Every organized business is required to be compliant under the prevailing laws and practice of the jurisdiction where it is set up to undertake, run and expand hassle free business. In Indian scenario, where the Business Owner and/or Director of the company is singly and severally liable for non-compliances, the compliances under Employment and Labour Laws cannot be undermined.
The employment and labour laws in India are primarily divided into 5 broad categories i.e. Employment conditions, Industrial Relations, Wage, Welfare and Social Securities. These laws are based on constitution of India and the resolution passed in International Labour Organization (ILO) conventions from time to time.
Broad categories of employment and labour laws:
1. Employment Conditions: (i) Factories Act, 1948; (ii) Shops and Establishment Act (state wise); (iii) Contract Labour (Regulation and Abolition) Act, 1970; (iv) Industrial Employment Standing Orders Act, 1946; and (v) Building and other construction workers (Regulation of employment and condition of service) Act, 1996.
2. Industrial Relations: (i) Industrial Disputes Act, 1947; and (ii) Trade Unions Act, 1926.
3. Wages: (i) Payment of Wages Act, 1936; (ii) Minimum Wages Act, 1948; (iii) Payment of Bonus Act, 1965; and (iv) Equal Remuneration Act, 1976.
4. Welfare and Social Security: Payment of Gratuity Act, 1972: (ii) Workmen’s Compensation Act, 1923; (iii) Maternity Benefits Act, 1961; (iv) Labour Welfare Fund Act (state wise); (v) Employees Provident Fund and Miscellaneous Provisions Act, 1952; (vi) Employees State Insurance Act, 1948.
We comprehensively involved in advising clients including drafting of employment agreements/ contracts, employee handbook, HR manuals, consultancy agreement, deputation agreements, sexual harassment policies, leave policies, grievance settlements, severance documents, legal opinions, legal notices, reply to the notices of departments, handling matters before labour courts / authorities.
We have dedicated team of qualified professionals to provide employment and labour law advisory and also to help and assist the businesses and companies to overcome from past irregularities, if any.