MBACSA

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

NMIMS BBA - B.Com Business and Allied Law Solved Answer Assignment

Ans :

Business and Allied Law

 

 NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

 

 Q1Many employers abuse “fixed-term-contract” by rolling it over to a new period. This is being done to discriminate the fixed-term-employee in comparison with permanent-employee and yet get the same return as that of permanent-employee. Explain how the new Code on Labor Law addresses this problem.

 

Ans

 

Introduction:

 NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

After the amalgamation of labor laws in 2020, all the previous acts have been amalgamated into four broad codes: Code on Industrial Relations, Code on Social Security and Employment Benefits, Code on Wages, Code on occupational safety, health, and standards. 

 

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. There are several benefits laid down in the code which these employees can avail themselves of for their benefits. The need for providing these benefits arose due to exploitation by employers.

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

 

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 must be given 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.

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

 

Q2Mr. 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 employees are given much attention because they are in a disadvantageous or weak position compared to the employers. They are the persons who are in immediate need of employment.

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

 

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, for the first time, introduced the concept of “consumer.” The Act of 1986 was passed to provide a simple and quick solution 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). 
 
  1. a) Discuss whether the company can claim protection under the concept of “safe harbor”. (5 Marks)
 
Ans

 

INTRODUCTION:

In India, the contracts are governed by the Indian Contract Act of 1872. 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.

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

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.

NMIMS BBA – B.Com Business and Allied Law Solved Answer Assignment

 

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.

 

  1. 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:

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. The legal department must also take care of the timely renewal of the license. The license of all the requisite commodities must be taken timely, and also try to renew the license as and when they expire. The company must also stop selling the product whose license has either not been taken or renewed. 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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Important Notice for NMIMS Assignments:

To ensure your NMIMS assignments meet the university’s standards, The NMIMS Assignments must be 100% customized, plagiarism-free, and unique. 

Copying from Google, AI tools, blogs, books, or any other sources is strictly prohibited, and if you copy answers, you will get ZERO marks.

Before purchasing assignments from any academic writer, always demand the following verification:

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