08Advisory
Employment & Service Matters
Representation in employment, service and labour-related disputes.
Employment and service disputes affect both individuals and organisations. We advise and represent clients in matters concerning termination, service conditions and related labour and employment law issues.
Services & Matters Handled
- Termination and wrongful dismissal disputes
- Service matters before tribunals
- Employment contract advisory
- Labour law compliance matters
What To Bring
Typical information that helps us assess a matter of this kind:
- Employment contract and related correspondence
- Termination or show-cause documentation, where applicable
- A summary of the employment history and dispute
How a matter of this kind proceeds
Reviewing the record
The contract, the policies said to apply, the show-cause or termination letter and the correspondence are read together. Employment matters turn on process as much as on substance.
Internal process
Where a domestic enquiry or internal appeal is available, it is used, and used carefully — what is said there is relied on later.
Statutory forum
Depending on the employment and the grievance, the matter proceeds before a labour authority, a tribunal, or a court.
Hearing and relief
Evidence and arguments follow, with relief ranging from reinstatement and back wages to compensation.
Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.
Common questions
I have been terminated. Do I have a claim?
It depends on the nature of the employment, what the contract and policies provide, and whether the process followed was fair — notice, a stated ground, and an opportunity to respond where one was required. The available forum differs markedly between workmen and managerial employees.
Is a non-compete clause enforceable?
A restraint operating after employment ends is treated restrictively in India. Confidentiality obligations and restraints during employment stand on different footing. The drafting matters, and so does what the clause is actually protecting.
We are an employer. How do we reduce disputes?
Clear contracts, policies that are actually applied, documented process before adverse action, and full and final settlements that say what they mean. Most employment litigation we see is procedural in origin rather than substantive.
Next Practice Area
Family & Matrimonial Matters