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Employment


Archer & Angel’s attorneys have expertise in all areas of labor and employment laws including drafting employment contracts and employee handbooks, non-disclosure and non-compete agreements; Codes of Conduct; advise and preparation of polices on various matters including prevention of harassment in workplace, use of IT resources, standing orders; internal investigations on compliance and anti-corruption; advising on employer obligations and employee benefits under Indian law, including statutory rights for provident fund, gratuity, maternity benefits, workers compensation etc; negotiation of collective agreements with trade unions and employee associations; privacy and confidentiality issues, employment termination procedures and negotiations; sale and closure of manufacturing facilities, transfer of employees and undertakings and voluntary retirement schemes; registration of foreign nationals in India, employment related due diligence and internal audits on compliance issues.

  • Advised an information technology and computer networking products multi-national company with over 3000 employees in India on restructuring compensation packages, leave and retrenchment policies and resolving disputes with senior management level employees who were terminated.
  • Transfer of a division of one of India’s largest mapping and consultancy companies to a third party, which included transfer of employees along with statutory benefits such as provident fund, gratuity, insurance etc.
  • Advised a US headquartered multinational in acquisition of an Indian company, including transfer of all employees, migration of statutory and other benefits, amendment and surrender of labor related registrations, documentation relating to assumption of stock options and termination of certain employees and contract workers.
  • Closure of a subsidiary of a Singapore based company, which included retrenchment of all employees, both senior management and other staff (both at the corporate office and factory).
  • Advise on labor legislation applicable to a foreign owned news bureau, including all employer obligations, employee benefits, preparation of standard form employment contracts, immigration issues applicable for visiting journalists and other staff.
  • Advised a subsidiary of a European multinational with offices all over India on mass lay-offs, introduction of vacation and enforced leave policies, advise on validity of ‘no-work, no-pay’ policies, change in compensation policies.
  • Advised one of India fastest growing skills, communication and human resource management company on restructuring of organization, including termination and recruitment of senior level staff and compensation and performance evaluation policies.
  • Advise to an Indian engineering company on confidentiality and non-compete agreements to be signed with employees in connection with a particular contract signed with a third party which imposed US$17 million liability on the company for violation of secrecy provisions.
  • Advising one of the world’s largest nurse recruitment companies on hiring of nurses, employment contracts, transfer from employment in India to overseas group companies, contracts with agents with India for recruitment and advise on Government of India’s regulations and procedures for obtaining a licence for commencement of recruiting business in India.
  • Advised one of the world’s largest retail companies having a sourcing office in India on anti-corruption laws, conducting an investigation into allegations of employee misconduct and assisted on FCPA related investigations.
  • Advised a subsidiary of a Thai manufacturing company on issues relating to termination of senior management claims for wrongful dismissal and successfully negotiated and concluded settlement agreements with employees.
  • Advised a US based corporation acquiring an Indian entity in various aspects of employment laws, regulations on stock options, severance benefits for certain employees, preparation of new employment contracts etc.
  • Advising one of India’s leading chambers of commerce on employment contracts, executive severance and retirement; workers compensation, wage hour compliance and other employee benefits such as provident fund and gratuity.
  • Advised on the establishment of a business processing outsourcing center in North India to provide medical transcription services to European and American clientele, including advise on employer obligations and employee benefits, labor regulations and corporate compliance issues.
  • Advised one of India’s leading hospital groups on setting up of its online business which is to act as a critical support to it main business, including online payment mechanisms and review of medical history, contracts for data processing and security systems. Also advised on intellectual property issues, privacy of personal data, and human resource management including advise on contractual issues with doctors, nurses and other staff and applicable labor legislations.
  • Advised a leading US based software company on setting up its business operations in India, including advise on regulatory approvals, labor and employment issues, preparing handbook of regulations, employment agreements and structuring of salaries to ensure minimal taxation for employees.
  • Advised a leading management company on issues related to termination of senior staff, including structuring and negotiation of a severance package and termination agreement including provisions relating to confidentiality and intellectual property.
  • Advised an American non-profit organization on employment issues for its expatriate employees based in India, with special emphasis on ensuring that employees cannot claim severance benefits under Indian law.
  • Conducted an extensive due diligence on an organization targeted for acquisition, with special emphasis on employment issues with a view to ensure acceptance of new employment terms with acquiring company.
  • Advised a Japanese tobacco company on compliance policies, preparation of Code of Conduct for employees and advise on laws relating to providing gifts and hospitality to public servants.
  • Successfully represented one of the largest US based internet portals in a dispute with the local government administration in India. Dispute related to violation of labor laws by the company.
  • Represented an US technology company before mediation tribunal and subsequently labor courts in negotiation and settlement with a group of employees terminated by the company.
  • Advised an Indian subsidiary of a leading automotive components company on issues relating to superannuation, termination of employee, structuring, negotiation of a severance package and release including provisions relating to confidentiality and non-compete.
  • Represented 3 subsidiaries of an US multinational in amalgamation of approved gratuity funds, including transition from 3 funds to 1, approval from income tax authorities and concluding all legal formalities for merger of trust deeds.
  • Various representations for clients for employment contracts, work permits, registration of foreign nationals entering India with local authorities, employee handbooks, advise on regulations relating to retrenchment, contract labor, provident fund, gratuity, pension funds due diligence on employees etc.
  • Advised a subsidiary of a Singapore based technology company on transfer of all employees from a liaison office to the subsidiary, including waivers to the liaison office enabling liaison office to successfully wind up its operations.
  • Advised various companies on recent regulation relating to provident fund being payable to international workers employed on a short term basis with Indian companies.