Human Resource and Employment Laws

Human Resource is the backbone of every organization and the employees are regarded as an asset of every organization. However, every organization manned by or employing workforce is bound to face workforce related issues. The present workplace, its structure and process of work have significantly changed from an old time workplace. Unlike the past when the employment disputes were normally confined to two classes, viz, employees (labour) and management/owners (employer), a new class of employment disputes between white collar workforce and employer have also become a common phenomenon due to emergence of a third genre of employees or workforce, called white collar employees. With increasing liberalization of market and move towards a knowledge-based economy and owing to competition pressures, attrition rate and employee retention issues have also multiplied giving rise to a new genre of concerns of potential misuse of confidential and proprietary information such as innovative ideas, disruptive technologies, customer database, internal workings and mechanisms etc by employees, especially during, and post termination of, their employment.

Although there is a detailed employment law regime in India, yet the laws, both at the national and state level, governing several aspects of the employer-employee relationship are indeed numerous, complex and at times ambiguous too. Besides, recourse to judicial interpretation, precedents and common law also becomes necessary because of lack of any direct and special law addressing the concerns of employers and employees relating to protection of confidential and proprietary information and dealing with non-disclosure and non-solicitation issues. R&P Legal has a dedicated team assisting multinational as well as local clients in managing their workforce here. Our legal team understands the importance of employment issues and how various laws and judicial precedents dealing with employment may impact the business of our clients. We take a practical approach and provide tactical, clear, practical and business-oriented solutions whereby assisting clients in effectively dealing with various employment issues, ranging from regulatory advice to employer organizations covering the entire spectrum of employment issues from hiring to termination, and encompassing all relevant aspects. Our services include:

  • Drafting and review of Hiring and termination documents and agreements.
  • Drafting of HR Manual & other policies.
  • Advising on employment and Labour laws.
  • Structuring of ESOPs.
  • Advising and drafting of Non-compete arrangements.
  • Advising and drafting of anti poaching, non-solicitation arrangements.
  • Strategy and documentation for data protection, safeguarding confidential information & protecting intellectual property (IP).
  • Downsizing strategy & negotiation.
  • Optimum planning, review & implementation of employee incentive plans.
  • Advising on termination strategy & retirement policies.
  • Advise on transfer of employees & restrictive covenants.
  • HR legal audit.
  • Applicability of employment laws in cases of mergers, acquisitions and buyouts.
  • Preparation of compliance Charts of applicable Labour and employment laws.
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