Employment Law Expertise
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Employment Law Expertise: Corrida Legal regularly represents and provides holistic employment law services in relation to employments and benefits related disputes, governmental investigations, and executive compensation, to its clients. We provide both local and multinational businesses, comprehensive and practical employment and labour law solutions tailored to their business requirements. We preliminarily begin with understanding the culture and the business objectives of our clients before strategizing and devising practically solutions tailored to their risk appetency. Our team leads the industry in proactive compliance with the newly introduced Code on Social Security, Industrial Relations Code and the Occupational Safety, Health and Working conditions Code of India. Our team has secured exceptional results for clients and helped them in creating legally inclusive workplaces by providing services from drafting of employment contracts, HR policies, personal information-related documents, post-training and investigations, tackling HR disputes, and strategizing on layoffs, retrenchments, and ESOP structuring. We also provide legal support i.e. compliance for gig workers, expats, and cross-border employments.
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Practical Employment Law for Businesses That Put People First.
Indian employment law has gone through many changes in recent years. The labour codes have been revamped. New classification problems have emerged because of the rise of the gig economy, which did not even exist a decade ago. And amidst all of that, most companies continue to function based on employment contracts and HR policies which have remained the same since they were written years ago. With the recent development in the Shops and Establishments Act and the notification of the central rules for labour codes, now more than ever is a great time to revisit your internal documentation.
Corrida Legal works with corporations, both local and foreign, to draft an employment framework that is consistent with the present-day realities. We are not an HR consulting firm. We are a law firm especially dedicated to employment law matters. This distinction is important because when the employee sues the company for wrongful termination, or when a legal notice from the labour commission hits your office address, you want to be legally secure. You do not want the best practices from a template. We ensure that each action is concise and not operationally cumbersome for the client, whilst taking into consideration the legal, operational and financial risk.
We handle the entire gamut of our clients’ employment practice needs. We draft offer letters and employment agreements. We set up ESOP structures. We guide on retrenchment policies and negotiate severances. We do POSH inquiries. We assist in securing labour licences across various states. We defend businesses in labour courts and tribunals. And now more than ever, we help our clients deal with the compliance issues arising out of remote workforces, contract workforces, and cross-border employment arrangements. By providing comprehensive coverage of employment matters, we ensure that each action is harmonised and is conducted in a manner which best protects the interest of our client.
Our unique selling proposition lies in the fact that we always start from first principles, such as: How does your business run? What is its organisational structure? Who comprises the workforce? What are the jurisdictions you are operating in? What are the risks associated with your industry? This ensures that we are able to not only better comprehend the nature of your business but also better understand the key concerns faced by your organisation. Employment laws in India are varied. A software firm having 200 employees in Bangalore does not have the same compliance obligations as a manufacturing plant having 50 employees in Gujarat. Our advice does not take a cookie-cutter approach but one that understands the realities of your business, its headcount, and its actual jurisdictional issues along with any operational difficulties. In the past, our team has advised clients to design a legally compliant yet operationally effective and employee-friendly environment.
How Corrida Legal Is Different in Its Approach?
Employment laws concern everybody in your organization. This is not an area of expertise that you can put aside until a problem occurs. This involves recruitment processes, remuneration, performance management, dismissal, data protection, health and safety at work, and much more. The mistake is that the majority of organizations view them as a mere formality. They simply put together an employment contract, pick up an HR policy online and think they have done enough. This is not true. That is the biggest curse for your business. The workforce is one of the key pillars for any organization, and inadequate internal operations policies may create concerns of operational gaps or potential disputes.
Our practice of employment laws is the way it should be conducted. It is proactive. We deal with employment issues before a dispute happens. Before an audit. Before a letter arrives from an attorney of your former employee accusing you of wrongful termination and other breaches. We comprehensively conduct a review of business functions and assess potential gaps.
If an organization contacts us, we do not simply ask about their needs for documents. We first learn about their organizational structure. Are there any temporary staff? Do they employ some consultants working as independent contractors but who are in fact employees? What about the new type of workers called gig workers? Their taxation and social security payments concern both your company and their company. This enables us to prepare comprehensive agreements and policies for each class of the workforce and to ensure that the needs of each type of workforce are met whilst maintaining operational feasibility.
Pushkar Thakur, who heads our firm as the Managing Partner, has been handling employment law matters at Fortune 500 corporations and renowned law firms for nearly 15 years. He has facilitated mass layoffs at multinational corporations, designed ESOP arrangements at high-flying startups, represented companies in wrongful termination lawsuits and negotiated settlements in cases involving high-profile executives. All this makes us experienced enough to have encountered most situations and to know which approach is likely to succeed and which isn’t. Furthermore, with his experience as an in-house counsel for various organizations, he specializes in meeting the operational requirements whilst ensuring everything is legally compliant.
We also believe that clients should build internal capabilities within their organizations to handle most routine employment law matters. This is why we do not confine ourselves to drafting policies and then walking away. Instead, we also train and assist HR teams with the implementation of such policies. We prepare Internal Committee members by informing them about how to conduct POSH investigations. Our compliance workshop sessions will help you understand your obligations and not just the policies. Law firms that treat employment law as a tick-box exercise may get organizations into trouble. We take it as an organizational function that protects their employee relations, reputation and bottom-line performance.
Vendor & Contract Staffing
The current trend in most businesses is to utilize a mix of permanent, contractual, and vendor-supplied workforce. The distinction between these categories from a legal standpoint is of utmost importance. Failure to maintain proper classification may lead to liability, PF & ESI charges that you were not prepared for, and conflicts which were not expected of you. We counsel organizations on establishing relationships with vendors and hiring staff in a way that is compliant with the provisions of the existing labour codes whilst minimizing their compliance burden.
Labour Codes Compliance & Hr Audits
Four new labour codes introduced in India have revamped the compliance landscape, and with the implementation of the rules the enforcement has only gained momentum. The Wage Code, Industrial Relations Code, Social Security Code, and Occupational Safety Code all have provisions that have a bearing on wages, leave, retrenchment conditions, and social security contributions. Our team conducts thorough HR audits to determine what an organization is doing wrong and where it stands in relation to the law. We then assist the organization in meeting legal requirements by restructuring CTC components or changing the PF contributions. Our approach ensures the delivery of actionable items rather than a legal opinion.
Investigations & Training
In the case of any internal complaint that might be related to a POSH issue, a violation of any policy or fraud charges, the entire process of investigation must have a legal footing. We guide clients on the process of conducting an investigation, do independent investigations as outside counsel, and draft investigation reports that are legally robust enough to stand the scrutiny of any challenge. In terms of training, we offer customized training modules to the employees and management related to POSH issues, code of conduct, data protection obligations and compliance at the workplace. Our approach to internal investigations is to appoint an associate of the firm to act as a member of the internal committee. This approach allows us to provide ongoing assistance to an organization.
Employee Contracts & Hr Policies
This is fundamental work, and we take it very seriously. We write employment contracts for all kinds of jobs, whether permanent, fixed-term or contractual positions. We craft our executive employment contracts with non-compete clauses, non-solicitation clauses, intellectual property assignments and confidentiality clauses that are legally binding in India. This is more difficult than one thinks. In terms of policy, we draft comprehensive HR manuals on all issues like leave policy, attendance, disciplinary procedure, grievance redressal, telecommuting, harassment, whistle-blowing and termination of employment. We understand that with the development and changes in work environment, there is a need for implementation of several new policies. We therefore provide our clients with a list of suggestive policies which can be implemented.
Labour Laws Licensing & Compliance
The multi-state presence in India implies the applicability of various laws relating to labour such as Shop and Establishment license, Professional Tax, Labour Welfare Fund, Contract Labour license, and Factory license as the case may be. Interstate Migrant Workers. We take care of all the licensing and registration needs and ensure that there are no lapses by creating compliance calendars. In cases of companies setting up in new states, we give them a full compliance roadmap.
Prevention of Sexual Harassment (posh): Trainings, Policy Drafting & Investigations
POSH compliance is not just having a policy document but also having a well-constituted Internal Committee, which has undergone awareness training, and has implemented a complaint mechanism that works. We prepare POSH policies, assist in the constitution of and advise Internal Committees, and hold annual meetings of ICCs. In case of complaints being received, we assist the ICC in conducting investigations or conduct the same as an external member. We have our training programs specially designed depending upon the industry and role of the person, separately for general employees and ICC members. To ensure compliance with the applicable laws, we appoint an advocate from the firm to assist an organization with compliance matters arising under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
ESOPS, BENEFITS & CSR
Stock Option Plans are an effective way of retaining employees, but care needs to be taken while structuring them. We draft ESOP plans, trust deeds, letters of grant, and vesting schedules. We take care of the tax issues of the company as well as the employees with regard to ESOPs. From the perspective of benefits, we advise on the matters relating to gratuity, bonuses, and leave encashments. As regards Corporate Social Responsibility (CSR), we help in structuring the CSR activities under Section 135 of the Companies Act. Whilst we understand that CSR plays a vital role for a company, we ensure that prior to the implementation of the CSR provisions, the company legally falls under the threshold concerned.
Cross-Border Employment & Expatriate Management
Legal issues become more complicated when employees have to cross the border. We handle agreements on secondment, shadow payroll systems, double employment systems, compliance with work permits and visas, tax equalization, social security totalization agreements. Our firm provides advice not only to Indian companies that send their employees abroad but also to foreign companies that bring in expats to India. These types of schemes are arranged by us in compliance with employment, immigration, and tax laws.
Workforce Restructuring & Layoffs
There are laws that apply to any layoffs and retrenchment process in India, which may not be fully appreciated by most corporations. Thresholds under the Industrial Disputes Act, 1947 and now the Industrial Relations Code, 2020, will tell you whether you require government approval. Notice period, termination pay and rules of selecting employees who should be terminated all have legal dimensions. We provide advice in terms of restructuring strategy, help design voluntary exit programs, negotiate terminations of both individuals and groups, and also file the required paperwork. We also provide organizations with the relevant communications to ensure that there is the least employee pushback.
Fractional Hr Advisory & Staffing Solutions
While not all businesses require an on-staff head of human resources or an employment lawyer, all require access to such experts. We provide fractional services, in which we essentially serve as your outsourced employment law and HR compliance department, Monthly meetings, Updates on new laws affecting policies, Advice on daily questions of employment law for HR purposes. The type of service which suits startups and mid-sized businesses who have exceeded their ad hoc approach to HR, yet don’t need the full legal and HR compliance team just yet.
Conclusion
Employment law is an area that is changing and evolving with the laws and codes being reworked. Penalties are becoming stricter. Knowledge of employees about their rights is at an all-time high. And the consequences of getting things wrong, be it a wrongful termination suit, poor handling of a POSH case, or a labour audit which shows a lack of compliance, can be serious.
Here at Corrida Legal, we help our clients to prepare for and avoid these dangers. By creating a framework of employment that is both practical and in line with labour laws, not by drowning them in documentation.
If your employment agreements have not been revised in two years, your HR policies do not adhere to the new labour codes, you are not sure if your contract staffing setup leaves you liable as a principal employer, or you just need a lawyer with insight into the complexities of managing your workforce, give us a call. Schedule a meeting with Corrida Legal right now. We will put you on the safe side of employment law.