Employment

The firm advises both domestic and international clients on the complex regulatory and legal aspects of employment and labour law in order to enable full compliance with all the applicable laws and provisions. The firm is actively involved in drafting and reviewing of employment documentation and advising on a wide range of labour law related queries, including structuring of ESOPs, transfer of employees, termination, non-compete issues and the like. The group predominantly represents companies and their management on employment related projects and litigation.

The firm advices on the following areas :

  • Employment Strategy and Documentation
  • Employee Benefits & Compensation Structuring
  • Employee Stock Options & Share Plans
  • Company Policies
  • Labour Law Advise
  • Employment Termination
  • HR Legal Audit
  • Employment Litigation
  • Transfer of Employment
  • Non-Disclosure Agreements
  • Confidentiality Agreements
  • Employment Claims
  • Employment Contracts
  • Downsizing

Our Employment – Labour Laws practice covers broadly the following :

1. H.R Manual and Staff Handbook
Drafting and documentation of conditions of service, social benefits, rules and regulations, code of ethics, disciplinary and grievance matters, leaves, benefits and various other policies.

2. Due Diligence/ Compliance study of Labour Laws
Inspection of records, highlighting discrepancies and advising remedial measures. Conducting on the spot physical inspection of factories and establishments.

3. Employees Code of Conduct
Drafting a manual/code of fair ethics and good conduct applicable to employees at workplace and outside workplace for strengthening the image/brand of the company and minimizing the risk of violation of the applicable laws and regulations.

4. Social Security and Insurance Benefits
Advising on Social Security Laws and compliance requirements. As well as soliciting on the support staff various social security issues. Providing assistance to the management for complying with the health and safety issues.

5. Severance and Retrenchment Laws
Advising the management on various policies regarding the Indian retrenchment laws and their compliance thereof, wrongful dismissal, handling redundancy claims.

6. Social Benefits
Advising on social beneficial laws of Maternity Benefit Act for ensuring compliance of the provisions of leave, maternity benefit and certain other benefits to the women employees and to ensure compliance of the same as well as advising and drafting of anti harassment policies. Also advising Payment of Bonus to the employees in certain companies on the basis of profits or production, as well as advising on the maintenance of records and register, Payment of Gratuity Act, Employees State Insurance, Provident Fund and to ensure compliance of the provisions envisaged in the relevant Acts applicable.

7. Contracts
Advising and drafting business transfer agreements wherein employees are transferred to another company, drafting of Employment Contracts, Retainership Agreement, Termination Letter, Probation Clauses, Non Disclosure Agreements, Confidentiality Agreement, Secondment Agreement etc.

8. Contract Labour and Regulations
Advising on registration of establishments, maintenance of registers and other records, hiring of contract labour and licensing of contractors and ensuring the compliance of the provisions laid down in the relevant law. Further advising the management on the compliance of the provisions relating to welfare, health, safety and conditions of service of contract labour. Assisting the management in licensing and regulation of the sector.

9. Trade Union Laws and related activities
Advising the management on the issues related to handling and negotiating with trade unions, the laws applicable and their compliance thereof.

10. Workplace accident and fatal accident compensation Law
Advising the management on employer’s liability (civil and criminal) for compensation payable to an employee involved in an accident fatal or otherwise. Also advising the management on the compliance of the provision as envisaged in the relevant laws applicable.

11. Factories’ Law
Advising the management on registration and licensing of factories, health and safety safeguards to be maintained, and welfare and other such conditions of service and ensuring compliance of the provisions of the relevant Laws.

12. Environmental Laws
Advising the client on National and International treaties and legislations. Pollution Control in any environmental medium, construction related environmental issues, environment implications on the acquisitions and/ or sale of business and regulatory compliances. Counseling the client on issues in relation to eco-auditing and eco-assessment. Assisting in obtaining environmental clearances for infrastructure projects as well as environmental audits.