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
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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....
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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....
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...
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....
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...
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...
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...
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...
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...
Anti-Bribery & Anti-Corruption
DISCLOSURE OF INFORMATION RELATED TO FORENSIC AUDITS...
On October 8, 2020, the Securities and Exchange Board of India (“SEBIâ€) amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 thereby mandating listed...
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...
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....
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...
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...
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...