Service & Employment Laws: Building Fair Workplaces at Panwar and Associates

The relationship between employers and employees is governed by a complex and ever-evolving body of laws, aiming to balance the interests of both parties and ensure fair, safe, and productive workplaces. In India, this domain is particularly dynamic, with a multitude of central and state-specific legislations, and significant changes brought about by the new Labour Codes (though not fully implemented yet).

At Panwar and Associates, we offer comprehensive legal expertise in Service and Employment Laws, advising both employers on compliance and strategic human resource management, and employees on safeguarding their rights and seeking effective redressal. Our aim is to foster harmonious employer-employee relations and resolve disputes efficiently, whether through proactive measures or robust litigation.

The Evolving Landscape of Indian Labour Laws:

India’s traditional labour law framework consisted of numerous Central and State Acts covering various aspects of employment, from wages and working conditions to social security and industrial relations. To simplify and rationalize these laws, the Government of India has enacted four new Labour Codes:

1. The Code on Wages, 2019
2. The Industrial Relations Code, 2020
3. The Code on Social Security, 2020
4. The Occupational Safety, Health and Working Conditions Code, 2020

While these Codes are enacted, their full implementation (coming into force) is pending. Therefore, both the existing, older laws and the provisions of the new Codes remain relevant. Our team stays abreast of these legislative changes and their practical implications, ensuring up-to-date and accurate advice.

Our Services in Service & Employment Laws:

We provide a full spectrum of legal services in this domain, catering to the diverse needs of our clients:

I. For Employers:

• Compliance & Advisory:
  • Advising on compliance with all applicable labour laws (existing Acts and new Labour Codes) regarding wages, working hours, leave, holidays, gratuity, provident fund, ESI, bonus, etc.
  • Assisting in drafting and reviewing employment contracts, appointment letters, HR policies, standing orders, and employee handbooks.
  • Guidance on statutory registrations and filings (e.g., PF, ESI, Shops & Establishments Act).
  • Advising on issues related to contract labour, inter-state migrant workmen, and other specific categories of employees.
• Workplace Policies & Governance:
  • Developing and implementing policies for anti-discrimination, prevention of sexual harassment (POSH Act, 2013), whistle-blower protection, and code of conduct.
  • Assisting in establishing Internal Complaints Committees (ICCs) under the POSH Act and conducting necessary training.
  • Advising on data privacy pertaining to employee information.
• Dispute Prevention & Resolution:
  • Strategizing on employee grievances and disciplinary actions.
  • Representing employers in industrial disputes, conciliation proceedings, and before Labour Courts and Industrial Tribunals concerning issues like wrongful termination, retrenchment, layoffs, and lockouts.
  • Advising on voluntary separation schemes and exit management.
  • Negotiating with trade unions and handling collective bargaining matters.
• Mergers & Acquisitions (M&A) Due Diligence:
  • Conducting labour law due diligence during corporate restructuring, mergers, and acquisitions.

II. For Employees:

• Protection of Rights:
  • Advising employees on their rights concerning wages, working hours, overtime, leave, and statutory benefits (PF, ESI, Gratuity, Bonus).
  • Assisting in cases of unfair termination, wrongful dismissal, retrenchment, or forced resignation.
  • Addressing issues of discrimination based on gender, religion, caste, disability, or other protected characteristics.
  • Guidance and representation in matters of sexual harassment at the workplace under the POSH Act.
  • Protecting rights related to employment contracts, non-compete clauses, and confidentiality agreements.
• Dispute Resolution & Grievance Redressal:
  • Drafting and filing complaints, grievances, and legal notices on behalf of employees.
  • Representing employees in conciliation proceedings, before Labour Courts, Industrial Tribunals, High Courts, and the Supreme Court.
  • Seeking redressal for non-payment of dues, illegal deductions, or denial of statutory benefits.
  • Advising on the formation and registration of trade unions.
• Social Security Benefits:
  • Guidance on claiming provident fund, ESI benefits, gratuity, and maternity benefits.
  • Assisting with claims under the Employee’s Compensation Act, 1923, for workplace injuries or occupational diseases.

Key Aspects of Indian Service & Employment Laws We Cover:

• Wages & Remuneration: Minimum Wages Act, Payment of Wages Act, Payment of Bonus Act, Equal Remuneration Act (now largely subsumed by the Code on Wages).
• Social Security: Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; Employees’ State Insurance Act, 1948; Payment of Gratuity Act, 1972; Maternity Benefit Act, 1961 (now largely subsumed by the Code on Social Security).
• Industrial Relations: Industrial Disputes Act, 1947; Trade Unions Act, 1926; Industrial Employment (Standing Orders) Act, 1946 (now largely subsumed by the Industrial Relations Code).
• Workplace Health, Safety & Welfare: Factories Act, 1948; and other industry-specific safety laws (now largely subsumed by the OSH Code).
• Specific Categories of Labour: Contract Labour (Regulation & Abolition) Act, 1970; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
• Sexual Harassment: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Why Choose Panwar and Associates?

• Up-to-Date Expertise: We stay current with the rapidly changing Indian labour laws, including the nuances of the new Labour Codes.
• Dual Perspective: Our experience in representing both employers and employees provides us with a holistic understanding of workplace dynamics and dispute resolution strategies.
• Strategic & Practical Solutions: We provide clear, actionable advice that aligns with your operational goals and legal obligations.
• Efficient Dispute Resolution: We prioritize amicable settlements through negotiation or mediation, but are fully prepared for vigorous litigation when necessary.
• Confidentiality & Discretion: We handle sensitive employment matters with utmost confidentiality and professionalism.

Whether you are an organization seeking to build a compliant and harmonious workplace, or an employee requiring legal assistance to protect your rights, Panwar and Associates is your trusted legal partner. Contact us for expert guidance on all your Service and Employment Law needs.