Overview

THE REGULATORY ENVIRONMENT

In India, labor laws fall under the concurrent list, granting authority to both the Central and State Governments to regulate this area. The intricacies of India’s labor law framework make it essential for firms to understand various compliances and regulatory requirements that must be adhered to. While the introduction of four new Labor Codes is expected to simplify existing labor laws, they will inevitably come with their own complexities, requiring companies to navigate through them.

In India, labor laws fall under the concurrent list, granting authority to both the Central and State Governments to regulate this area. The intricacies of India’s labor law framework make it essential for firms to understand various compliances and regulatory requirements that must be adhered to. While the introduction of four new Labor Codes is expected to simplify existing labor laws, they will inevitably come with their own complexities, requiring companies to navigate through them.

The advent of technology has brought about a significant paradigm shift, particularly in talent, workforce, and organizational structures. The digital age’s impact on job creation and talent mobility will necessitate global governments to respond to industry demands. Consequently, businesses will face the challenge of complying with both Indian and external governments’ laws and regulations.

India has also witnessed a growing emphasis on compliance regarding CXO and board-level compensations. Furthermore, as employees gain more bargaining power, employer-employee disputes have become more prevalent during and after termination of employment. To effectively address such situations, robust employment documentation, clearly outlining the rights and obligations of parties, becomes crucial.

HOW CAN WE SUPPORT YOU?

ELP’s team offers comprehensive assistance in employment law matters, including labor issues. The team comprises domain specialists, lawyers, and chartered accountants, working together to provide pragmatic, solutions-oriented, and timely advice.

ELP’s team offers comprehensive assistance in employment law matters, including labor issues. The team comprises domain specialists, lawyers, and chartered accountants, working together to provide pragmatic, solutions-oriented, and timely advice.

Our services include compliances and labor law advisory,  end – to – end assistance on compensation structures and employee documentation , due diligence audits, large scale employee exits, workforce restructurings and closures.

Additionally our expertise extends to managing investigations related to white-collar offenses and allegations of sexual harassment, ensuring thorough and sensitive handling of these critical issues.

Services

Financial Impact Analysis

Our comprehensive analysis includes reviewing the existing compensation structures to identify any necessary revisions to contributions under PF, ESI, and gratuity. Additionally, we assess the current employment arrangements to estimate the potential annual impact of additional obligations arising from the New Labour Codes. Our experts also compute revised compensation structures, taking into account inclusions and exclusions of various traditional salary components to ensure a thorough evaluation.  

Legal Analysis

Our services encompass a detailed analysis of various employment arrangements, categorizing them for better understanding and compliance. We thoroughly assess the “as-is” impact of these arrangements on existing HR policies to ensure smooth alignment with the new regulations. Moreover, we identify and incorporate penal clauses for non-compliance of provisions, covering all relevant stakeholders.  

Employment Documentation

Drafting and reviewing employment offer letters/ agreements, confidentiality agreements, intellectual property assignment agreements, non-compete and non-solicitation agreements, termination agreements, settlement agreement resignation letters, and secondment agreements as well as consulting agreements. 

 

Compliance & Labour Law Advisory

Assistance on various labour law issues pertaining  including but not limited to health and safety, leave entitlement and encashment, termination of employment, overtime payment, hours of work; social security, minimum wages, contribution to the provident funds, gratuity, bonus, benefits available to employees in case of sickness, maternity and employment injury etc. 

We specialize in designing and structuring ESOPS (Employee Stock Ownership Plans) and are proficient in drafting policies and grant letters tailored to meet the unique needs of our clients. Our in-depth knowledge and experience enable us to facilitate the seamless granting and issuance of RSUs (Restricted Stock Units) and phantom stocks by multinational companies to their Indian employees. We understand the significance of incentive schemes in attracting and retaining top talent, and our strategic approach ensures that these schemes are not only compliant with relevant regulations but also align with our clients’ business objectives.  

 

Due diligence & compliance audits

We offer comprehensive services to support M&A transactions, including conducting due diligence exercises on the employment and labor law compliances of target companies. Our expertise allows us to identify and advise on labor law risks and non-compliance issues, ensuring a smooth and legally sound transition. Furthermore, we conduct internal health checks on labor law compliance and advise on remedial measures. 

Anti-Corruption and Bribery / White Collar Crimes

Our team provides comprehensive advisory services to domestic and international clients, covering diverse white-collar issues such as anti-bribery and corruption laws, corporate and accounting fraud, insider trading, data privacy and security, global statutes like FCPA and UKBA, corporate compliance, and money laundering. We assist throughout the entire white-collar crime investigation lifecycle, conducting evidence and forensic reviews. We also support clients with internal audits, defense in investigations, and offer general advisory for wrongdoings by senior management and employees. Our expertise ensures tailored solutions to safeguard your organization’s integrity and reputation . 

Prevention of Sexual Harassment at the Workplace

We handle sexual harassment complaints and have extensive experience representing various companies in their internal committees. Our expertise also extends to drafting and reviewing employee handbooks, code of conduct, policy manuals, and anti-harassment policies. With a strong commitment to creating safe and respectful workplaces, we ensure that organizations are equipped with robust policies and procedures to prevent and address any instances of harassment. 

Large-scale employee exits, workforce restructurings, and closures 

Managing large-scale employee exits, workforce restructurings, and closures is a multifaceted challenge that requires careful planning and expertise. Whether due to strategic shifts, economic changes, or organizational adjustments, navigating these situations necessitates a deep understanding of employment laws, regulations, and best practices. Our specialized team possesses the knowledge and experience to provide comprehensive support during these critical transitions. We ensure compliance with relevant labor laws, help mitigate potential risks, and guide you through the complexities of employee terminations, restructurings, and closures, all while prioritizing the well-being of your workforce and preserving your company’s reputation.

We also specialize in strategizing employment termination and downsizing processes while providing expert advice on the applicable laws in relation to these matters. Our team is well-versed in navigating the complexities of employment regulations, ensuring that our clients handle terminations and downsizing in a legally compliant and sensitive manner.  

General advisory and regulatory scrutiny  

Our team excels in addressing regulatory scrutiny, particularly concerning high-value social security matters, including Provident Fund (PF) and Employee State Insurance (ESI) non-compliance claims. With our specialized expertise, we navigate the complexities of these challenges, ensuring strict compliance and swift resolution of issues. Further, our team provides comprehensive day-to-day advisory relating to Provident Fund (PF), Employee State Insurance (ESI), and other social security matters including advisory on new laws, trends, and amendments in the subject area. Additionally, we also offer expert assistance in resolving employee disputes and discrepancies related to social security compliance. 

Thought Leadership

News & Media 17th Jun 2024

Centre makes fresh bid to push labour codes

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News & Media 12th Jun 2024

50% assured pension for central govt staff under NPS: Proposal explained

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Articles 24th Apr 2024

Impact of the New ‘Wage’ Definition in the Labour Codes: Changes, Ambiguities, and Compliance Measures

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News & Media 25th Mar 2024

Labour codes to take effect soon after polls: Official

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News & Media 27th Feb 2024

Will higher EPS pension dream collapse due to EPFO’s new calculation rules?

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News & Media 10th Jul 2023

Is there still a chance for higher EPS pension deadline extension?

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Alerts & Updates 24th Apr 2023

Ikea cut ties with its local security services provider over labour breach policy

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Newsletter/Booklets 7th Apr 2023

Labour & Employment and The Hospitality Sector

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Recent Matters

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Assisted a US based waste management company in all labour related contractual agreements for setting up its operations in India.

Assisted a US based waste management company in all labour related contractual agreements for setting up its operations in India.
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Assisted a large electronics manufacturer on site factory accidents including strategic advisory in relation to drafting replies to the authorities,...
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Advised Punjab Kings on various employment models that will be suitable for its operations and marketing role. Also assisted in...
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Assisted SAMHI Hotels d in assessing the apprentices in the Company and guided the Company regarding various compliances and registrations...
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Assisting an FMCG company in a sensitive exit of a critical CXO.

Assisting an FMCG company in a sensitive exit of a critical CXO.
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Recognitions