Employment & Workplace Law Services
From hiring contracts and policy drafting to sensitive internal investigations, we provide practical, risk-aware legal guidance at every stage of the employment lifecycle.
Are post-employment non-compete restrictions enforceable in India? We explain the nuances of Section 27 of the Indian Contract Act, the differences in enforceability across jurisdictions like the UK and US, and the specific situations, such as the sale of a business, where such clauses may be upheld.
We are delighted to welcome Sowmya Kumar as a Partner in our Employment Practice. Her expertise strengthens our ability to advise clients on the full spectrum of employment law, from advisory and compliance to complex litigation.
Is the POSH Act of 2013 truly different from the earlier Vishaka Guidelines? In this episode of The POSHpod, our Partner Bishen Jeswant and Laxmi Char of Parity Consulting delve into the evolution of sexual harassment law in India and its practical implications for employers today.
What is the precise role of HR in the POSH process? We discuss whether HR can be part of the Internal Committee (IC), their responsibilities during an investigation, and the boundaries they must maintain to ensure the IC's independence and impartiality.
Can a CEO be investigated under the POSH Act? In our podcast, The POSHpod, we tackle sensitive and complex questions about workplace law. This episode provides guidance on ensuring fair and impartial investigations, even when they involve senior leadership.
Can non-sexual acts constitute sexual harassment? This POSHpod episode explains the concept of 'quid pro quo' harassment, where work benefits might be implicitly tied to favors, and how the POSH Act interprets such subtle or indirect forms of workplace misconduct.
How should an employer or Internal Committee handle confidentiality when a police complaint is filed alongside an internal POSH investigation? We discuss the legal framework for cooperating with law enforcement while upholding the strict confidentiality obligations mandated by the POSH Act.
Are conciliation proceedings mandatory under the POSH Act? We explore whether the Internal Committee must complete conciliation before initiating a formal investigation, providing clarity on the procedural steps required when a complaint is filed.
How will proposed amendments improve the POSH Act? This episode of The POSHpod examines key proposals, such as extending the time limit for complaints and removing the conciliation process, and analyzes their potential impact on how cases are handled.
Can a complainant object to the findings of the Internal Committee (IC)? Our experts discuss the procedural rights available to both the complainant and the respondent under the POSH Act to dispute the IC's conclusions and recommendations.
About Employment & Workplace Law
When navigating employment disputes, the law is only half the battle. Our advice balances strict regulatory compliance with the practical realities of managing your team on the ground. Whether you are drafting a non-compete clause or managing a sensitive POSH investigation, we focus on solutions that mitigate risk while maintaining fairness in your workplace.
Our Approach to Employment Law
We understand that workplace regulations in India shift rapidly. Whether you are a startup scaling your team or an established firm managing complex industrial relations, we help you avoid the common pitfalls in the employment lifecycle.
Our practice goes beyond mere contract drafting. We dive into the 'why' and 'how' of your workplace policies to ensure they hold up under scrutiny.
Core Focus Areas
- POSH Compliance: We don't just audit policies; we help you navigate the nuances of the 2013 Act. Our team provides guidance on Internal Committee (IC) formation, conducting impartial investigations, and handling sensitive queries regarding senior management accountability.
- Employment Contracts: We draft agreements that stand the test of time, covering restrictive covenants, IP assignment, and garden leave clauses. We provide clarity on the enforceability of non-compete restrictions, which remains a complex area under Section 27 of the Indian Contract Act.
- Dispute Resolution & Exits: Managing an exit or a workplace dispute requires both legal precision and tactical communication. We guide you through the process, helping you protect company interests while adhering to statutory requirements.
Why Partner With Us?
Our philosophy is simple: we look for the sweet spot between 'niti' (process) and 'nyay' (justice). We believe that the best legal advice is actionable, honest, and designed to prevent trouble before it begins. By integrating deep regulatory knowledge with a pragmatic understanding of HR operations, we ensure your organization remains compliant and protected in an evolving regulatory landscape.
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