Labour & Employment

Gray Law has a high quality employment law practice, representing niche international and domestic clientele. The team consists of senior experienced attorneys having in-depth knowledge and experience in transactional employment law practice, statutory compliances, regulatory requirements and all practical aspects of good HR practices.

India has abundant federal and state specific labour laws regulating employment in India, which are complex, and lack modernisation and flexibility. Different employment laws seek to protect various categories of employees, such as government employees, employees in public sector undertakings, private company employees, female employees, young / minor employees, employees in unorganized sectors, etc. Additionally, the laws are also bifurcated in terms of their applicability on commercial establishments, industrial units, factories, seasonal units, etc.

Moreover, the disputes between the employer and the employees can be unexpected, costly and publicly sensitive. Indian courts can also be unpredictable in deciding on employment disputes.

In view of this complicated grid of Indian labour laws (many of which are more than five decades old) and an unpredictable judicial approach in a hierarchical court system, it is extremely challenging for an Indian or an international employer to ensure complete understanding and compliance of the regulatory regime and avoid any risk of potential legal actions without prejudicing their business interests.

Our employment law practice is regarded as a distinguished practice because besides advising on the routine matters such as preliminary registrations, due-diligence, preparing the documentation for recruits, drafting handbooks, etc., the Firm has expertise in providing clear and strategic advice to the employers in the events of strikes, employees’ complaints on sensitive issues such as workplace discrimination and sexual harassment, mass termination, closing down, intellectual property assignment, breach of confidentiality and data privacy, etc. The lawyers’ vast experience and business-oriented approach comforts the employers that their employee relations and statutory compliances are in place without compromising the commercial interests.

The Firm advises top-notch national and multi-national organizations as well as start-up enterprises and has been widely appreciated for its creative and high-quality solutions. We respond quickly and effectively in a crisis. We help to manage the client’s pitfalls with the best possible outcome, and in the most cost-effective way.

Our team is specialized in and routinely provides extensive support in the following areas:

• Advising, obtaining and renewing central and local statutory registrations for new as well as existing companies.
• Assisting in HR due-diligence for acquisitions and other corporate transactions. Assisting in background verification services for the potential recruits.
• Advising on global restructuring, closure of establishments, transfer of undertakings, and mass redundancies.
• Preparing offer letters and employment contracts for all levels of employees including senior management contracts, secondment agreements, consultancy agreements, non-disclosure agreements, data privacy agreements, proprietary information and invention assignment agreements, termination notice, separation and release agreements, and other routine letters / notices to the employees on various occasions.
• Advising and assisting in preparing documentation on regular compensation and special packages.
• Advising and assisting in preparing documentation on trade union matters.
• Drafting of legally compliant by-laws, standing orders, employee codes of conduct, handbooks, etc., for the companies.
• Assisting in HR legal and compliance audit practice.
• Carrying out investigation relating to sexual and other forms of harassment, victimisation, dereliction of duty, reports and recommendations.
• Advising on global employee mobility and Indian immigration issues.
• Handling litigation in all Indian courts by and against the employers.