EMPLOYMENT, LABOUR AND BENEFITS

  • Advising on the registration and licensing of factories under the Factories Act, 1948, including compliance with occupational safety, working hours, health conditions, and welfare provisions for employees; on lawful termination of employment, including retrenchment, dismissals, and redundancy, in compliance with the Industrial Disputes Act, 1947, Factories Act, and Shop and Establishment Act; on minimum wages as prescribed by central and state governments, including industry-specific wage structures and payment of wages as per the Minimum Wages Act, 1948; on the Payment of Bonus Act, 1965, including eligibility, statutory bonus payments, and structuring performance-based bonus schemes and incentive structures; on issues related to trade unions, industrial relations policies, and compliance with labor laws that govern union activities, collective bargaining agreements, and workplace disputes; on ESI registration, contribution requirements, health benefits, and medical care for employees under the Employees’ State Insurance Act, 1948; amendments to the Factories Act, Minimum Wages Act, Industrial Disputes Act, and new labour codes like the Code on Wages, 2019, and the Industrial Relations Code, 2020.

  • Drafting, reviewing, and negotiating employment contracts that are compliant with Indian labor laws, covering terms and conditions, probationary periods, termination clauses, and dispute resolution mechanisms; employee handbooks, HR policies, and code of conduct to ensure clarity in employment relationships, addressing issues like employee benefits, leave policies, overtime regulations, and disciplinary procedures; employee contracts, non-disclosure agreements (NDAs), non-compete agreements, and non-solicitation agreements to protect business interests while ensuring employee rights.

  • Representing employers and employees in labor-related disputes before the Labour Courts, Industrial Tribunals, National Industrial Tribunal and employment forums for claims related to unfair dismissal, worker’s compensation, and employee grievances' wrongful termination, retrenchment, and severance pay, employment-related litigation, advocating for settlements in labor disputes, mediation, or conciliation, and ensuring compliance with court orders or arbitration awards.