Labour & Employment Laws

Companies today and their board of directors, compensation committees, HR functions face a plethora of issues around employment. Employment laws in India includes a myriad of central and state specific legislations, administrative rulings and judicial precedents.
ThinkLaw’s employment and labour law team consisting of experienced lawyers and sector specialists have been engaged in representing national and multi-national clients in a diverse range of employment matters including issues ranging from statutory contributions, incentives, stock options, data privacy, collective litigations, union issues, HR policies, employment contracts, retrenchment, downsizing strategies and advice, employee disputes and sexual harassment.

Services Offered

The scope of our work extends to the following areas:

• Strategizing on employee recruitment, retention and termination.
• Advised and assisted in pandemic driven downsizing, salary reductions.
• Advised on various central and state specific labour laws and compliance thereof.
• Advising and assisting in drafting employee stock option plans, employee handbooks, employment agreements and matters in connection therewith.
• Employee related disputes including terminations.
• Employee investigations using forensic discovery.
• Due diligence and employment related documentation.
• Advising on matters relating to prevention of sexual harassment.

Some of the significant engagements in relation to which services have been rendered are listed below:

• Advised clients in relation to various employee leave related aspects viz. leave accumulation, and encashments for employees across different locations in India and formulating the company leave policy keeping in view various applicable state specific and central laws.
• Advised clients in relation to structuring salaries for provident fund contributions in light of recent amendments in applicable laws.
• Advised clients in relation to various aspects of employee benefits under applicable laws.
• Advised clients in relation to applicability and various aspects of provident fund laws applicable to expatriates/international workers and Indian employees in light of recent judgments and amendments in applicable laws.
• Advised clients in relation to breach of non-compete and non-solicitation obligations of employees and ex-employees.
• Advised clients in relation to various aspects of labour laws and implementation thereof.
• Advising and assisting clients in relation to drafting and reviewing employee handbooks and employee contracts.
• Advised and assisting in relation to a high-level guidance on the process to be followed by an organization with respect to consultations/communications for standardization of job grades across all bands of professional roles.
• Representing as an external member on the POSH committees formulated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 of various companies.