Employee–employee disputes in India often center around allegations of harassment (sexual, mental, or discriminatory), defamation, and breaches of mutual trust or confidentiality. Harassment under law covers unwelcome conduct affecting dignity, including sexual harassment (governed by the POSH Act, 2013), intimidation, and hostile work environment claims.
While non-compete clauses, seeking to restrict employees from engaging with competitors or starting competing businesses are void, under Section 27 of the Indian Contract Act, 1872, such covenants are rendered unenforceable after cessation of employment, as they are considered restraints of trade. However, reasonable restrictions during the term of employment—for example, prohibiting concurrent engagement with competitors—are valid and enforceable. When it comes to clauses mandating confidentiality and non-disclosure of the employer’s proprietary, confidential, or trade secret information are legally enforceable, both during and post-employment.
Conflicts frequently arise over conclusiveness of probation, extension procedures, and performance evaluation, particularly regarding rights of termination and regularization.
Employees sometimes challenge adverse appraisals, denied promotions, or performance improvement processes as being unfair, arbitrary, or lacking transparency.
Disputes over termination for misconduct, redundancy, or non-performance are common—especially where process or severance entitlements are not followed as per statute or contract.
Claims regarding wrongful denial of statutory or contractual leave, miscalculation of earned leave, or non-grant of holidays are routinely raised.
Litigation often concerns delayed or denied payment of gratuity, provident fund, ESI, and bonus, sometimes resulting in proceedings before labour commissioners or statutory authorities.
Implementation of Internal Complaints Committees under the POSH Act and robust grievance redressal mechanisms are mandatory for compliant workplaces.
Regular legal compliance training and strict adherence to contract documentation, especially for restrictive covenants and confidential information, are crucial for legal defensibility.
Maintaining lucid internal policies, HR manuals, covering terms of employment, confidentiality, invention assignment, disciplinary action, termination, and statutory benefits improves transparency and reduces disputes.
We represent clients in labor and industrial tribunals, High Courts, the Supreme Court, and regulatory bodies—all across employment disputes including wrongful termination, wage claims, disciplinary matters, discrimination, workplace harassment, and union issues.
For government employees, we regularly advise on service matters, transfers, promotions, disciplinary proceedings, and represent clients before Central/State Administrative Tribunals and courts.
Our team drafts and reviews appointment letters, employment agreements, HR policies, non-compete/NDAs, and incentive schemes. We ensure legal enforceability and alignment with current regulations and best practices. We also guide clients through the intricacies of India’s evolving labor landscape—including the new labor codes, legacy statutes, and industry-specific rules—to help businesses maintain ironclad compliance and proactively address workplace risks.
Our lawyers mediate and arbitrate employment disputes where possible, reducing time, cost, and reputational harm.
We obtain urgent interim relief for wrongful suspension or illegal termination, defend against improper charge sheets, and manage crises arising from regulatory action or whistleblower complaints.
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