Employment Law-India FAQs
- What legislation governs employment in India?
Employment in India is governed by a combination of central and state legislation. The four consolidated Labour Codes — the Code on Wages 2019, the Industrial Relations Code 2020, the Code on Social Security 2020, and the Occupational Safety, Health and Working Conditions Code 2020 — are the primary framework, alongside legacy Acts that remain operative in states where Code notification is pending. The Ministry of Labour and Employment administers central legislation; state Labour Commissioners administer state-level rules.
- Do you advise both employers and employees?
Yes. ATB Legal advises employers, senior executives, HR teams, and corporate groups across the full range of India employment matters — including contract disputes, statutory compliance, termination management, workforce restructuring, and regulatory proceedings before Labour Commissioners, Industrial Tribunals, and Labour Courts. For cross-border employment matters spanning India and the UAE, the team provides coordinated advisory across both jurisdictions.
- Can you draft India-compliant employment contracts?
Yes. ATB Legal prepares employment contracts, executive agreements, fixed-term arrangements, and part-time structures compliant with India’s applicable legislation — including state-specific standing orders, the Code on Wages 2019, and industry-specific requirements. The team also drafts supporting documentation including offer letters, non-compete and confidentiality agreements, POSH Act policies, employee handbooks, and HR compliance calendars.
- What are the rules on termination and retrenchment in India?
Termination requirements in India vary by establishment size and employee category. Employers with 100 or more workmen require prior government approval for retrenchment under the Industrial Disputes Act 1947. All employers must comply with statutory notice periods, retrenchment compensation obligations, and gratuity entitlements under the Payment of Gratuity Act 1972. ATB Legal advises on each element and manages the documentation required to defend termination decisions against challenge.
- What is POSH compliance and is it mandatory?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 — the POSH Act — requires every employer with ten or more employees to constitute an Internal Committee, display prescribed notices, conduct awareness training, and follow a defined investigation procedure for complaints. Non-compliance attracts penalties and can result in cancellation of business licences. ATB Legal assists with committee constitution, policy drafting, training, and ongoing compliance management.
- Can you represent us in Labour Court or Industrial Tribunal proceedings?
Yes. ATB Legal provides end-to-end representation before Labour Commissioners, Labour Courts, Industrial Tribunals, and appellate courts across India. The team advises on conciliation strategy, prepares pleadings and evidence, and manages regulatory inspection responses. For disputes involving multinational employers with cross-border exposure, ATB Legal coordinates India proceedings with UAE employment counsel to maintain consistent positions across all relevant jurisdictions.