Labour and Employment Lawyers in Bangalore – Practical solutions for Employers and Employees
Employers are susceptible to legal violations if they commit offenses against their workers or employees on any matters of employee welfare and rights.
A plethora of acts exist in terms of labour law in India, codifying a multitude of aspects. These include the Industrial Disputes Act, Factories Act, Minimum Wages Act, Equal Remuneration Act, etc.
Considering the variety of legal protections employees or workmen have, there can be a variety of ways in which labour law cases can be addressed. In terms of defense, a more systematic approach is required as there exist more rights in some cases for the employees.
Having relevant experience in the fields of labour and employment law, our team of legal experts will ensure you avail justice if there have been any rights of yours encroached upon. We shall provide you solid representation in any courts, tribunals or arbitrations involved.
- Employment Strategy and Documentation – Strategy for recruiting and retaining employees
- Drafting effective employment agreements for all levels of employees
- Drafting and reviewing employee contracts; confidentiality agreements, employment agreements, non-competes.
- Preparing of non-compete and non-solicit agreements and confidentiality/trade secret provisions in employment contracts
- Advise employers about workplace issues and prevent any work-related issues such as litigation, penalty, etc.
- Deal with wrongful dismissal by negotiating settlements where possible and litigation when necessary
- Assisting and providing advice on the enforcement of non-competition, non-solicitation and confidentiality agreements
- Drafting effective Company Policies and the Employee Handbook
- Drafting and vetting of Appointment Orders, Service Agreements
- Resolution of Labour disputes
- Rendering opinions on Industrial law and labour law
- Labour Law – The following are the central legislation in place to protect a worker –
- Minimum Wages Act, 1948
- Equal Remuneration Act, 1976
- Trade Unions Act, 1926
- Industrial Employment (Standing Orders) Act, 1946
- Industrial Disputes Act, 1947 (IDA)
- Factories Act,1948
- Mines Act, 1952
- Contract Labour (Regulation and Abolition) Act, 1970
- Bonded Labour System (Abolition) Act, 1976
- Child Labour (Prohibition and Regulation) Act, 1986
- Employees’ Compensation Act, 1923
- Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
- Employees’ State Insurance Act, 1948
- Maternity Benefit Act, 1961
- Payment of Gratuity Act, 1972
- Unorganized Workers’ Social Security Act, 2008
(Except the above acts, there are more employment specific acts, like Motor Transport Workers Act, 1961 and Beedi Workers Welfare Fund Act, 1976.)
These acts cover issues such as retirement benefits, provident funds, termination of employment, hours of work, holiday entitlement, discrimination, harassment, maternity leave, employee safety standards. The Trade Union Act allows the workers to have equal say in case of any dispute by collective action/voice.
The Industrial Dispute Act gives a conciliation mechanism, where if the conciliation breaks down, the matter can be produced in Court.
- Employee Benefits and Compensation Structure – To maximize tax planning, and find the right balance between the company and employees.
- Termination & Downsizing – These are legislated in the IDA, with provisions for layoffs and closure of the establishment.
- Litigation – Litigation in Labour Court, and higher courts. The litigation may be concerned with any acts in force at that time.