Employment

OVERVIEW

JSA has a team of experienced Employment Law specialists who work with clients from a wide range of sectors, to tackle local and cross-border, contentious and non-contentious employment law issues. Our lawyers have extensive experience in handling complex and often politically sensitive employment-related matters.

Our Key areas of advice include:

• Advising on boardroom disputes including issues with directors, both executive and non-executive
• Providing support for business restructuring and turnaround transactions, addressing employment and labour aspects of a deal, to minimize associated risks and ensure legal compliance
• Providing transaction support with reference to employment law aspects of all corporate finance transactions, including the transfer of undertakings, transfer of accumulated employee benefits of outgoing employees to a new employer, redundancies, and dismissals.
• Advising on tax issues related to Employment restructuring
• Advising on compliance and investigations, including creating Compliance Programs and Policy, Compliance Evaluation Assessment and Procedure Development and providing support for conducting internal investigations into alleged wrongful conduct
• Advising on issues ranging from contract worker rights to general contractual issues; obtaining licenses and registrations under the Contract labour (CLRA) statue
• Advising on the procedure for disciplinary inquiry and rights of a delinquent employee
• Advising on hiring, remuneration, taxes, executive compensation and termination of employees.
• Conducting employment audits to evaluate legal compliance. The structure of our audit revolves around the applicability of best practices, proactive positioning, and planning for the future
• Designing, documenting, reviewing, and operating all types of employee benefit plans and arrangements, including incentive, bonus and severance programs
• Advising on international employment issues, including immigration, residency, social security benefits, taxation issues, Indian laws applicable to spouses and children of expatriates, and other legal
• requirements that arise when sending employees to India and recruiting from India, including body shopping situations
• Conducting background checks and making sure that our client’s investigative procedures comply with laws and contractual obligations
• Advising several multinationals and domestic clients on Covid 19 related policies including downsizing, salary reductions and work from home issues and policies including in context of statutory implications of telecom Laws

JSA offers extensive and varied training programs for employers to ensure that they are meeting their compliance obligations. We guide employers through structural changes and provide advice in respect of issues relating to employee severance, employer-employee relations, policy matters, trade unions, and employment disputes.

JSA also has significant experience in assisting employers to ensure that they provide focused and proactive counseling to comply with the obligations placed on employees under the prevention of sexual harassment regime in India. We advise and assist clients in cases involving sexual harassment at the workplace, intra-office consensual relationships, including drafting of prevention of sexual harassment (POSH) policies, participating in POSH proceedings, conducting training for employees as well as Internal Complaints Committee members, and acting as external members of POSH Committees.