Labour and Employment

If everybody lives by the sweat of his brow, the earth will become a paradise – Mahatma Gandhi

India arguably has the world’s largest educated workforce available at salaries that are still substantially below the benchmarks of developed economies. The availability of economical educated workforce facilitates foreign investors to source international quality services and products at comparatively lower costs.

To benefit out of the “cost advantage” of doing business in India, one needs to be careful in compliance with applicable laws as well as the local sensitivities and issues in hiring and rationalizing the workforce.

Professionals of LexCounsel have over the years advised many Indian and foreign businesses on aspects of employment laws, compliances and strategies including.

  • Preparedness for labour law codes.
  • Employment, retainer, consultancy and advisory contracts, employee manuals, policies and benefit schemes and recruitment strategies.
  • Attrition issues, pre and post termination restrictive covenants and enforcement of post termination confidential, non-disclosure and non-solicitation obligations and protection of trade secrets.
  • Closure of businesses, settlement of employee dues, good-faith placement assistance, transfer of divisions with continuity of service and employment benefits.

Notable Representations

  • CPA Global Support Services India, review of internal policies and procedures including whistleblower policy and advice and assistance concerning an internal inquiry against an employee. 
  • World Learning Inc., assessment of options in alternative to termination including furlought, possibility of paid leaves and other options during the COVID-19 pandemic, advice on rights and measures proposed to be adopted for fixed term contract employees, advice on immigration laws and visa requirements. 
  • NSF International, advise on the India leg of the global level reorganization of workforce including advising on requirements for terminating employees.
  • Kamonohashi Project, Japan, advise concerning termination of contracts of consultants including related to notice, waiver of notice, cessation of access to e-mails, etc. 
  • Farcast Biosciences Private Limited, assisted in various labour and employee matters in the course of undertaking business operations such as undertaking an internal restructuring of employees including termination of the identified employees, handling of internal complaints received against an employee, etc. 
  • SSIPL Retail, advise on the right of an employer to lay-off and retrench its employees as per the Indian Labour Laws and restrictive orders passed by the Government of India during the lockdown amidst the outbreak of COVID-19; 
  • ICS Foods, Advise on the payment of basic wages to ‘workman’ category employees in a ‘Principal Employer’ and ‘Contractor’ relationship and strategized the implementation of the same. 
  • Power2SME, advised on the right of an employer to revise the remuneration of its various classes of employees pursuant to the restrictive orders imposed by the Government of India during the lockdown amidst the outbreak of COVID-19. 
  • Depa Interior LLC, advising the Client on reduction of wage bills by employers in the private sector amid the outbreak of COVID-19 pandemic and consequential Government orders and advisories. 
  • Macmillan Publishers India Private Limited, advising the client on various labour law requirements and compliances for the employees employed in different offices and warehouses of the Company across India including compliances under the Industrial Disputes Act, 1947, etc. 
  • Springer Nature India Private Limited, assessment of the provident fund contribution in terms of the provident fund regulations and impact of the Supreme Court judgment in determination of the provident fund contribution for the employees. 
  • Pluralsight Inc., advised and assisted the client in review of employment agreement for the Indian employees and advised on applicable Indian legislations and provisions concerning termination of the workmen and managerial category employees; concerning the allowances to be included in the course of determining and depositing provident fund contribution for its employees; advice on conduct of consensual criminal and civil background checks on employees proposed to be hired in India. 
  • The Newtown School, Kolkata, assisted the client on several employee matters including but not limited to review of employee policies, termination of staff, disciplinary issues, etc. 
  • Pinax Paper Mills Private Limited, advised and assisted the client in preparing employment handbook for its factory and offices having more than 100 employees in the states of Bihar and West Bengal. 
  • Openmind eDesign Private Limited, advised the client in relation to termination of an employee in light of a police investigation against the employee, handling the post termination issues, advice on the criminal investigation against the employee and strategies thereto. 
  • Advised the Biryani Blues chain of restaurants in its labour and employee matters including drafting of the agreements for engagement of delivery riders, review of offer letters and appointment letters executed for engagement of employees and advised on related labour law compliances and employee benefits to be granted to full time employees and freelance delivery riders.