EY Recruitment Written Test - Question Set 1

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

EY Recruitment Written Test

Case 1:

SOLUTION: As a member of the HR – Legal Compliance Team at Alpha Pvt Ltd., here are some basic
labor and employment compliances that the company should follow:

A. Ensure a safe and healthy work environment for all employees. Regular safety checks and
training should be conducted to prevent workplace accidents.
B. Adhere to standard working hours and provide appropriate breaks. Compensate for any
overtime work as per company policy.
C. Pay employees at least the minimum wage as per local standards and ensure timely
payment of salaries.
D. Offer statutory benefits like provident fund, health insurance, and gratuity as applicable.
E. Set up a mechanism for employees to raise grievances and ensure these are addressed
promptly and fairly.
F. Provide facilities like clean drinking water, restrooms etc.

Case 2:

SOLUTION: Based on the extract from Schedule 1, Section 5 of the Personal Information Protection
and Electronic Documents Act (PIPEDA) in Canada, the following compliance measures need to be
followed by the Companies:

a. Designation of a Privacy Officer: The organization must appoint an individual/s responsible


for ensuring the organization’s compliance with the privacy principles outlined in PIPEDA.
The identity of the designated Privacy Officer must be made available to relevant
stakeholders upon request. This individual shall bear overall accountability for the
organization’s compliance, notwithstanding the delegation of certain operational tasks to
other personnel within the organization.

b. Ensuring Protection of data shared with third party: When personal information is
transferred to a third-party processor, the organization is obligated to ensure that the third
party provides a level of protection for the data that is equivalent to that provided by the
organization. This obligation should be met through the establishment of contractual
agreements or the implementation of other suitable safeguards to protect the data while it
is being processed by the third party.

c. Implementation of Privacy Policies: The organization is required to develop, implement, and


maintain policies and practices that safeguard personal information. These policies must be
regularly reviewed and updated as necessary. The organization must also train its employees
on these policies, establish procedures for addressing complaints and inquiries related to
privacy, and ensure that the policies are clearly documented and communicated to both
internal staff and external parties.

Case 3
SOLUTION: To identify the laws applicable to CTS Pvt. Ltd.'s operations in Maharashtra, Tamil Nadu,
and Bihar, the following process should be undertaken:

1. Identify the Jurisdictions where company is having its business operations

The very first step will be identification of jurisdictions where CTS Pvt. Ltd. is having its business
operations. This will help in ensuring that all the relevant state laws where the company is having it
business operations are followed.

2. Identify Relevant Legal Areas

a. Labor and Employment Laws

b. Industry-Specific Regulation such as data protection and cybersecurity requirements.

c. Taxation Laws

d. Commercial and Corporate Laws

f. Environmental Laws

3. Conduct Legal Research

After identifying the relevant legal areas, legal research should be made for determining the specific
laws applicable to the industry. For this below-mentioned sources should be referred to:

a. Bare acts
b. Government websites (e.g., Ministry of Law and Justice)
c. State government portals for Maharashtra, Tamil Nadu, and Bihar
d. Legal databases (e.g., Manupatra, SCC Online, Westlaw India) for updates
e. Legal commentaries and digests
f. Industry-specific guidelines and legal journals

4. Compile and List Applicable Laws

Create a comprehensive list of applicable laws, categorizing them into central and state-specific
laws.

Central Act:

a. The Information Technology Act, 2000


b. The Companies Act, 2013
c. Contracts act
d. The Income Tax Act, 1961
e. CGST act, 2017
f. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
g. The Payment of Gratuity Act, 1972
h. The Maternity Benefit(Amendment) Act, 2017
i. The Industrial Disputes Act, 1947
j. Digital personal data protection act, 2023
k. Copyright laws
l. Environmental protection act

Central rules:
a. IT (Intermediary guidelines and digital media ethics code) rules, 2021
b. Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules, 2011

State laws:

Maharashtra:

a. Maharashtra Shops and Establishments (Regulation of Employment and Conditions of


Service) Act
b. IT/ITES Policy 2023
c. The Maharashtra Goods and Services Tax Act, 2017

Tamil Nadu:

A. Tamil Nadu Shops and Establishments Act, 1947


B. Information Communication Technology Policy, 2018
C. Tamil Nadu GST Act, 2017

Bihar:

a. Bihar Shops and Establishments Act, 1953


b. Bihar Goods and Service Tax Act, 2017

5. Analyze Key Aspects of Legislation

a. Scope and Applicability: Reviewing the applicability of each law based on the the nature of
business operations.

b. Compliance Requirements: Identify specific obligations such as registrations, filings, maintenance


of records, and adherence to prescribed standards.

c. Penalties for Non-Compliance: Keeping note of the penalties for non-compliance to ensure CTS
Pvt. Ltd. remains aware of the legal risks.

6. Cross-Verify to check for amendments

Cross-checking the laws with multiple sources, including legal databases and government websites.

7. Compile and List Applicable Laws

Preparing a comprehensive list of applicable laws, categorizing them into central and state-specific
laws and Including key aspects like compliance requirements and penalties.

Case 4

SOLUTION:

PROVISON: SECTION 19(3)

REQUIREMENT:

A person conducting a business or undertaking must take all reasonably practicable steps to ensure a
safe and healthy work environment. This includes providing and maintaining a workplace free from
health and safety risks, ensuring that equipment, structures, and systems of work are safe, and
handling, using, and storing equipment and substances safely. The business must also provide
adequate welfare facilities for workers and ensure they have access to these facilities. Additionally, it
is essential to offer the necessary information, training, instruction, or supervision to protect
everyone involved in the work. Finally, the health of workers and workplace conditions must be
regularly monitored to prevent illness or injury related to the business's operations.

Provision: Section 38(1)

Requirement: The company is required to notify the regulator immediately after becoming aware of
a "notifiable incident." This includes any work-related incident that results in death, serious injury, or
illness, or a dangerous incident that exposes someone to a serious risk to their health or safety.
Additionally, XYZ Ltd. must preserve the incident site until an inspector arrives or otherwise directed
by the regulator.

You might also like