OUR EMPLOYMENT PRACTICE

Transcription

1 OUR EMPLOYMENT PRACTICE

2 CONTENTS ABOUT TRILEGAL 04 OUR EMPLOYMENT PRACTICE 05 WHY CHOOSE OUR EMPLOYMENT PRACTICE 06 EMPLOYMENT PRACTICE WORK HIGHLIGHTS 08 KEY CONTACTS 13

3 Ranked as one of the top 10 most innovative firms in APAC. FT - Asia-Pacific Innovative Lawyers Ranked as one of the top 5 law firms in India. RSG India Report Best Overall Law Firms in India. India Business Law Journal (IBLJ) National Law Firm of the Year and India Client Service Law Firm of the Year. Chambers Asia-Pacific Awards

4 ABOUT TRILEGAL Trilegal is one of India's leading law firms with offices in four of India s major cities - Mumbai, New Delhi, Bangalore and Gurgaon. We represent clients on a large number of the most complex and high value transactions in India. We believe that the combination of our firm s culture, the depth of our transactional experience, the wide range of our expertise and the quality and energy of our lawyers, allows us to offer a level of client service that is unique in the Indian legal market. We take a commercial perspective of the issues our clients face with the aim of developing a solution-oriented approach. Our areas of expertise include mergers and acquisitions; strategic alliances and joint ventures; private equity and venture capital; energy and infrastructure; banking and finance; restructuring; capital markets; telecoms, media and technology; dispute resolution; regulatory; competition law; labour and employment; real estate; and taxation. Our client roster includes many of the world's leading corporations. We provide our clients seamless, efficient and integrated service across a broad spectrum of practice areas. 04

5 OUR EMPLOYMENT PRACTICE Trilegal recognizes the importance of providing specialized advice on employment laws in India, and has created a dedicated practice with a focused team that advises some of the top Indian and multinational companies on a variety of issues related to Indian employment laws. Trilegal lawyers routinely advise clients on issues ranging from structuring senior management contracts and remuneration policies to drafting and advising on the enforceability of training bonds, confidentiality and non-compete agreements. We help our clients comply with employee benefit and social security legislations in India and provide comprehensive local law advice on compliances and registrations advice on best practices, strategies and processes, investigation and management of whistle-blower and sexual harassment complaints, internal disciplinary enquiries and union related matters. We also advise on employee stock options and bespoke incentive schemes, employee transfers on business sales and advise on transfer of the various social security funds and structuring of transfer agreements, etc. Where required we conduct full-fledged HR compliance audits and internal trainings for employees and management, and assist companies in structuring their policies and handbooks. Trilegal is also the sole India representative to the Employment Law Alliance one of the largest and most significant labour and employment network in the world. 05

6 WHY CHOOSE OUR EMPLOYMENT PRACTICE PIONEERS In most Indian firms employment law advice has traditionally been offered as a secondary offering to what is primarily a corporate practice. However, both Indian and multinational businesses are increasingly realizing the importance of high quality and comprehensive employment advice. Trilegal was one of the first top-tier Indian law firms to recognize this need and develop a dedicated employment law practice. We have advised several large multinational companies on complex issues relating to employment laws, and have helped them successfully navigate through arguably the most complicated employment law system anywhere in the world. DIVERSE PRACTICE With transactions and corporate structures becoming increasingly complex, clients require advice on not just on core employment issues but also on a wide range of allied regulatory issues. As one of the few law firms in the country that houses diverse specialized practice areas under one roof, we are able to meet all these requirements. A diverse practice portfolio enables us to deal with complex issues across a broad range of products and also build a strong platform to service clients' needs. EXPERT TEAM Our lawyers have an in-depth understanding of employment laws in India. Our expertise in navigating through nearly 200 employment laws governing businesses and employment in India makes our practice one of the most specialised in the country. We understand our clients' specific needs and look to provide both legal and commercial insights on issues. Our lawyers look to build strong relationships with in-house legal teams and work alongside them to provide reliable expert advice. We regularly place secondees with our clients to ensure that our lawyers have a practical understanding of the needs of the business with respect to labour and employment issues. 06

7 Recommended for Management Labour and Employment. Indian Lawyer 250

8 EMPLOYMENT WORK HIGHLIGHTS EMPLOYMENT DILIGENCE AND HR AUDITS Google on the review of various employment documents in relation to their acquisitions in India. Also assisted them with their in-house employment training sessions, sexual harassment policies and various other employment matters. BlackRock on a detailed diligence of labour law compliances for their establishment in Gurgaon. British Telecom on a detailed labour audit across various major Indian locations, and providing assistance with compliance related issues. Zynga on compliances required from a contractor as well as internal labour compliances under key employment legislations in Karnataka. NCR on the applicability of labour regulations and compliance under local statutes required for its operations in India. EMPLOYEE DISPUTES, DISCIPLINARY ENQUIRIES AND TERMINATIONS Verizon on disputes related to termination on employees on performance grounds and on documentation for termination of services for misconduct. PayPal on structuring and managing large scale redundancies in India. British Gas on employee misconduct investigations and procedures. VMware on employee separation and redundancies as well as matters relating to employee misconduct. Chemtura on issues associated with misconduct investigations at their factories and employee separations. Huntsman on managing employee relations and separations consequent to breach of company policies. General Electric on large scale redundancies and employee separations in India. Tyco Fire and Safety in connection with potential employee dispute, strategy and structuring appropriate communication to the employee. Cisco Systems on various issues relating to termination of services of employees. CA Technologies on an employee dispute with a senior employee. Mitsui on strategy and law around pending claims for provident fund and other benefits by whole time and contract employees of an associate entity. SENIOR MANAGEMENT EXITS AND MUTUAL SEPARATIONS Heinz on separation of senior management employees and associated employment disputes. Also assisted in the drafting of the separation agreements. A major player in the cable and MSO business on separation of its senior managerial employee and executing relevant exit agreements. MacMillan Publishing on structuring senior management contracts, advisory in relation to senior employee exits and separation agreements, as well as employee disputes. Advice also included drafting separation agreements for senior management employees. 08

9 They meet their expected deadlines and are always available when we need them. Chambers Asia-Pacific Pioneers of employment law in the country. Chambers Asia-Pacific

10 Western Union on various aspects of employment related laws in India including senior management contracts and termination issues. Pfizer on various employment issues relating to their senior management contracts. Chemtura on issues associated with senior management contracts and benefits. BlackRock on senior management exits. DSM Anti-Infectives India Private Limited on structuring senior management separation contracts. Jefferies in structuring mutual separation agreements with senior level employee in India. NSF Safety & Certifications in connection with mutual separation of a sales employee and connected matters. INDUSTRIAL RELATIONS Tyco Electronics on the movement of their manufacturing units in Kerala and on strategies for negotiation with trade unions for the same. Hershey s on industrial dispute resolution proceedings under the Industrial Disputes Act, 1947 as well as trade union negotiation strategies. Avery Dennison on issues associated with the restructuring of labour across its manufacturing units. General Motors on issues relating to legality of a strike at their plant in Gujarat and potential mitigating strategies. TRANSFER OF EMPLOYEES Pfizer on various employment and union related matters connected with their acquisition of Wyethin India and the transfer of employees between these entities. General Motors on their acquisition of Delphi Automotive steering division in India. Advice included structuring the transfer of employees between these entities and coordination with union representatives. SunGard on the transfer of employees in relation to the restructuring of its higher education business. Uninor on structuring the transfer of employees to Telewings Communications Services Private Limited. AOL on the transfer of their entire BPO employees to Aegis BPO Services as part of their business sale. Syniverse on employment related issues pursuant to the acquisition of the messaging business of Verisign Services India Private Limited by Syniverse Technologies Services (India) Private Limited. IMMIGRATION AND SECONDMENT Stanford University on the visa requirements for faculty visiting India for a certificate course. Telenor on visa requirements for employees of Telewings proposing to visit India. SanDisk in preparing training materials on Indian immigration laws. Capita in preparing a memo on the different types of visas in India and accompanying requirements to obtain the same. Toshiba on secondment issues relating to India. Appirio on visa options for expats and Indian origin employees being deputed to work in India. Enterprise Integration Pte Ltd on labour law and tax implications of employing an individual in India vis-à-vis engaging in a consultancy arrangement. 10

11 We have worked with all of the large law firms in India, and I would certainly recommend Trilegal for their service, efficiency, and quality of advice. The Indian Lawyer 250 They have a practical insight into the issues. They give us solutions and tackle problems with ease. Chambers Asia-Pacific

12 GENERAL EMPLOYMENT ADVISORY Accenture on various employment issues connected with their operations in India, including standing orders, provident fund compliance, overtime, wage analysis, audits and disputes. Verizon on their separation and employment agreements in India. Also advised them on gratuity payments to legal heirs of deceased employees. Chemtura India on a review of employee policies and employment handbooks. Mitsui in connection with policy and law around international workers and associated contributions under the Employees Provident Funds Act. CA Technologies on reviewing and framing a consolidated leave policy for all their operations in India. International Paper on review of their employment policies applicable to their paper mills in Andhra Pradesh and the engagement of contract labour. Philips Electronics on the creation of their employment handbook / HR Manual. British Telecom on various aspects of employment in India, including issues relating to non-discrimination, recruitment, employment benefit schemes, retrenchment and disciplinary action. ING Vysya Bank on structuring their remuneration policies and incentive plans in light of the EU directives and the guidelines on compensation released by the Reserve Bank of India. Universal Studios on structuring benefits and employment contracts for employees in India. Goldman Sachs on various issues relating to their employment policies, contractor compliances. Avery Dennison on various employment issues related to standing orders, payment of statutory bonus, etc. SanDisk on employees bonuses and salary adjustments. Also conducting training sessions on various employment laws. British Gas on various aspects of employing expats and consultants in their operations including compliance with contract labour and Provident Fund regulations. Also advised them on employee misconduct investigations and procedures. Goldman Sachs on investigations associated with contract labour. Heinz on various employment issues relating to engagement of contractors in its Indian factories. VMware on various issues associated with background checks and employment policies. Zynga on their standing orders as well as matters connected with contract labour compliance, payment of provident fund for expat workers and compliance audits. General Electric and its India group companies on a variety of employment of law issues, including factories registrations, restructuring, provident fund compliances, review of their standing orders. Universal Studios on various employment matters including labour compliance and registrations. Symantec Corp on issues relating to leave and redundancy. Also, contributing on a HR helpline for Symantec. Bank of America and Bank of America Corporation and Merrill Lynch & Co., Inc., and their respective subsidiaries and affiliates on various aspects of employment law including harmonization of various benefits following the merger. 12

13 KEY CONTACTS AJAY RAGHAVAN Partner Bangalore Tel ATUL GUPTA Partner Bangalore/NCR Tel

14 They provide thorough and targeted coverage and complete, practical advice. Chambers Asia-Pacific

15 MUMBAI Peninsula Business Park 17th Floor, Tower B Ganpat Rao Kadam Marg Lower Parel (West) Mumbai India T DELHI 311 B, DLF South Court Saket, New Delhi India T GURGAON 5th Floor, Tower 4B DLF Corporate Park DLF City Phase-3 MG Road, Gurgaon India T BANGALORE The Residency 7th Floor, 133/1, Residency Road Bangalore India T