Management Company

Gomathi - Resume Legal - ** years experience

Gomathi KrishnamurthyNo 24 Flat E, South ParadeRamappa Nagar Perungudi, Chennai 600 096Mob *****************.******@*****.*******://in.linkedin.com/in/gomathikrishnamurthy/Skills:Contract Management- Drafting, review, negotiation and closureAssist in the assessment and interpretation of contracts with a primary focus onreducing and mitigating delivery and contractual risks associated with the servicesbeing provided Possess the ability to interpret requirements of the contract,monitor compliance with professional standards and contractual obligations, analyzeand assess potential impacts associated with contract delivery risksReview and perform risk analysis of the business and legal terms; Draft redlines and any exceptions language that will need to be considered andcorrelate provisions of the appropriate general business terms (GBTs) Detailed review and assessment of any mandatory requirements and identification ofthe critical or unusual termsCompliance and Due DiligenceTo conduct operational audits to ensure compliance with Group policies, guidelines &procedures and compliance with laws & regulationsRisk reporting- legalMaintain and develop awareness of legal risk issues and changes across thebusiness.Maintain strong relationship with business management to keep abreast of legalrisk and control issues.Develop, Initiate, maintain and revise policies and procedures of theapplicable compliance program.Business Compliance- Local Compliance, Country Compliance, GroupComplianceManaging day- today- compliance operation of the organizationsDevelop, periodically reviews and update standard of conduct in practiceIdentifies potential areas of compliance vulnerability and risk In-house department support- Advising the HR, Finance, MarketingDepartment on legal aspects and External Attorney liaisoningFreelancing:August 2012- till dateProjects done:Vetting and negotiating of Mining option agreement for a company based out of Peru(South America)Legal Consultant to GSTi Technologies ( Bangalore) Drafting, vetting andnegotiating IT contracts- MSA, Teaming Agreement, Software licensing agreement,Reseller agreementPreparation of due diligence checklist for a Private equity firm for its investeecompaniesRisk analysis report for Hinduja finance limitedDrafting of SOP for accounting for Danfoss industriesIncorporation of a private company- Patters Software design pvt limitedPrevious Employment:From January 2007 to August 2012Manager Legal - Randstad India LimitedMajor Assignments: 1. Conducted legal due diligence for take-over of operations of a group company, Team HR 2. Conducted legal due diligence for take-over of operations of a group company, Emmay HR 3. Involved in legal diligence of the sale of subsidiary company Ma Foi Consulting Solutions to ADP ( Automatic Data processing, UK) 4. Involved in sale of Minvesta ( IT subsidiary of Ma Foi) to TenX labs 5. RFP review of UNICEF, WHO, and other Government related contracts 6. International AgreementsScope of work: - Implementing policies to comply the framework of Legal risk management of the Company viz., 1. Business principles policy 2. Bribery, hospitality, gifts policy 3. Competition policy 4. Data protection policy 5. Discrimination, harassment policy 6. Document retention policy 7. Dawn-raid proceedings 8. E-mail archiving 9. Insider tradingResponsible for :HR Compliance policy codeStatutory compliance manualTime-bound compliance calendarPeriodic Review MIS Reports Document tracking reportContract registers and reports Legal research reports Litigation report Compliance report Liaison report (External Lawyers) Liability reports and Legal Risk Name change report Insurance reportIntegration of all Compliance officers across the country: Reminders by way of pop-ups Status update to Centers Generation of Reports Regular reports and Exception reports Circulation of event- based knowledge memos containing changes with impact analysis and suggested course of action Circulation of periodic Bulletin covering important developments and judicial pronouncements of relevanceLegal Help DeskLegal notices timely and effective action: Priority Identified responsibility Note on analysis, impact and response Quick answer Follow-up action Preparedness for the future actionAgreements: Covenants and Obligations Tenure Signing authority Time-bound compliances /renewal- tracking systems Negotiating and closing deals with ClientsScope of work in Detail:Litigation and related aspects: Taking care of all the litigation filed by Randstad and against Randstad by Clients, Deputees To coordinate with Advocates across the country and file necessary papers on behalf of Randstad, to resolve issues amicably. To coordinate with our local Attorneys for opinions on the cases and arrange for court appearances Drafting and sending legal notices to Clients for payment defaults, replying to legal notices sent by Clients and deputees for pending dues and miscellaneous aspects Preparing a monthly report and quarterly report on litigation status Types of claims handled: Liability related to Indirect & Direct employees Permanency claim by Deputees Arises in case of Deputees who work with the same client for longer period Compensation benefits for Deputees Arises due to termination of Deputees with short notice and who had worked for longer period Termination liabilities Includes claim for leave salary, reinstatement, back wages, service continuity, redundancy benefits etc Gratuity claims for Deputees This arises in case the Deputees are continuously engaged with a single client for a period of 4.8 yrs Breach of Confidentiality Access to data base, rate contracts, client information etc shall be the reasons of liability for the Company arising out of direct employees also. Non-compete Liability arises when the non compete clause is breached Non Poach Liability arises when our key employees are induced to be employed by our clients Death of Deputees/Employees During the period of employment Work place issues Sexual harassment, Abuse of employeesContract Execution Management: Drafting, vetting, negotiating Global client servicing contracts Drafting, Vetting of Contracts entered with Clients by Group companies and In-house services Vetting of lease agreements for local and international operations Vetting of International Client contracts Vetting of all types of Consultant, Subcontractors and Internal contracts Contract renewals with Clients Coordinating with the Clients through con calls, for providing clarification for issues raised by them Coordinating with the internal BD members and CRD members to clarify legal issuesDue Diligence: Due diligence on Title documents for leased premises Due diligence on statutory compliancesCustodian of Insurance policies for the Company: Professional Indemnity policy Covers professional liabilities including errors & omissions arising out of the services Commercial General Liability policy Covers third party liabilities and is a combination of Public and Product liabilities Directors and Officers Liability policy Covers the liabilities arising out of the directors and officers, damages, judgments, settlements and defence costs which they are legally obliged to pay arising from a claim for wrongful acts made during the policy period Policy on Assets Various policies for protecting the assets of the Company GPA Group Personal accident Policy for the Direct & Indirect Employees GMC Group Mediclaim Policy for the Direct & Indirect Employees Fidelity Insurance For all cash/related assets Workmen s Compensation Policy For Indirect employeesLegal Compliance Management and related issues: Analyze the risk factors faced by the Company on Contracts, non-compliances to Regulations, non- registration etc Keep a vigil on the Insurance policies applicable to the Company. Proactively avoid litigation Organizing meeting with the concerned Labour offices and resolving issues on pending compliances Coordinating with the respective team members and compliance officers for applying for Labour licenses, renewals, S & E applications Resolving affairs relating to deputees on non- payments and pending dues, duly coordinating with the team members Resolving legal notices from deputees across the country Taking strategic decisions on the deputee affairs and resolving the issues amicably in favour of Randstad Handling statutory compliances and resolving Government Department notices in time, by coordination with the respective compliance officer of that area To liaison with Government departments for licences, notices, renewals, fresh applications and resolve issues relating to the sameLegal help desk: Legal queries on various Acts viz., PF, ESI, Bonus, Minimum wages etc are being handled for deputees Responding to HR queries and assisting in drafting offer letters, issuing termination notices, drawing policies etc Coordinating with Finance Department on litigation matters arising out of Tax obligations like service tax and coordinating with Advocates for opinion Pending collections are collated and legal notices are sent to the respective clients for breach of obligations Drafting Lease agreements for Admin Department and doing title verification and coordinating for necessary registration of documents Attend Court matters, enter appearance on behalf of the Company before the Judicial authorities, represent the Company on legal issuesGENERAL: In general, coordinating with local Attorneys on IPR filings, seeking legal opinions related to the Trade mark filings, classification of classes, coordinating with the Group IPR Attorneys for Search Reports and IPR registrations across globe From November 2002 to October 2005Legal Assistant- RailwaysEducation: PGDBM (FINANCE) Bharathidasan Institute of Management, Bangalore 2006 - Financial Services - Corporate Finance and Strategy - Marketing - Human Relations - International Business - Corporate communications - Management Information Systems ( MIS) - Business Economics - Security Analysis and Portfolio Management LLB: - Kakatiya University, Warangal- 2002 B. A Osmania University 1998 - Sociology, Public Administration, Political Science Interests: Painting Personal Details: Gender Female Date of Birth- 31.05.1978