EMPLOYMENT
Due to the delicate and often pressing nature of employment matters, we at Khaitan Legal Associates ensure that our advisors are available at short notice to address our clients concerns in a prompt fashion.
Our team regularly advises international and domestic clients on a range of labour and employment relating matters. Our team provides prompt and practical advice on the full range of employment issues, from contracts and day-to-day employee relations advisory matters to the most complex restrictive covenant disputes and high-value discrimination and bonus claims. Our team has advised leading entities on collective redundancies, cross-border issues, hiring and firing, sexual harassment investigations and other disciplinary proceedings.
In India, the employment landscape includes a plethora of central as well as state specific laws and regulations which are constantly evolving, and employers are required to be aware and compliant with such laws that are applicable to them at all times.
Our employment team’s fundamental focus is to advise our clients on various legal and regulatory issues in relation to Indian employment and labour laws which include a full range of contentious and non-contentious services. Our team regularly advises clients on complex regulatory and legal issues with respect to Indian employment. We also advise on contractual documentation including employee and ex-pat contracts, staff handbooks, ensuring regulatory compliance, sexual harassment claims, structuring of ESOPs, assisting clients in resolving and managing a culturally diverse work force, non-compete issues, dealing with local tax and social security regimes, managing global rewards and benefits packages and the like.
Our expertise also includes dealing with delicate issues including termination of employment and sexual harassment of women at workplace in a culturally sensitive as well as practical manner.
- Advised on the investigation and other disciplinary hearing/process relating to a sexual harassment complaint at the Indian office of the world’s largest human resources consulting firm.
- Advised on and drafted exit and entry documentation for transfer of more than 150 employees in an Indian company as a part of business transfer.
- Advised foreign and Indian clients on their rights and liabilities vis-à-vis their respective employees under confidentiality, non-solicitation and non-compete provisions in the employment contracts.
- Assisted in setting up the internal complaints committee compliances on sexual harassment in client organizations and advised on requisite compliances.
- Advised a US based petrochemical company with presence in India in drafting its employee handbook for three different locations.
- Advised on closure of the offices of a leading US apparel brand in India leading to retrenchment of around 100 employees both workmen and non-workmen.
- Advised the Indian subsidiary of a leading US enterprise on dismissal of the employees on ethical grounds.