Labour Law

For the last three decades, the Indian Industry has been continuously prevailing upon the Central
Government to bring in Labour Reforms to address the highly dynamic & volatile global business,
where the labour laws are stagnant but technology is changing at a lightning speed. An unfortunate

The 1st article on Code on Wages, 2019 (Code) dealt with Payment of Minimum Wages. In this 2nd article, the focus is on understanding and analysing the definition of “Wages” and “Contract Labour”

This write up is the third one in the series, dealing with Payment of Bonus.
The last series concluded with the definition of “Contract worker” highlighting the principles of “Contract of Service & Contract for Service”. It is considered important to briefly explain the principles since they are of high significance to any business.

All Corporates engage people suitable to any position based on Technical and soft skills with expertise in respective areas. The engagement is based
on an “Employment Contract” normally captioned as “Letter of Appointment”. The Employment Contract may be a simple one or may incorporate certain conditions like – non-compete, non-solicitation, non

In the previous Article1, a mention was made about contracts “Opposed to Public Policy” while discussing the legal enforceability of “Contracts” before any Court of Law. To start with, it is essential to understand the conceptual meaning and enlightened views of various Courts including the Supreme Court of India and the House of Lords.

In this Article, we will discuss the later part of Non-Compete clause/ agreement. A company may depute an employee to undergo special skill training either within India or abroad or
depute to a collaborator to study the technical inputs. The company may also commit to offer a permanent position in the company on completion of training. In all these cases the company may

In the previous article restrictive or negative covenants in an Employment Agreement and Noncompete clause were discussed.
In this article, we shall discuss other important clauses in an Employment Agreement namely; nonsolicitation, non-disclosure, confidentiality and breach of Intellectual Property.

In the previous Articles, we had discussed about various clauses in the Employment Contract namely, Non-Compete, Non-disclosure, Confidentiality,
Protection of Intellectual Property Rights (IPR), claim on damages – liquidated, un-liquidated, penalty for breach etc.

The business world today, is highly dynamic and challenging with fast changing technology and innovations. Hence corporates need to explore opportunities through expansion, diversification, re-organization, restructuring and other varied methods or systems to succeed in the industry. Digitalization is on the offing

All of us are aware that the Government of India has initiated the process of “Labour Reforms” with the intention to simplify the legislations by consolidating the existing large
number of legislations. In this connection, 4 Codes have been drafted out of which one is