Most of the Indian Labour laws have been archaic in nature and the experts were constantly asking for a new law that can consolidate these different laws and also provide a single law for companies to work under. This had led the Government of India to come up with the new Social Security codes last that would not only encompass all the existing laws but also move away from the age-old norms set in those laws. Thus, the Code on Social Security has been touted as a major reform in the Indian employment sector.

The Code on Social Security, 2020 (SS Code) was introduced last year to consolidate and amend the existing social security laws. The goal of the codes is to extend the social security cover to every worker of organized, unorganized, and other employment sectors. These codes were passed in the Lower House of Parliament (Lok Sabha) on 22 September 2020 and were passed from the Upper House of Parliament (Rajya Sabha) on 23 September 2020.

SS Code amalgamates all the relevant provisions of nine central labor laws related to social security to further simplify and rationalize them. The code is yet to receive assent from the President and can be only implemented by Central Government after it gets the nod of the president. After the assent, the Government may implement the code via a notification.

What were the Acts that SS Codes will Subsume?

• Employees’ Compensation Act, 1923.
• Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
• Employees’ State Insurance Act, 1948.
• Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
• Payment of Gratuity Act, 1972.
• Maternity Benefit Act, 1961.
• Cine- Workers Welfare Fund Act, 1981.
• Unorganized Workers’ Social Security Act, 2008; and
• Building and Other Construction Workers Welfare Cess Act, 1996.

Features of the Code on Social Security 2020

• All employers on whom these new codes are applicable must register themselves as prescribed by the Central Government.
• SS Code will be applicable to every entity but will be subject to a minimum threshold of employees working with it.
• Employers will be liable to pay 10% of the employee wages as a contribution to the Provident Fund.
• Every establishment must maintain records of employees related to work hours and wages paid. They must also give them proper wage slips.
• Employees shall also be liable to contribute the same percentage of wages to their PF accounts.
• There will be a social security cess of 1-2% of the cost of construction of the building which will be paid by the construction employer. The terms “building and construction work’ have been defined to reduce any ambiguity related to the terms.
• The Government can apply a 12% contribution rate from the employee’s basic wage to the Provident Fund.
• For Employees State Insurance Fund, the code makes it mandatory that every employee needs to be insured by the company.
• The contribution to the ESIC will contain a contribution from both the employer and the employee.
• Employees’ contributions will be paid by deductions in the gross salary.
• If the employer fails to contribute their part, the ESIC may still give the benefits to the employees and recover the capitalized value of contribution paid to the employee from his employer later.
• Maternity benefits to the female workforce in a mine, a factory, a manufacturing plant, shops (with more than 10 workers), or any other govt./private establishment.
• Various ambiguous terms like “Gig Worker”, “Unorganised Workers”, and “Platform Workers” have been defined to ease out bringing unorganized sector workers under the umbrella of social security.
• Women workforce will be entitled to maternity leave of up to twenty-six weeks where not more than eight weeks from the twenty-six should precede the expected delivery date.
• The governments (Central and State) must frame the welfare schemes of unorganized sector workers.
• It will be mandatory for companies to publish vacancies in the career center of their official website before filling the position up.
• The Central Government may also come up with any specific ESIC scheme specially for unorganized sector workers.

Is taking Assistance from Experts Necessary?

The new norms may seem far from implementation as of now to some employers but the reality is it could be done in this financial year, i.e. 2021-22. As indicated by the norms of the codes, an employer must register with the Central Government for working under this code. Now understanding the various points of this code and how it is subsuming various other laws under it could be really complex and hard to understand for corporate owners. Also, the new registration process for such could also take time.

Considering all the points mentioned above, it will be beneficial for companies if they go on to work with some reputed legal firm to get a clear understanding of this code. A company can simply outsource their task related to registering for the code and other works to the legal firm and focus on their main work. Legal firms have a clear understanding of the code and thus, they can assist the companies to easily sail through the registration and implementation process related to the code.

To Summarize…

So that brings us to the end of this piece, where we gave you information related to the main changes brought by the new Code on Social Security 2020. The new codes are aimed at bringing essential social security to every employer of the country be it working in an organized sector or unorganized sector. This will definitely help in the improvement of the quality of life for many small-wage workers. The code will also help both Central and State Governments in the implementation of their welfare schemes for small wage workers. In the end, we can only say that this could be welcome reform that India needed, and it will be there to see its long-term effects on the lives of employees in the Indian working sectors.

The post An Experts’ Insight into the Code on Social Security, 2020 appeared first on MUDS.

What is Data Theft?

Data is a valuable asset in today’s world. It could be used as a weapon or a powerful tool by the corporates to attract a huge mass of consumers. Companies spend millions to collect data so that they can become the biggest brand by attracting millions of consumers in turn. But what happens when the I.T. the department of the company fails to protect that data. It becomes a weapon in the hands of rival corporates or even governments. Data is such a powerful tool that countries are actively stealing data from other nations to have a stronger grip on each other.

How to Prevent Data Theft in India?

The powerful technology has brought equally powerful means of disrupting the peace. Data theft is a reason for contention among several countries. Data theft in India is not a rare practice but the means of preventing data theft are strong. Section 66 of the Information Technology Act 2000 deals with the offences related to computers. Section 43 of the same Act ensures the provision of penalty and compensation in the case of damage to the computer or computer system. Section 75 of the Information Technology Act ensures data safety outside India irrespective of the nation and the nationality of the thief. If the offence involves a computer located in India, Section 75 makes the person using that computer liable for the offence.

How to Complaint Against  Data Theft in India?

It’s a situation of panic if your data gets stolen. But what you need to do is take data theft legal action, instead of feeling jittery. It is quite depressing to think of the tedious procedure that you have to go through and even more depressing is to figure out the procedure. But taking data theft legal action is not that complicated. Read the steps given below and you are ready to combat the nasty situation of data theft and also for data theft legal action.

#1. Write an application to the head of the cyber cell and provide the following details in the application:

• Name
• Address
• Email address
• Phone number

#2. In case of data theft, few more details are required which have been listed below-

• Logs of the server
• Hard and soft copy of the deflected page
• Control mechanism details
• List of suspects

Data theft can be a source of mental trauma but if you pay attention to details, you can prevent it. Do not shy away from reporting a Cyber Crime, it is your right to feel protected. 

For more details, contact us at www.muds.com

The post Did Someone Steal Your Data? You Have The Solution appeared first on MUDS.

Various Cyber Offences  

Cyber Crime is committed sitting behind a laptop, computer or using the fancy screen of your mobile phone. From theft to theft to hacking, from Email bombing to making a crass comment, anything can make you a culprit of Cyber Crime in India. Some of the offences identified by I.T. Act 2000 are listed below to give you a fair picture.

#1. Tampering with the computer source document

#2. Hacking with a computer system

#3. Publishing obscene content on an electronic platform

#4. Publication for a fraudulent purpose

#5. Breach of confidentiality and privacy

#6. Power of controller to give directions

#7. A direction is given by a controller to a subscriber to extend facilities to decrypt information

#8. Protected system

#9. Penalty for misinterpretation

#10. Penalty for publishing false digital signature certificate

#11. Penalties not to interfere with other punishments

#12. Authority to investigate Cyber Crime

Penalty For Cyber Crime in India

If a person happens to commit any of the crimes listed above, knowingly or unknowingly, he is bound to face Cyber Crime penalty. These consequences may come in the form of a fine or imprisonment or in some cases the culprit may have to face both. The punishment does not stop with a penalty or imprisonment of a few years but may also fetch you a long vacation in jail as some of these are non- bailable offences.

Cyber Crime penalty ranges from the fine of 1 lakh rupees to 10 lakh rupees. Where on one hand, Cyber Crime penalty for tampering with computer source code and violation of privacy will cost you 2 lakh rupees, on the other hand, failure to assist the agency in regard interception or monitoring or decryption of any information through any computer resource and publishing obscene content on electronic platform cause you the loss of 10 lakh rupees. Only monetary loss is not the downside of these offences but Cyber Crime penalty for these crimes mean 5 to 10  years behind the bars.

Then there are offences which ascertain the loss of 1 lakh rupees and imprisonment, too, which varies from 2-3 years. Such as-

• Dishonestly receiving stolen computer resource or communication device
• Identity Theft 
• Cheating by Personation by using computer resource 
• Failure to comply with the directions given by Controller 
• Misrepresentation to the Controller to the Certifying Authority 
• Breach of Confidentiality and privacy 
• Publishing electronic Signature Certificate false in certain particulars 
• Publication for a fraudulent purpose

If you love your technology, internet, phone or laptop and yourself too, you should stay away from committing any Cyber Crime as the Cyber Crime penalty is not easy to pay.

If you need more information related to the penalty of cyber crime, connect with us at- www.muds.com 

The post Penalty For Cyber Crime – Be Very Alert Before Making it appeared first on MUDS.

Mobile phones have become an extension to the human hand and internet, the lifeblood, to keep this extension functioning and valid. Calling is not a mobile phone’s primary function for many years now. But every year, the introduction of a new app has brought phones and the internet in the category of basic necessities. It has given identity to people who went unnoticed in the walk of life, voice to unheard and right to have an opinion.

Rise of social media sites took the world by storm and paved a path for a better, faster and unfiltered medium of interaction. The same interaction gave birth to a new category of crime, “Cyber Crime”.

What is Cyber Crime?

This is the category of crime in which the criminal makes use of a computer, laptop or mobile phone to commit the offence. The criminal can use any device to access his victim’s personal information, business information, confidential information, etc. and uses this information for his personal gain or harass the victim. This is the age of cyber crime and the rate of these crimes is at an all-time high.

Social Media Defamation

We are in a world where name-calling, commenting on someone’s looks, financial status, family, work, etc. and bringing him to a vulnerable state in the society has become a regular task. You do not even have to know the person before you bring him to the platform of social media defamation. Every social media site gives you the freedom to express your opinion, giving you the right to comment. This privilege took the form of bullying and now is an easy tool in the hands of every potential cyber-criminal. Now we do not even need to leave our seat to make a crass comment about somebody. You can do it all from the safety of your house. But one thing you should remember before making a derogatory comment is that social media defamation is a cyber crime.

Types Of Cyber Defamation

There are mainly two types of cyber defamation.

#1. Libel or written defamation

#2. Slander or verbal defamation

The Internet has made social media defamation far too easy and the sad part is sometimes social media defamation is not even intentional. But cyber defamation, intentional or not has consequences. 

Internet has Law Against Cyber Defamation

In India, the law of cyber defamation falls under Section 499. The law has been extended to electronic documents. Section 500 of IPC provides for punishment against cyber defamation. A person found guilty of cyber defamation under Section 499 is punishable under section 500. This punishment may consist of imprisonment of 2 years or fine. In case you are unlucky, you might get punished with both imprisonment and fine for social media defamation. 

Cyber Defamation or Free Speech?

The Internet has certainly opened the doors to freedom of thoughts and interaction but understanding the difference between cyber defamation and freedom of speech is very important to keep yourself far away from cyber police. Think before you make a statement online as the law that protects your right to freedom of speech demands rationality for the protection of the reputation of other persons.

*The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

If you need more information related to the penalty of cyber crime, connect with us at- https://muds.co.in/ 

The post Do You Know Social Media Defamation is a Cyber Crime? appeared first on MUDS.