EMPLOYMENT

The Firm advises on the application of employment laws, understanding client requirements to conform to the diverse employment laws/regulations, while having due regard to their own practices and objectives. The Firm has been extensively involved in drafting and reviewing employment contracts for employees, whether at a managerial level or otherwise, including advising on the enforceability of negative covenants such as non compete and non solicitation. The Firm regularly reviews and advises clients with regard to the employee handbooks and policies to ensure their compliance with Indian law.
The Firm has also prepared and carried out training sessions for management and other employees of the local subsidiaries of multi national companies with respect to applicable labour laws. One of the most important concerns for clients is the termination of employees, either for cause or simply as a part of a reorganization of the business. In this regard, the Firm has extensively advised clients with respect to termination of employees and the steps to be taken especially in the case of termination of ‘workmen’ who are offered protection under the Central labour statute. The Firm has also advised its clients with respect to employment issues to be considered in the course of the mergers or acquisitions whether by way of a share sale or business transfer. The Firm has also advised clients, along with specialised labour counsel, with respect to closure of establishments and voluntary retirement schemes which may be offered to employees with a view to reducing the workforce.
The Firm also advises on issues and investigations relating to sexual harassment at the workplace as well as allegations of fraud and violation of the local anti corruption laws against senior employees.