Business restructuring, whether due to global cost pressures, automation, mergers, or market slowdown, often necessitates workforce rationalisation. However, in India, retrenchment and layoffs are not purely commercial decisions; they are heavily regulated under the Industrial Disputes Act, 1947 and
Best Law Advisor in Gurgaon
Best Law Advisor in Gurgaon, published by Kanchan Khatana and Associates, covers a range of labour and employment law topics relevant to India. The blog discusses legal frameworks and reforms affecting gig and platform workers, outsourced employees, and contractual staff in essential services. It addresses state-level initiatives on worker welfare, social security benefits, and industrial safety compliance, including boiler inspections and labour code amendments. The blog also explores issues around workers' rights, collective bargaining, gender inclusion in night shifts, and regulatory enforcement challenges. It highlights government policies, legal disputes, and the balance between labour protections and industrial or public service needs.
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Employment law – Right to Disconnect, Remote Work & Digital Surveillance
With hybrid work models becoming standard, new legal tensions are emerging. Though India does not yet have a comprehensive “Right to Disconnect” statute, policy discussions and global influence are shaping employer practices. Excessive after-hours communication and unrealistic availability…
Employment law – Non-Compete, Confidentiality & Restrictive Covenants
In a competitive employment market, disputes over non-compete clauses and confidentiality obligations are rapidly increasing. Under Section 27 of the Indian Contract Act, post-employment non-compete clauses are generally unenforceable. However, employers frequently attempt to restrain former employees through legal…
Corporate law – Industrial Relations & Collective Disputes
Industrial relations disputes remain highly relevant, particularly in manufacturing and large establishments. Layoffs, retrenchment, closure, and strikes are governed by strict procedures under the Industrial Disputes Act, 1947, and now subsumed under the Industrial Relations Code, 2020.Failure to obtain…
Employment law – Provident Fund (PF), ESI & Social Security Disputes
Non-payment or delayed deposit of Provident Fund contributions is one of the most litigated employment issues in India. The Employees’ Provident Fund Organisation strictly monitors compliance under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Even minor defaults can…
Employment Law – Workplace Safety & Employer Liability.
Workplace safety is no longer confined to factories and construction sites. With the expansion of compliance frameworks under the Occupational Safety, Health, and Working Conditions Code, 2020, employers across sectors, including IT, healthcare, and manufacturing, are legally obligated to…
Posh act in India – Workplace Harassment & Sexual Harassment
Workplace harassment—particularly sexual harassment- has gained increased legal scrutiny in India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates Internal Committees, time-bound inquiry, and fair process. Yet, procedural lapses remain widespread.
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Employment law and labor law – Wage and Salary Disputes.
Salary disputes remain one of the most common triggers for legal consultation. Delayed salaries, unpaid incentives, arbitrary deductions, and non-payment of overtime frequently violate statutory protections under the Payment of Wages Act, 1936, Minimum Wages Act, 1948, and now…
Employment Law in India – Unfair or Wrongful Termination.
In India, termination of employment is not merely a managerial decision; it is a legal act that must comply with statutory protections under the Industrial Disputes Act, 1947, the Industrial Relations Code, 2020, and principles of natural justice. Yet,…
Corporate law – Trade Unions and Collective Bargaining in India.
Recent Legal Developments and Case Law InsightsTrade unions remain the backbone of industrial relations in India, representing workers’ collective voice in negotiating wages, working conditions, and social security. In recent years, both legislative reforms and judicial pronouncements have reshaped…