Employment and Benefits
Employment is another area of focus from a legal point of view. Any kind of employment comes along with a package of guidelines, legal compliance and agreements in the beginning of employment as well as retirement. Along with benefits and compliance, there are certain protective measures as well. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was passed so as to provide equal opportunities in education, employment, social security and an unbiased atmosphere for the disabled. Section 47 of the Act provides that a government establishment is forbidden from reducing an employee’s rank if he or she acquires a disability during the course of their appointment. Our advice extends to the applicability of various HR Laws in India, both Central and State, including the Industrial Disputes Act, the Employees’ Provident Fund Act, Trade Unions Act, Payment of Bonus Act, Payment of Gratuity Act, Contract Labour Regulations, the state-specific Shops & Establishments enactments, etc. to name a few. We also advise our clients on applicability of HR Laws, the obligations and compliances there under, and the consequences of non-compliance, issues related to provident fund contributions, payment of gratuity, payment of bonus, superannuation/retirement benefits, termination of employment, hours of work, leave/ holiday entitlement, employee health and safety regulations, discrimination and harassment issues, employment agreements signed by the employees, Non-Disclosure Agreements signed by the employees etc. We also help the grieved employees recover their incentives and pensions during their retirement apart from dealing with the HR related matter of the companies as well.