Labour & Industrial Law

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Labour & Industrial Law

Labour & Industrial Law

Labour law (also known as labor law or employment law) mediates the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees’ rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies enforce labour law (legislative, regulatory, or judicial).

Indian labour law is closely connected to the Indian independence movement, and the campaigns of passive resistance leading up to independence. While India was under colonial rule by the British Raj, labour rights, trade unions, and freedom of association were all suppressed. Workers who sought better conditions and trade unions that campaigned through strike action were frequently and violently suppressed. After independence was won in 1947, the Constitution of India of 1950 embedded a series of fundamental labour rights in the constitution, particularly the right to join and take action in a trade union, the principle of equality at work, and the aspiration of creating a living wage with decent working conditions. Details are given below:

  • Workplace participation
    • Trade unions
    • Board representation
    • Collective action
  • Equality
  • Gender discrimination
  • Drifting workers
  • Helpless groups
  • Job security
    • Fair dismissal
    • Redundancy
    • Full employment

Nature of Dispute

Our firm is also advising various companies on matter pertaining to contract labour, PF and EPS compliance, etc. Besides the above, our firm also serves its clients in following manner:-

  • Management of Legal functions Pay Roll, PF & ESI Compliance. .
  • Compliance of Statutory & other corporate matters.
  • Coordination & supervision of Legal, Personnel.
  • Industrial Relation, Administration, Liaison.
  • Human Relation matters.
  • Trade Unions and Employment related litigation
  • Disciplinary proceedings
  • Employees Rights and related benefits
  • Constitutional Rights.
  • Employment and service contract.
  • Labour disputes and Industrial actions.
  • Health and safety legislation.
  • Collective bargaining.
  • Voluntary retirement scheme
  • Law on dismissals from employment
  • Reorganization and retrenchment
  • Strikes & lockouts

Our services

Our firm providing services in all laws and regulations related to labour and employment, industrial relations including enactments such as Industrial Dispute Act 1947, Trade Union Act 1926, Minimum Wages Act 1948, Payment of Wages Act 1936, Factories Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976, and Payment of Gratuity Act 1972, Workmen’s Compensation Act 1923 etc. Preach Law LLP firm represents various clients in Labour Court, Industrial Tribunals, Central Administrative Tribunal, Court of the Labour Commissioner, various High Courts and the Supreme Court.

Services rendered by our law firm include-

  • Advise on Employment laws, labour laws, and industrial relations.
  • Advice on service contracts, Labour disputes and Industrial actions, safety legislation, Disciplinary proceedings, Employees Rights, Employment and Provident fund, statutory benefits and trade disputes.
  • Advice in complying with employment laws and labour laws.
  • Advice in implementation, monitoring, and enforcement of policies dealing with sexual harassment, discrimination, employee privacy and family and medical leave.
  • Advice in wage and hour issues, collective bargaining, interpretation of work rules, grievances, and industrial disputes under the labour laws.
  • Assist in compliance with labour and tax implications of cross-border movement of executive level employees.
  • Draft employment agreements, appointment letters, and offer letters for consultants, termination agreements, non-competition agreements, and non-disclosure agreements concerning confidentiality, etc.
  • Assist in design, implement, and administer all types of employee benefits and executive compensation programs and pension plan and advice on all aspects of legislative, regulatory, and fiscal requirements.
  • Assist and represent our clients in disputes under employment laws relating to employment benefits, housing, group insurance (health, dental, life etc.), disability income protection, retirement benefits, social security, and other specialized benefits.
  • Assist in managing the employment effects of major corporate restructurings and transactions and provide legal advice on employment and human capital issues that occur in major merger and acquisition activities, as well as post-acquisition integrations.
  • Draft and conduct audits on trade secret protection issues.
  • Draft Employment Standing Orders and advice on Employee Provident Fund (EPF) under the Employee Provident Fund Act, Gratuity Act, etc.
  • Advice on EPF with respect to international workers.
  • Draft legal notices on behalf of companies as well as employees with respect to employment.
  • Represent clients in industrial relations matters such as strike, lockout, retrenchment, settlement, closure of establishment etc.; conditions of employment such as transfer, promotion, increment, industry-cum-region basis payment, bonus etc.; termination of service matters such as discharge simplicitor, dismissal by way of punishment etc.
  • Represent clients in disciplinary matters with respect to dismissal on various charges of misconduct related to duty, discipline and moral e.g. absenteeism, go slow, riotous behavior, theft, moral turpitude, loss of confidence as well as drafting show cause notices, charge sheets, conducting inquiries, advising disciplinary action etc.
  • Represent clients in Contract Labour Related such as claim of contract labour for regularization etc.
  • Represent clients in respect of claims of wrongful discharge, discrimination, harassment, and whistleblower actions.
  • Draft original suits and petitions, interlocutory applications, criminal complaints, legal notices, consumer complaints and complaints relating to monopolistic and restrictive trade practices.