* Employment law or labour law is an essential component of any business.
* The law relating to labour and employment in India, is primarily known under the broad category of "Industrial Law and therefore is the awareness of one’s rights. It is the balance between the rights and responsibilities of both employer and employees.
* The law mandates a substantial number of guidelines in respect to work pace related issue, it’s also categorised as Industrial law. The law focuses on the term of employment and the conditions of labour, the objectives of state statues is to regulate and maintain harmonious environment and to prevent employees from exploitation. Job security which is an important factor has been protected from unjust discharge and termination by the amendment of Industrial Adjudication.
* Labour and Employment laws have been Liberalized for the protection, welfare and added benefits which is categorised into two before retirement and after Retirement. Before Retirement he/she is eligible for overtime, Maternity, Workers Compensation and disability, Paternity etc., after retirement will include Pension, Provident Fund, Insurance and Gratuity.
* Mechanism involved in the process of settlement would differ depending on the facts of the case such as Arbitration, Mediation and conciliation, Adjudication etc.,
By Laws and Acts that mediate the link between the entities, workers, union and government under the subject of employment and labour are,
At Vakilpro the services of our employment and labour practice includes:-
• Advising on the legal obligations and entitlements of employers and employees as well as related issues arising from termination of employment contracts.
• Female employee related issues such as related matters of -sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 that seeks to protect and provides a mechanism for women to report incidents of sexual harassment at their place of work.
• Pensions and insurance.
• Drafting and reviewing hr policies, incentives and pensions.
• Drafting and reviewing specially designed contracts for employees at different levels.
• Dealing with contentious issues such as disputes arising from restrictive covenants, non-competition undertaking, confidentiality, fiduciary duties.
• Applying for and opposing employment related injunction applications.
• Boardroom disputes and severance claims
• Collective bargaining issues including trade union recognition and negotiations.
• Discrimination and harassment claims.
• Employee benefits and executive compensation including incentive plans and taxation.
• Employment and labor law aspects of all corporate finance transactions.
• Trade unions and litigation.
• Employment policies and procedures, including codes of conduct.
• Immigration law including visas, work permits and international mobility.
• International employment issues including dual contracts.
• Investigations of workplace issues and allegations.
• Judicial review advocacy.
• Pay and employment equity.
• Pensions and superannuation.
• Privacy law and access to information.
• Redundancies and dismissals.
• Service agreements, contracts of employment and hr handbooks.
• Transfer of undertakings.
• Whistle-blower laws, retaliation claims and related investigations.
• Workplace health and safety incident response and education.
• Workplace and industrial relations disputes and strategies.
• Dispute resolution
• Disciplinary matters
• Non-compete provision agreements.
• Labour court litigation.