Different laws relate to start-up
A startup venture could be defined as a new business that is in the initial
stages of operation,
beginning to grow and is typically financed by an individual or small group of
individuals. It is a young entrepreneurial, scalable business model built on
technology and innovation wherein the founders develop a product or service for
which theyforesee demandthrough disruption of existing or by creating entirely
new markets. Startups are nothing but an idea that manifests into commercial
undertaking.
A startup venture could be defined as a new business that is in the initial
stages of operation,
beginning to grow and is typically financed by an individual or small group of
individuals. It is a young entrepreneurial, scalable business model built on
technology and innovation wherein the founders develop a product or service for
which theyforesee demandthrough disruption of existing or by creating entirely
new markets.
Startups are nothing but an idea that manifests into a commercial
undertaking a startup venture could be defined as a new business that is in the
initial stages of operation, beginning to grow and is typically financed by an
individual and small group of individuals. Startup is nothing but an idea that
manifests into a commercial undertaking. Starting a new business includes many things.[i] Every business person should know the basic steps of the startup
laws. Before starting the new business you should look at the vital startup laws
which help you for a long journey.[ii]
So there are some basic laws you all should know:
A startup venture could be defined as a new business that is in the initial
stages of operation,
beginning to grow and is typically financed by an individual or small group of
individuals.
It is a young entrepreneurial, scalable business model built on
technology and innovation wherein the founders develop a product or service for
which they foresee demand through disruption of existing or by creating entirely
new markets. Startups are nothing but an idea that manifests into a commercial
undertaking Grant Thornton (2016Starting a new business includes many things.
Every business person should know the basic steps of the startup laws. Before
starting the new business you should look at the vital startup laws which helps
you for a long journey. So there are some basic laws you all should know :
Law Related to Taxes
If you are running any kind of business this is the first step that you should
know and follow. It means that you have to pay the taxes to the state and
central government or local bodies and it become compulsory for every new
businessman to be aware about every details of accounting. Different sectors
have different tax laws. The provisions of GST Act that governs taxpaying limit
for the business houses. Every business houses is required to follow certain set
of patterns of accounting and maintain records of assets and liability of the
entity can easily make out the profits and losses born by such business.
A Laws related to Information of Technology
Technology is the base of every entity indulging in any type of business.[iii]In
today’s time if you establish your organization it should be high in digitalized
world, there are IT laws in the business. We all know that we are living in a
advanced technological world and things like e-contracts, digital signatures,
protecting the private data of the organization and this is also a extremely
important practices. So having the knowledge of IT laws will help the
organization in exploring the business. Being advance in the matter of
technology helps a lot in achieving the goal of the organization.[iv]
Contract law and dispute resolution
All the contracts are very important for the entrepreneurs. Business will come
to end without the use of contracts. In case any dispute stand up between the
employer-employee or between employee-employee as per what provision the dispute
will be solved is considered to be the predominant requirement. The entrepreneur
can even evolve an agreement with the employee ,then what rules will be followed
while performing such agreements also need to be find out by the entrepreneur.
So the knowledge of basic principles of contracts laws is required.[1]
Intellectual Property laws
property rights are the vested rights that one gets with the property. This is
the legal right of the business that every kinds of business should have. It
deals with the rules which secure the invention, newness, innovative idea, and
artistic work of any person. So this intellectual property laws gives that an
innovative idea has a legal right so that no one can copy that thing and that’s
why this is very important in before starting a startup.[v] These laws
originated from the TRIP’S Agreement.
There are mainly four Acts that govern the
provision of Intellectual property laws:
Patent Act, 1970- Patent system is a contract between the inventor and authority
whereby the inventor gets exclusive rights for a period of 20 years in return
for disclosing full details of the invention. The main purpose of patent system
is to encourage innovation and eventually results in technological
development. The core objective of the patent law is to promote the progress of
Science and useful arts. It can be listed as: To encourage inventor: If a person
puts efforts and resources in invention something that can be patented, he
should have a provision that stops others from copying his work without his permission.[vi]
Trademark Act, 1999- Trademark is defined in the Trademark Act, 1999 as,
“trademark means a mark capable of being represented graphically and which is
capable of distinguishing the goods or services of one person from those of
others and may include the shape of goods, their packaging and combination of colours.†The object is to provide for registration and better protect of trade
marks for good and services and for the prevention of the use of fraudulent
mark.[vii]
Designs Act ,2000- "design" means only the features of shape, configuration,
pattern, ornament or composition of lines or colours applied to any article
whether in two dimensional or three dimensional or in both forms, by any
industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are judged solely by the
eye; but does not include any mode or principle of construction or anything
which is in substance a mere mechanical device, and does not include any trade
mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and
Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section
479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in
clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).[viii]
Copyright Act, 1957- Like patents, copyrights also protect the creative endeavor
of an owner. But, they pertain to intellectual property. In simple words,
copyright protects original works of ownership. It gives an exclusive right to
do or authorize others to do certain acts in relation to literary, dramatic,
musical, and artistic works, cinematography and sound recordings.
A copyright protects the intellectual property, for the life of the originator
plus 50 years. In case of cinematographic work, the period of protection is 50
years after the work has been made available to the public and for photographic
works 25 years after the making of the work.
- Encouragement to the Original Work:
The main objective of the Copyright Act is to encourage authors, composers,
artists, and designers to create original works by rewarding them with the
exclusive right for a limited period (usually for the life of the originator
plus 50 years) to exploit the work for monetary gain.
- Protections to the Originator:
The objective of copyright law is also, in essence, to protect the author or the
creator of the original work from the unauthorized reproduction or exploitation
of his/her materials. The right also extends to prevent others from exercising
without authority any other form of right attached to copyright, for example, in
case of literary work, the right of translation, adaptation or abridgement.[ix]
Labour laws
Every business requires some manpower to do the work and they are known to be
employees of such company. Appointing an employee require certain provision to
be followed which are set by the labour laws.Irrespective of the size of the
establishment, you need to adhere to the labour laws. These laws could be with
regard to minimum wages, gratuity, PF payment, weekly holidays, maternity
benefits, sexual harassment, and payment of bonus and so on.[x]
Some certain statutory laws are:
(i)
Factories Act, 1948 and amended provision of act in 2016 - The factories
Act, 1948 is a beneficial legislation. The aim and objective of the act is
essentially to safeguard the interests of workers, stop their exploitation and
take careof their safety, hygiene and welfare at their places of work. It casts
various obligations, duties and responsibilities on the occupier of a factory
and also on the factory manger. Amendments to the act and court decisions have
further extended the nature and scope of the concept of occupier, especially
vis-a-vis hazardous processes in factories. This act regulates the working
conditions in factories; regulate health, safety welfare, and annual leave and
some special provision in respect to young persons, women and children who work
in the factories.
- Working hours: According to this provision working hours of adults, no
adult’s worker shall be required or allowed to work in a factory for more
than 48 hours in a week. There should be a weekly holiday.
- Health: For protecting the health of the workers, the act lays down that
every factory shall kept clean and all necessary precautions shall be taken
in this regard. The factories should have proper drainage system, adequate
lighting, ventilation, temperature etc.
- Saftey: In order to provide safety to the workers, the act provide that the
machinery should be fenced, no young person shall work at any dangerous machine,
in confined spaces, there should be provision for manholes of adequate size so
hat in case of emergency the workers can escape.[xi]
(ii)
Contract Labour (Regulation and Abolition) act, 1970- The Object of the
Contract Labour Regulation and Abolition) Act, 1970 is to prevent exploitation
of contract labour and also to introduce better conditions of work.The Act
applies to the Principal Employer of an Establishment and the Contractor where
in 20 or more workmen are employed or were employed even for one day during
preceding 12 months as Contract labour. This Act does not apply to the
Establishments where work performed is of intermittent or seasonal
nature.Section 7 and Rules 17 & 18 of the Contract Labour (Regulation and
Abolition) Central Rules, 1971, it appears that the Principal Employer has to
apply for registration in respect of each establishment. Other important point
to note is that a License issued for One Contract cannot be used for entirely
different Contract work even though there is no change in the Establishment.[xii]
(iii)
Employee State Insurance Act, 1948- The Employees State Insurance Act of
1948 has been enacted with the objective of securing financial relief in cases
of sickness, maternity, disablement and for providing medical benefits to
employees of factories and establishments, and their dependents. The act is also
applicable to non-seasonal factories using power and employing 10 or more
employees, and non- power using factories and certain other establishments
employing 20 or more employees.[xiii]
(vi)
The Payment of Gratuity Act, 1972- Payment of Gratuity Act was enacted with
an objective to provide a Scheme for payment of gratuity to employees engaged in
factories, mines, oilfields, plantations, ports, railway companies, shops or
other establishments and matters connected therewith or incidental thereto. It
is welfare legislation and intended to recognise and reward those workmen who
have rendered long and faithful service to the employer.[xiv]
(vii)
The Industrial Employment (Standing Orders) Act, 1946 The objective states
that the act is to provide regular standing orders for factories, workers and
the main professional or working relationship. To ensure that all employees
recognize their employment terms and conditions they are expected to follow or
adhere to. This is to help minimize the exploitation of workers against their
will and knowledge. It also supports the promotion of industrial peace and
harmony by supporting fair industrial practices.[xv]
The Industrial Disputes Act, 1947- The main purpose of the Industrial Disputes
Act, 1947 is to ensure fair terms between employers and employees, workmen and
workmen as well as workmen and employers. It helps not only in preventing
disputes between employers and employees but also help in finding the measures
to settle such disputes so that the production of the organization is not
hampered.
Objectives of Indian Industrial Dispute Act:
- To encourage good relations between labour and industries, and provide a
medium of settling disputes through adjudicator authorities.
- To provide a committee for dispute settlement between industry and labour
with the right of representation by a registered trade union or by an
association of employers.
- Prevent unauthorized strikes and lockouts.
- Reach out to labour that has been laid-off, unrightfully dismissed, etc.
- Provide labour the right to collective bargaining and promote conciliation.
New Indian Industrial Dispute Act Principles:
- A permanent conciliation committee for the speedy settlement of
industrial disputes.
- Compulsory arbitration in public utility services and enforcement of
arbitration awards.
- Strikes during proceedings of conciliation and arbitration meetings are
prohibited.
- Set aside specific times for conciliation and arbitration meetings.
- Employers have to be obliged to communicate with labour unions.
- Mutual consultation has to be set up between industry and labour by the Works
Committee.
- Disputes between labour and industry have to be forwarded to an Industrial
Tribunal. If the Industrial tribunal fails to handle the case, the case should
be forwarded to the appropriate government.[xvi]
The Trade Unit Act, 1926- A trade union is an association of workers formed with
the object of improving the conditions of workers. It is formed for protecting
the interests of workers. Workers have little bargaining capacity when they are
unorganized. In fact, trade union movement began against the exploitation of
workers by certain managements under the capitalist system.
Objective of trade union:
- To improve the economic lot of workers by securing them by better wages.
- To secure for workers better working conditions.
- To secure bonus for the workers from the profits of the
enterprise/organization.
- To ensure stable employment for workers and resist the schemes of
management which reduce employment opportunities.
- To provide legal assistance to workers in connection with disputes
regarding work and payment of wages
- To protect the jobs of labour against retrenchment and layoff etc.
- To ensure that workers get as per rules provident fund, pension and
other benefits.
- To secure for the workers better safety and health welfare schemes.
- To secure workers participation in management. [xvii]
Company law
The company is an association of two or more person in furtherance of a common
business objective. A company is a “
separate legal entity†having its own
identity from its members. As a legal entity, a company can own a property in
its own name, can sue and to be sued in its own name and also enjoy perpetual
succession, among others.[2] There is registration under the company act 2013,
when certain entity is established in form of company or proprietary; FSSAI
License, when one has to open retail shop restaurant, trade outlet etc; Shop and
Establishment Act License;these are the provision which is required to know
deeply to forming a startup.
Suggestion:
- Creating awareness in market –start-ups fail due to lack of attention to
limitation in markets. The environment for the startup is usually more
difficult than for an established firm due to uniqueness of the product and
to follow the various laws. The situation is more difficult for a new as
the startup has to build everything from scratch.[xviii]
- Regulation- starting a business requires number of permissions from the
government agencies. Although there is a perceptible change, it is still a
challenge to register a company. Regulation pertaining to labour laws,
intellectual property, contract law etc. Are rigorous in India . So there is
lack of implementation regarding to startup.[xix]
- Efficiency – established companies have high administrative overheads.
Start-up offer their services in a more efficient, cost-effective and
competitive manner. They must be focus on their goal.
- Team leadership - There must be a proper relation between the employee
and the management of the company .this cause good governance in an
entrepreneur which result easily to achieve main aim of the company.
- Personalization-Startups deliver their products and services with a
personal touch. This creates a uniquely personal experience for their
customers. Startups also take time to study and understand their customers’
business requirements. This allows them to build lasting relationships with
specific offerings and responsive solutions.
- Flexibility- your organisation could have unique needs and demand for
product and services. It is not enough for operating in a rigid manner so the
startup are more flexible and more likely to work at the hours, the place and in
effective use of resources.
- Accountability- Better planning process sets expectance and results.
It’s a tool for regular review of what’s expected and what happened. Good
work shows up better accountability.
- Manage cash- Good business planning connects the dots in cash flow.
Sometimes just watching profits is enough. But when sales on account,
physical products, purchasing assets, or repaying debts are involved, cash
flow takes perfect planning and management. A plan helps you see the
problem and adjust to it.
- Set priorities- You can’t do everything. Business planning helps you
keep track of the right way. We must allocate the resources in a
strategically manner and in perfect time period so the resources can use in
effectively manner.
- Perfect planning- Start-ups and smaller business hub have less
structured. They are keep improving their business models, processes, and
portfolio. So that they can maintain a good relation which result to achieve
its goal so there must be a proper planning and also keep updating
frequently.
- New innovation- startup must be seeking new technologies and support
innovative ideas to become a strong player in a market.
- Already backup strategic- Does your day to day work fit with your main
business strategic. So there must be secured to bear losses and must have a
backup plan ready so that you can match with your main goal.
- Transparency- It should deal with transparency and fairness in each
aspect of the business and must have a proper code of conduct so they become
a model for other startup.
- Raise economy- As some startup have a global vision and have been
able to use entrepreneurial possibilities in foreign markets from the very
beginning of their activity. So that they give a valuable inputs in the
economy of a country.
Conclusion:
A Start-up is a company working to solve a problem where the
solution is not obvious and success is not guaranteed. A start-up is a company
that is in the first stage of its operations. A successful start-up cannot start
a business just with passion and an idea.
Lack of awareness, multiple clearances
regarding laws, and unorganised market so on is the regulatory obstacles in
Indian system of governance. As Indian system of governance is based on the
laws that are formulated for every type of work. So starting the business houses
governed by many different laws and every business hold different laws for every
kind of conduct in the business entity.
End-Notes:
- https://www.researchgate.net/publication/323855305_INDIAN_STARTUPS-_ISSUES_CHALLENGES_AND_OP
PORTUNITIES by gopal das pawan kumar
- https://www.monsterindia.com/career-advice/5-basic-startups-laws-which-every-entrepreneur-should-know-7061.html
- synopies
- Supra note
- Supra note 2
-
https://www.lexology.com/library/detail.aspx?g=3f92413f-107c-4886-aca7-24633a341e22
- http://www.ipindia.nic.in/about-us-tm.htm
- http://www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_58_1_design_act_1_.PDF
- http://www.yourarticlelibrary.com/speech/speech-on-copyrights-meaning-and-objectives/41155 dk
sinha
- https://yourstory.com/mystory/7-basic-laws-every-startup-entrepreneur-should-kno
- http://www.legalserviceindia.com/legal/article-149-the-factories-act-1948.htmlsmriti
tiwari
- http://www.legalserviceindia.com/articles/labour_contract.htmWritten by:
Paras Jain - Company Secretary, Pokarna Limited, Secunderabad
- https://paycheck.in/career-tips/women-paycheck/women-legislation/esi-act-1948
- https://www.caclubindia.com/articles/a-look-at-the-payment-of-gratuity-act-1972-15682.asp a
look of at the payment of grauity act 1972 gs rao
- https://www.toppr.com/guides/legal-aptitude/labour-laws/industrial-employment-standing-orders-act-1946/
- http://www.legalserviceindia.co
- m/legal/article-942-industrial-disputes-act-1947.htmlIndustrial Disputes
Act, 1947
- http://www.yourarticlelibrary.com/trade-unions/trade-union-meaning-objectives-and-benefits/90560Trade
Union: Meaning, Objectives and Benefits
Article shared by: By Akshaybatheja
- Supra note 1
- Supra note1
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