LABOUR & SERVICES LAW
Indian labour statutes are archaic, complex, rigid, often over-lapping and most importantly varying from one State to another. Our Firm with its in-depth understanding of various aspects of labour and employment laws insulate business organisations from challenges emerging from these labour law statutes.
Our Firm’s wealth of experience in a wide array of issues relating to labour and employment enables us to assist our clients in avoiding distractions of regulatory investigations and employee disputes. Our Firm’s strength is in understanding our clients’ businesses and in our ability to work closely with them to provide realistic, cost-effective and business-savvy solutions to the human resource and employment problems confronted by them.
Our Firm guides both domestic and international clients, through the web of regulatory compliances and legal aspects of employment and labour law. Our extensive experience includes a full spectrum of non-litigation and litigation advice in all types of labour and employment related matters including the following:
01 Service Matters Retiral benefits02 Service Matters Regularisation of ad-hoc employees etc.03 Service Matters Removal/Dismissal/Termination from service or other penalties04 Service Matters Suspension05 Service Matters Compulsory retirement06 Service Matters Disciplinary proceedings07 Service Matters Condition of service08 Service Matters Promotion09 Service Matters Seniority10 Service Matters Pay scales11 Service Matters Reservation in service for SC/ST/OBC12 Service Matters Equal pay for equal work13 Service Matters Others14 Service Matters Medical facilities15 Service Matters Recruitment/Transfer/Compassionate Appointment16 Service Matters Minor penalties17 Service Matters Back wages18 Service Matters Voluntary Retirement19 Service Matters Allotment of Accommodation20 Service Matters Probation & Confirmation21 Service Matters Temporary Appointment22 Service Matters Use of forged/false document(s) for securing employment
Advising and Counseling:
We advise employers & employees in all areas of day-to-day personnel practices and employee relations matters, including discrimination and harassment issues, layoffs and plant closures, interpreting and applying employment policies and legal requirements for specific personnel decisions, conducting and supervising internal investigations, counseling on appropriate actions to minimize risk of liability and negotiating and preparing employment contracts and separation agreements. We also assist clients on preparing and enforcing non-disclosure, trade secret, non-solicitation, and non-compete agreements.
HR Documentation:
Our Firm’s attorneys are familiar with the pitfalls that may arise in HR documentation and therefore our Firm provides speedy and concise advice on a variety of HR documents. Besides our Firm’s attorneys are adept in advising as well as drafting:
- Offer letters, employment agreements for key employees as well as non-key employees
- Employee Non-Disclosure, Non-Compete and Non-Solicit Agreements
- HR sharing- Secondment and Deputation Agreements
- HR policies and manuals
- Closure Notices and Letters
- Consultancy Agreements
- Termination Letters, Severance Letters and Release Agreements
- Show cause notices
- Contract Labour Agreements
- Review of MOU with Trade Unions
- HR Audit
- Employee Training Bonds
- Employee Handbooks / Manuals:
Our Firm’s attorneys understand that an employee handbook is not merely a code of conduct but an employee’s guide to appreciate organisation’s mission, vision, values and work-culture, and assimilate them with employees’ personal goals and aspirations. An employee handbook facilitates smooth functioning of the organisation by setting out procedures, rules and regulations for the employees within the organisation in its daily operations including dealing with clients / customers. The employment and labour law practice group at our firm specializes in drafting crisp and customized employee handbooks to suit the requirements of the clients. The handbook is structured to incorporate precise clauses on standard employment practices including in relation to conditions of service, code of ethics, vacation / leave policies, prohibition of harassment, employment benefits, discipline and grievance redressal, separation, confidential information, usage of organisation’s resources including computers / internet, assignment of intellectual property rights, etc.
Structuring of Employee - Employer Benefits & Compensation:
The key to acquiring new talent and retaining old employees is formulating an attractive remuneration and incentive package which is simultaneously tax efficient for both the employer and the employee. Our Firm’s attorneys assist client in formulating such tax-efficient and labour statute compliant compensation packages which are acceptable to both the employer and employee.
HR Due-Diligence / HR Audit:
The most important aspect of any M&A transactions is that the acquirer essentially acquires human capital. Our HR audit enables the acquirer to identify key employees, review and assess the level of HR documentation of the target, detect any threats in the form of non-compliances under various central / state labour legislations. Our Firm’s attorneys conduct HR audit to deliver positive solutions. Besides HR due diligence for M&A, our Firm assist many clients in under taking internal HR audit to ensure that they are compliant under various labor statutes and thwart any legislative action for non- compliance. Our Firm has even handles sensitive matters involving allegations such bribery, corrupt practices, etc.
Advising in relation to Transfer of Employment:
Transfer of business undertaking whether by amalgamation, restructuring, sale of business undertaking, assets sale or otherwise involves several issues such as the transfer of employees and their accrued benefits, taking employees and / or trade union into confidence. We advise clients on the various labour law implications arising out of such transactions and assist clients in structuring such transactions in a manner so that the transfer of employment complies with all statutory requirements is free from any legal impediments.
Disputes and litigation:
We represent our client in administrative and judicial forums in which workplace disputes are redressed. We know how to gauge exposure, manage risk and litigate cost-effectively. We help develop best practice policies to manage personnel effectively, and to reduce the risk of costly and disruptive litigation, but when litigation is necessary, we are aggressive and proactive.
The Employees' Provident Fund Organisation
India, is one of the largest provident fund institutions in the world in terms of members and amount of financial transactions that it has been carrying on. Employees' Provident Fund Scheme takes care of following demands of the members:
We represent our client in administrative, Qusi-judicial and judicial forums in which workplace disputes (7a Inquiry) (i.e. THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 Section-7a) are redressed. We know how to gauge exposure, manage risk and litigate cost-effectively and reduce the risk of costly and disruptive litigation, but when litigation is necessary, we are aggressive and proactive.