At ORTIS Law Offices, labour and employment laws are recognized as the foundation of a well-functioning organization. Over the last few years, nations across the globe, including India, have witnessed the introduction of increasingly stringent legal provisions to govern labour and employment issues. In an evolving regulatory environment where compliance, workplace policies, and employment disputes significantly impact business operations, it is imperative to have a trusted legal partner to guide you through these complexities.
Team ORTIS is skilled and experienced in advising and representing domestic and international clients on a range of distinct issues – both local and transnational. The Labour & Employment practice at ORTIS Law Offices serves as a one-stop solution for organizations across industries, providing strategic counsel and representation in all aspects of labour and employment law issues. ORTIS team ensures that legal solutions are designed to align not only with local laws but also with the operational and commercial objectives and vision of clients.
Services Offered By The Firm
1. Strategic Employment Advisory & Execution
Team ORTIS assists its clients in structuring, restructuring, and closure strategies of businesses, inter-alia offering guidance on workforce rationalization, retrenchment, layoffs, and voluntary retirement schemes. Additionally, legal advisory is provided to clients for establishing new factories, corporate offices, and industrial establishments across India, ensuring full compliance with labour laws.Team ORTIS has successfully represented clients in high-stakes factory closures, obtaining necessary government approvals and executing smooth transitions. Team ORTIS also holds experience in trade union negotiations, dispute resolution, and employee grievance management. ORTIS team specializesin providing end-to-end legal support in managing all post-closure formalities, inter-alia including retrenchment compensation, statutory clearances, and handovers.Advisory services by Team ORTIS have been instrumental in facilitating the closure of a renowned B2B wholesaling unit, ensuring seamless compliance with labour laws while effectively mitigating associated risks.
2. Employment Policies & Workplace Governance
Team ORTIS routinely drafts and reviews employee handbooks, bespoke remuneration structures, and policies related to employee compensation and benefits, including wage regulations, leave entitlements, and workplace safety. The team’s expertise extends to drafting workplace policies on privacy, data protection, whistleblower protection, anti-corruption, and risk management. ORTIS teamhas been actively involved in assisting with compliance framework development and offers specialized advisory on the Prevention of Sexual Harassment at Workplace Act (POSH). Notably, the ORTIS team has assisted organisationsin implementing robust workplace privacy policies in adherence to data protection regulations.Team ORTIS also brings extensive experience in supporting clients with the establishment and implementation of policies once approved.
Team ORTIS is skilled and experienced in drafting, reviewing, and negotiating employment contracts, consultancy agreements, and contingent workforce arrangements, involving legally sound non-compete, non-solicitation, confidentiality, and data protection clauses to safeguard business interests. The ORTIS team routinely advises clients inter-alia including various KMPs & SMPs, and is skilled in drafting entry and exit documentation, encompassing termination clauses, severance packages, and non-disclosure agreements. ORTIS team ensures that the agreements are water tight and balanced in a way that best protects the rights of its clients and is in compliance with the local labour laws.
4. Social Security & Statutory Compliance
Team ORTIS routinely advises clients on contract labour regulations, workmen’s compensation, mandatory employer contributions under social security legislations, requirements of the Factories Act, employment exchange regulations, industrial disputes, trade union laws, equal remuneration, and maternity benefits. ORTIS team holds experience in handling disputes concerning social security entitlements before relevant authorities, courts, and tribunals.
5. Workplace Training & Compliance Audits
ORTIS team has also been actively involved in conducting training programs for employees, HR personnel, and management on workplace laws and regulatory compliance. ORTIS team offers training on POSH compliance, workmen’s compensation, occupational health & safety, Factories Act and emerging employment trends. Additionally, the ORTIS team has also conducted labour and employment compliance audits for its clients to identify gaps, mitigate risks, and ensure adherence to statutory obligations.
6. Employment Diligence & Workforce Transfers
Team ORTIS offers conducting due diligence on employment-related risks in business restructuring. ORTIS team have effectively strategized and assisted in structuring employee transfer frameworks to ensure smooth transitions during corporate restructuring and outsourcing transactions. ORTIS team provides comprehensive advisory on liabilities and obligations arising from employee redundancies post-acquisition, helping its clients mitigate risks effectively.
7. Dispute Resolution & Employment Litigation
ORTIS team has also effectively strategized and contested/ defended disputes emanating out of employee misconduct, accidents at the workplace, and cases of sexual harassment by and against employees involving questions of fact as well as law concerning the procedure for inquiry as per the intent of the legislature. ORTIS team has extensive experience in handling cases before Labour Courts, Industrial Tribunals, High Courts, and other judicial forums. Furthermore, the ORTIS team has significant expertise in managing trade union disputes, securing injunctions against strikes and lockouts, and negotiating settlements for manufacturing sector clients.
In an atypical case, Team ORTIS acquired permission for the closure of a factory under Section 25-O of the Industrial Disputes Act, 1947 from a High Court exercising writ jurisdiction. Pursuant thereto, Team ORTIS was responsible for handling all the formalities relating to such closure of undertaking including drafting of documents towards the grant of retrenchment compensation, handover of leased premises, and other statutory and non-statutory licenses and permissions. Additionally, team ORTIS recently secured interim relief in a suit for permanent and mandatory injunction against an apprehended strike at a factory unit of a well known MNC, ensuring business continuity and preventing losses for the client.
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