Design Whistleblower handling framework
Review of whistleblowing process, benchmarking with global best practices, SOPs and regulations.
Investigation of the allegations/complaint/issue
Training and awareness sessions for HR, Legal etc.
Who is a whistleblower?
Why is whistleblower handling critical? A whistleblower is anyone who reports illegal or unethical activity. This could be a person, often an employee, who reveals information about activity within a private or public organisation that is deemed illegal, immoral, illicit, unsafe or fraudulent. These activities can be of the form of fraud, corruption, misconduct, deceiving employees, indiscipline, wilful misuse of power, criminal activity, health and safety violations etc.
Whistleblower handling is critical to assist organisations with their ethics and compliance programs. Many organisations struggle to establish a strong whistleblowing mechanism, resulting in less confidence and trust between the employees and management, and therefore creating a gap that can result in conflicts, disputes and fraudulent activities.
Is it mandatory for organisations to have a Whistleblower handling mechanism?
Section 177(9) of the Companies Act, 2013 (the Act) mandates the following classes of companies to constitute a vigil mechanism
Regulation 4(2)(d)(iv) of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (Listing Regulations), inter alia, provides for the listed entity to devise an effective Whistle-blower mechanism enabling stakeholders, including individual employees and their representative bodies, to freely communicate their concerns about illegal or unethical practices
Employee misconduct poses a serious threat to business continuity, efficiency and reputation. It can include disciplinary issues, conflict of interest, fraud, forgery, misrepresentation, embezzlement, cyber crime, violation of business policies...Read more
A whistleblower is anyone who reports illegal or unethical activity. This could be a person, often an employee, who reveals information about activity within a private or public organisation that is deemed illegal, immoral, illicit, unsafe or fraudulent.Read more
An investigative Due Diligence is required by investors, HR, lawyers, insolvency resolution professionals and business owners to assess the integrity of the subject identity. Multiple checks are done to identify background information ...Read more
Assets tracing refers to financial investigation to analyze the overall value retrained from any kind of criminal activity or with the intention of dishonesty. Asset tracing is a legal process of locating something of value...Read more
Cyber forensics is a component of digital forensic science that deals with evidence related to computers and other digital storage devices. The process comprises identification, seizure, acquisition, authentication, analysis...Read more
Brand protection is the process of safeguarding a company's and its associated brands' intellectual property (IP) against counterfeiters, copyright pirates, and infringers of other types of IP, such as patents, design rights,...Read more
Insurance companies frequently conduct claims investigations to determine the validity of a claim. The investigation process assists the claims adjuster in making an informed decision about how to handle a claim...Read more
It is critical to pursue the case in court in the most professional and fool proof manner possible after investigating the case and gathering vital information and evidence. Our expert investigators assist in obtaining and ...Read more
Risk assessment is a process of identifying and assessing, systematically, an organization's risks and devising and taking actions to predict and enact measures to control or prevent losses within a company. Risk mitigation means preventing risks...Read more
Intelaw’s personalized private investigative services are fully confidential and protect the identity and privacy of our client. Intelaw’s highly skilled investigators understand your discreet requirements. Intelaw applies human intelligence...Read more
Pre-matrimonial due diligence investigations and post-matrimonial dispute investigations are increasingly being handled by professional investigators..Read more
Intelaw’s legal desk, Intelaw Chambers specializes in legal oversight for corporate investigations, interviews/interrogations and e-discovery holds, white-collar crimes investigation, dispute resolution, IPR & trademarks, cyber law...Read more
Pyramid fraud also disguised as a multilevel marketing scheme, is basically an investment scam, based on network marketing or referral...
Recently, while delivering the speech on the occasion of 19th D. P. Kohli Memorial Lecture, the Chief justice of India N. V. Ramana suggested an umbrella
“As the world is increasingly interconnected, everyone shares the responsibility of securing cyberspace - Newton Lee”
The rapidly changing regulatory landscape in India and the dynamics of social media has placed greater onus on commercial organisations to have robust.
In a bid to incentivize whistleblowers, The Securities Exchange Board of India (SEBI) has decided to increase the maximum reward for information
In the backdrop of almost 22,000 bank frauds worth over 3.95 trillion in the past three years, the RBI has decided to tighten its noose on bank governance.
It is unfortunate that India took almost 16 years after independence to formulate a cohesive statutory definition of sexual harassment at workplace
InteLaw Consulting in association with 'Enhance and Excel' and 'Ungender' conducted a workshop on 17th September titled "i-POSH: How to conduct POSH Investigations?".
Corporate investigations, whether related to workplace issues, financial frauds, or regulatory matters, often entail using e-discovery tools and techniques to gather crucial information.
The Pandora Papers are the 11.9 million leaked files from 14 global corporate services firms which set up around 29,0000 off-the-shelf companies and private trusts.
A row of narcotic drug-related cases and arrests of leading Bollywood celebrity figures by the Narcotics Control Bureau (hereinafter, the NCB) in the recent past threw open a Pandora’s box of controversies
Following recent reports of bribery allegations involving one of India's largest e-commerce companies, several pressing questions about the country's business environment have dominated the news.
Investigation firms are unexplored deep waters of the legal ecosystem that play a significant role in solving a case and preventing an offence by gathering timely and crucial evidence
Pre-matrimonial due diligence and post-matrimonial investigations are increasingly being handled by professional investigators. Earlier, parents, friends or family members used to verify the credibility and authenticity of the prospective bride/groom from their informal sources before deciding on a nuptial. However, the scenario is fast changing with matrimonial alliances being prone to forgery, cheating and legal disputes, cost of which is very high and damage irreparable.
The increase in cross-border employees, business partners, stakeholders, vendors and labour force questions the existing due diligence process followed in hiring or onboarding or conducting any business transaction, and necessitates a comprehensive human-intelligence led investigative due diligence to expedite decisions, minimize risk and avoid legal implications.
Financial frauds have increased in tandem with the increased number of online transactions. Detecting fraud in any sector is critical for keeping customers' money safe as well as reducing financial losses and keeping the company profitable. This short article outlines the nature and extent of the problem, and the various investigative tools and methodologies used by Intelaw to address the issues.
The maintenance provisions under the Indian law are often used for harassing one or the other party, and in many cases the quantum of the amount awarded as maintenance is inadequate. Professional investigative services like asset trace and financial due diligence can provide the aggrieved party with useful evidence in their fight for getting justice.
In recent days the term ‘moonlighting’ has become a hot topic especially in the IT industry. The IT giant Wipro recently fired 300 of its employees for moonlighting, while other big companies like IBM, TCS, Infosys have raised concerns about their employees doing a side job after working hours. The debate over ‘moonlighting’ doesn’t seem to settle, with divided opinions and lack of clarity, whether it's a moral, ethical or legal issue, or all of these. But the debate has definitely triggered the need for robust due diligence mechanism, enforcement of Business Code of Conduct, and internal investigations especially in the post-Covid-19 times, when the corporates are facing challenges to monitor employee misconduct, the increasing risk of fraud, financial and reputational loss, and of course the legal implications of terminating employee contracts.
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