLEX NEWSALERT - SHOPS AND COMMERCIAL ESTABLISHMENTS IN KARNATAKA CAN REMAIN OPEN AT ALL TIMES
    Employment Law

    Infolex NewsAlert - Shops and Commercial Establishments...

    The Government of Karnataka has permitted shops and commercial establishments in Karnataka employing 10 or more persons to remain open on a 24 x 7...
    INDUSLAW FAQS COVID-19 VACCINATION IN INDIA
    Employment Law

    IndusLaw FAQs Covid-19 Vaccination in India

    As India has started rolling out its vaccination program, INDUSLAW’s Employment Law practice group has received several queries from employers on the subject....
    GOVERNMENT OF HARYANA ENACTS A NEW LAW FOR LOCALS
    Employment Law & Government & Regulatory

    GOVERNMENT OF HARYANA ENACTS A NEW LAW...

    On March 02, 2021, the Governor of Haryana provided his assent to the Haryana State Employment of Local Candidates Act, 2020. While the statute has...
    TIPS TO CONDUCT AN EFFECTIVE REMOTE INVESTIGATION
    Employment Law & Anti-Bribery & Anti-Corruption

    TIPS TO CONDUCT AN EFFECTIVE REMOTE INVESTIGATION

    As the world gets increasingly accustomed to ‘work from home’ arrangements for the immediate future, our colleagues Avik Biswas and Rithika Reddy list out some...
    MANDATORY LINKING OF AADHAAR NUMBER WITH PROVIDENT FUND ACCOUNT
    Employment Law

    MANDATORY LINKING OF AADHAAR NUMBER WITH PROVIDENT...

    INDUSLAW's Avik Biswas, Rithika Reddy and Advika Madhok provide an important update on the mandatory linking of Aadhar with Provident Fund accounts, pursuant...
    OVERVIEW OF THE HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT, 2020
    Employment Law

    OVERVIEW OF THE HARYANA STATE EMPLOYMENT OF...

    The Haryana Government on November 6, 2021 notified a law that requires private sector employers to reserve 75% of jobs that offer a monthly salary...
    DISCLOSURE OF AN INDIAN ISSUER’S POTENTIAL FCPA VIOLATIONS: IMPLICATIONS FOR OTHER INDIAN COMPANIES
    Anti-Bribery & Anti-Corruption

    DISCLOSURE OF AN INDIAN ISSUER’S POTENTIAL FCPA...

    In the latest Anti-Corruption Committee bulletin of the International Bar Association, our Anti-Bribery & Anti-Corruption (ABAC) colleagues Avik Biswas, Rithika Reddy and Arunima Kumar analyse...
    DISCLOSURE OF INFORMATION RELATED TO FORENSIC AUDITS OF LISTED ENTITIES
    Anti-Bribery & Anti-Corruption

    DISCLOSURE OF INFORMATION RELATED TO FORENSIC AUDITS...

    On October 8, 2020, the Securities and Exchange Board of India (“SEBI”) amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 thereby mandating listed...
    RECENT SHIFTS IN INDIA'S ANTI-BRIBERY AND ANTI-CORRUPTION STRATEGY
    Anti-Bribery & Anti-Corruption

    RECENT SHIFTS IN INDIA'S ANTI-BRIBERY AND ANTI-CORRUPTION...

    Our colleagues Avik Biswas, Avimukt Dar, and Arunima Kumar discuss recent shifts in India's anti-bribery and anti-corruption strategy, including the amendments made to the Foreign...
    KEY EMPLOYMENT LAW ISSUES IN A WHISTLEBLOWER INVESTIGATION: AN INDIAN PERSPECTIVE
    Anti-Bribery & Anti-Corruption

    KEY EMPLOYMENT LAW ISSUES IN A WHISTLEBLOWER...

    With a series of high value white-collar offences being reported in the media in recent years, the integral role of whistleblower complaints cannot be over-emphasized....
    CHAMBERS AND PARTNERS EMPLOYMENT 2021 GLOBAL PRACTICE GUIDE
    Employment Law

    CHAMBERS AND PARTNERS EMPLOYMENT 2021 GLOBAL PRACTICE...

    The Covid-19 pandemic has witnessed the Indian employment sector effectuate several measures aimed at alleviating the hardships of various stakeholders. Our colleagues Avik Biswas, Vaibhav...
    HYBRID WORK MODEL: THE FUTURE OF THE WORKPLACE IN INDIA?
    Employment Law

    HYBRID WORK MODEL: THE FUTURE OF THE...

    While the hybrid work model has proven to be beneficial in several ways, there remain quite a few challenges that need to be addressed for...
    KARNATAKA HIGH COURT UPHOLDS INCREASE IN EMPLOYEES’ RETIREMENT AGE
    Employment Law

    KARNATAKA HIGH COURT UPHOLDS INCREASE IN EMPLOYEES’...

    The Karnataka High Court recently dismissed an appeal challenging the validity of the Karnataka Government’s order for increasing the retirement age of workmen from 58...