Employment and Labour Law Services in India by Lex Maven Law Firm
The employment and labour sector in India is governed by a complex framework of laws and regulations, ranging from the Industrial Disputes Act, 1947, to newer legislative changes such as the Labour Codes 2020. Whether you’re an employer seeking to comply with labour laws or an employee facing disputes, Lex Maven Law Firm provides comprehensive legal services tailored to meet the diverse needs of businesses, employees, and organizations across India.
Our Legal Services for Employment and Labour Sector
1. Labour Law Compliance and Advisory
• Guidance on compliance with major Indian labour laws, including the Factories Act, 1948, Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, Payment of Gratuity Act, 1972, and Maternity Benefit Act, 1961.
• Advisory on the new Labour Codes 2020, including the Code on Wages, 2019, Industrial Relations Code, 2020, Occupational Safety, Health and Working Conditions Code, 2020, and the Social Security Code, 2020.
• Drafting policies, employee handbooks, and internal documents to ensure compliance with both central and state labour laws.
2. Employee Contracts and Agreements
• Drafting, reviewing, and negotiating employment contracts, non-compete clauses, and confidentiality agreements.
• Assistance in creating policies for employees related to promotions, termination, working hours, and disciplinary actions.
• Legal support for contracts with contractors, consultants, and third-party workers, ensuring compliance with Contract Labour (Regulation and Abolition) Act, 1970.
3. Workplace Disputes and Litigation
• Representation in disputes relating to wrongful termination, unfair treatment, wage disputes, and sexual harassment at the workplace.
• Legal services in dealing with employee grievances, industrial disputes, and matters before Labour Courts, Industrial Tribunals, and National Industrial Tribunal.
• Dispute resolution related to non-payment of dues, retrenchment, and disputes concerning employment termination procedures.
4. Termination and Retrenchment Laws
• Advisory on the legal procedures involved in employee termination, retrenchment, and lay-offs under the Industrial Disputes Act, 1947 and other relevant laws.
• Assistance in handling disciplinary actions, including suspension, dismissal, and termination, while ensuring compliance with statutory requirements.
• Representation in cases of retrenchment disputes, severance pay, and the right to reinstatement.
5. Sexual Harassment at Workplace
• Legal advice on the establishment of Internal Complaints Committees (ICCs) for handling complaints of sexual harassment at the workplace, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Support in conducting investigations, ensuring fair procedures, and addressing complaints in a timely and legal manner.
• Training and awareness programs for organizations to mitigate workplace harassment issues and ensure compliance with legal standards.
6. Trade Unions and Industrial Relations
• Legal support in the formation, registration, and regulation of trade unions under the Trade Unions Act, 1926.
• Representation in collective bargaining, strikes, lockouts, and other industrial actions.
• Legal advice on compliance with the Industrial Relations Code, 2020, and handling industrial disputes related to wages, working conditions, and dispute settlements.
7. Employment Benefits and Social Security
• Advisory on statutory benefits for employees, including Provident Fund (PF), Gratuity, Bonus, and Employees’ State Insurance (ESI).
• Legal assistance in structuring employee benefit programs and ensuring that organizations adhere to social security requirements.
• Assistance with Employees’ Compensation Act, 1923, and handling claims related to workplace injuries and accidents.
8. Employee Welfare and Health & Safety
• Guidance on compliance with health and safety regulations under the Factories Act, 1948, and Occupational Safety, Health and Working Conditions Code, 2020.
• Legal support in managing employees’ health and welfare programs, ensuring the safety and well-being of workers in the workplace.
• Drafting policies related to workplace accidents, health insurance, and other employee welfare schemes.
Who Can Benefit from Our Services?
• Employers: Companies across all industries seeking advice on compliance, employee management, and dispute resolution.
• Employees: Individuals needing legal assistance on issues related to wrongful termination, wage disputes, harassment, and workplace rights.
• Trade Unions: Labour organizations requiring legal support in industrial actions, collective bargaining, and dispute resolution.
• Startups and SMEs: New businesses requiring assistance in setting up employment contracts, HR policies, and complying with labour laws.
Key Labour and Employment Laws in India
• The Industrial Disputes Act, 1947: Provides the framework for the resolution of industrial disputes and regulates retrenchment, layoffs, and strikes.
• The Payment of Gratuity Act, 1972: Mandates the payment of gratuity to employees who have completed a minimum period of continuous service.
• The Maternity Benefit Act, 1961: Ensures paid maternity leave and benefits for female employees.
• The Factories Act, 1948: Regulates working conditions, health, and safety standards in factories.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Prevents and addresses sexual harassment at the workplace.
• The Code on Wages, 2019: Standardizes wage payments and working conditions for employees across industries.
• The Occupational Safety, Health and Working Conditions Code, 2020: Ensures safety and welfare of workers in hazardous environments and industries.
FAQs
1. What are the new Labour Codes introduced in 2020?
The Labour Codes of 2020 streamline and consolidate multiple labour laws into four main codes—on wages, industrial relations, social security, and occupational health and safety. These laws simplify compliance for businesses while ensuring employee rights are safeguarded.
2. How can Lex Maven assist with employee termination disputes?
We offer legal guidance on the proper procedure for employee termination, severance pay, and handling disputes in compliance with Indian labour laws.
3. Can Lex Maven help with workplace harassment issues?
Yes, we assist in establishing sexual harassment prevention policies, handling complaints, conducting investigations, and ensuring compliance with the Sexual Harassment of Women at Workplace Act, 2013.
Recent Trends in Employment and Labour Law
1. Focus on Worker Welfare: New regulations under the Labour Codes emphasize worker welfare, including the expansion of social security schemes and benefits for informal sector workers.
2. Increased Compliance Monitoring: Government authorities are increasingly focused on ensuring that businesses comply with health and safety regulations, especially in the wake of the pandemic.
3. Rise in Labour Disputes: With the evolving employment landscape, the number of labour disputes has risen, leading to a higher demand for legal expertise in dispute resolution and litigation.