Employment Lawyer in India : Best Corporate Lawyer

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Navigating Global Disputes: Recent Trends in International Commercial Arbitration and Their Impact on Contract Enforcement

International commercial arbitration has emerged as a preferred method for resolving cross-border disputes, providing businesses with a flexible and neutral alternative to traditional litigation. Recent trends in this field have shaped the landscape of dispute resolution, impacting the way contracts are enforced globally. This article delves into the notable developments in international commercial arbitration and examines their implications for the enforcement of contractual agreements on the international stage.

1. Increased Use of Technology:

As the world becomes more interconnected, international commercial arbitration has embraced technological advancements. Virtual hearings, electronic document submission, and online case management systems have become integral to the arbitration process. This trend not only enhances efficiency but also accommodates the diverse geographic locations of parties involved in cross-border disputes.

2. Diversity and Inclusion in Arbitrator Selection:

There is a growing emphasis on diversity and inclusion in the selection of arbitrators. Stakeholders in international commercial arbitration are increasingly recognizing the importance of diverse perspectives in ensuring a fair and impartial resolution of disputes. Organizations and institutions are implementing measures to promote diversity among arbitrators, fostering greater trust in the arbitral process.

3. Third-Party Funding:

The use of third-party funding in international arbitration has gained traction. This practice involves external investors funding one party's legal costs in exchange for a share of the award. While third-party funding can provide parties with access to justice, it also raises ethical and transparency concerns. These concerns are influencing the regulatory landscape and shaping the parameters under which third-party funding operates.

4. Sustainable Arbitration Practices:

The global shift towards sustainable practices has also influenced international commercial arbitration. Parties are increasingly incorporating sustainability and environmental considerations into their contracts, and arbitrators are addressing these issues in dispute resolution. This trend reflects a broader societal awareness and commitment to responsible business practices.

5. Emergency Arbitrators and Interim Measures:

Recent developments include the emergence of emergency arbitrators and the availability of interim measures. Parties seeking urgent relief before the constitution of the arbitral tribunal can now turn to emergency arbitrators. This enhances the efficacy of the arbitration process, allowing for prompt resolution of critical issues that may impact the ongoing business relationship.

6. Streamlined Procedures:

In response to the need for efficiency, many arbitral institutions have introduced streamlined procedures. These procedures aim to reduce costs and expedite the resolution process. Parties are increasingly opting for these mechanisms, emphasizing the desire for a more efficient and cost-effective arbitration experience.

Impact on Contract Enforcement:

The evolving landscape of international commercial arbitration has a direct impact on how contracts are enforced globally. The efficiency and adaptability of arbitration contribute to the enforceability of awards across borders. The recognition and enforcement of arbitral awards under international conventions, such as the New York Convention, further strengthen the enforceability of contracts settled through arbitration.

Conclusion:

Recent trends in international commercial arbitration reflect a dynamic and responsive approach to the evolving needs of businesses engaged in cross-border transactions. From technological advancements to an increased focus on diversity and sustainability, these trends are shaping the future of dispute resolution. As parties continue to choose arbitration as their preferred method for resolving international disputes, the enforceability of contracts becomes closely intertwined with the progressive developments in the field of international commercial arbitration. Businesses and legal professionals navigating the complexities of global transactions must stay attuned to these trends to ensure effective and enforceable resolution mechanisms for their contractual agreements.

Employment Law - Steps for if your employer is not providing you with a relieving letter

If your employer is not providing you with a relieving letter, it can be concerning, as this document is often necessary for various purposes, including future job applications. Here are steps you can take to address the situation:

1. Communicate Clearly: Initiate communication with your former employer in a polite and professional manner. Send an email or letter explaining your request for a relieving letter and the importance of having it for your future endeavors.

2. Follow Company Procedures: Review your employment contract or company policies to see if there are any specific procedures or timelines for obtaining a relieving letter. Ensure that you have complied with these requirements.

3. Contact HR: Reach out to your company's HR department or the relevant HR personnel responsible for handling employee records and documentation. Request their assistance in obtaining the relieving letter.

4. Provide Notice: If your company has any outstanding issues with you, such as notice period completion, dues, or return of company property, address these issues promptly. Clearing any outstanding matters may facilitate the issuance of the relieving letter.

5. Mention Legal Rights: Politely remind your employer that, in many jurisdictions, employees have the legal right to receive certain documents upon termination, including relieving letters. Refer to any applicable labor laws or regulations that support your request.

6. Escalate Gradually: If your initial attempts to obtain the relieving letter do not yield results, consider escalating the matter within the organization. Speak to higher-level managers or supervisors who may have the authority to issue the letter.

7. Consult Legal Advice: If your employer continues to withhold the relieving letter without valid reasons, consider seeking legal advice. A labor attorney can help you understand your rights and may be able to send a legal notice to your former employer requesting the letter's issuance.

8. Documentation: Keep records of all your communications and interactions related to the request for the relieving letter. This includes emails, letters, and notes from any conversations. This documentation can be valuable if you need to pursue legal action.

9. Alternative References: In the absence of a relieving letter, you can use alternative references, such as colleagues, supervisors, or other documents (like appointment letters or payslips), to demonstrate your work experience and employment history to potential future employers.

10. Seek External Mediation: Depending on your jurisdiction, you may have access to labor boards or government agencies that can mediate disputes between employees and employers. Explore this option if necessary.

Remember that the specific steps you take may vary depending on your location and the circumstances of your employment. It's crucial to remain professional and patient throughout the process while advocating for your rights. Consulting with a legal expert is advisable if the situation remains unresolved or becomes contentious.

Employment (HR) Policies/Practices and Compliance Audit

Employment (HR) Policies/Practices and Compliance Audit

KEY OUTCOMES

• HR-related decisions were taken through a decision-making matrix and thus consistently applied across the business, saving management time and reducing ambiguity when communicating with the rest of the team.

• The HR Audit document became the list of projects and initiatives that were scheduled to be completed in order of importance to the business to ensure legal and best practice compliance.

• HR system was sourced, handbooks and policies were introduced, employment contracts were updated and rolled out, governance system was developed, and all I relations issues were resolved.

• We identified a potential Claim that could be raised from the PF department amounting to 25 crores (approx.) and a risk mitigation and remediation

plan was implemented

The Company

Medium-sized IT /Software service provider.

The Problem

The business had recently experienced growth, which necessitated the hiring of a large number of additional staff members quickly. The company's current

Procedures could not support the growth, which led to many HR Area-related problems/ challenges.

The business lacked the in-house expertise necessary to recognize /identify and implement

the improvements that were needed for the HR practices and procedures.

Our Approach

To better understand the business's goals in the short, medium, and long terms as well as the existing HR processes, we spoke with

the senior management team.

We looked at the problems they had with HR practices & policies due to which leadership was required to spend a huge amount of time handling/managing People and process issues.

Actions

• We identified the essential processes and policies that were required as a minimum and put these processes in place immediately to ensure smooth functioning &legal compliance and resolve the current issues

• Developed a detailed report highlighting the good areas and the areas of concern, including longer-term considerations to ensure that the business achieved its goals.

The report used a traffic light system:

1. Green to identify areas that were fit for the purpose

2. Amber indicated areas that would benefit the business if these actions took place

3. Red highlighted areas that required immediate attention.

Employment Law Training in India

Employment Law Training

To accomplish their duties well, today’s HR team and Business managers require a variety of training. One such training is labour and employment law training. Employers will benefit greatly from such training in terms of avoiding or at the very least minimizing legal exposure for employment-related disputes.

Such as

Basic labour and employment laws

Interviewing, selection and hiring

Discipline and discharge

Performance management

Documentation and record-keeping

Discrimination, harassment and retaliation

Attendance and leaves

Disabilities, pregnancy and religious beliefs

Safety and health

Electronic communications and employee privacy

Unionized workforce

Contract Labor deployment and Management.

Litigation Law in India

Litigation

While employment litigation was not particularly common a few years ago, the situation is rapidly changing in India. In employment lawsuit issues, we have represented a number of clients. Advising clients on litigation strategy, drafting and issuing legal notices, responding to legal notices, drafting claim documents, representing clients before labour courts and high courts, and coordinating with local counsel to pursue litigation in the appropriate courts across India are all part of our services.

Litigation and ADR

Corporate litigation differs from most other forms of lawsuits in that it is a risky venture. Corporate litigation is more than just a case of one company suing another. It also encompasses any legal processes involving a firm or corporation, as well as efforts used to avoid litigation as well as litigating and resolving commercial disputes.

We offer a well-developed Litigation and ADR Practice Group with seasoned management and o associates and litigators that aid clients with strategic decision-making in litigation and ADR cases. The skilled attorneys with in-house advocacy knowledge serve clients in a variety of forums across the country, including the Hon’ble Supreme Court of India, several High Courts, and Tribunals.

We have gained an in-depth understanding of many law topics as a result of our experience across various practice groups. Commercial disputes, recovery processes, and property disputes are the emphasis of the Practice Group. Our extensive expertise has allowed us to obtain a thorough understanding of a variety of legal issues. Commercial disputes, recovery processes, property disputes, violation of intellectual property rights, constitutional issues, service issues, banking claims, insolvency, white-collar crimes, and other conflicts.

Startup and Contract Management in India

Startup and Contract Management

Contracts are the foundation of any business. A contract is necessary to ensure the successful completion of the task and is an excellent mechanism to secure redress if the work is not completed. For business owners, having a basic understanding of the different facets of contract administration can be useful.

According to the Indian Contract Act, of 1872, all agreements are considered contracts if they are freely entered into by parties who are legally able to do so, are formed for a legal consideration with a legal purpose, and are not specifically stated to be void.

Employee contracts are among the most important things to consider when beginning a business. In the beginning, founders frequently worked together with their own circle of reliable friends. While this ensures a certain level of ease and efficiency for business operations, it is always advisable to outline and formalize employee contracts with information about salary, the scope of work, and stock options (if any) with even your first few employees. Startups can lower their risks later on by having this clarity from the start.

Startups frequently employ contract employees and suppliers in their early stages of operation, and having a strong contract management system will guarantee that the necessary safeguards are in place to ensure that necessary work is completed on schedule.

NDAs are a crucial contract that entrepreneurs may find advantageous to have. Startups frequently succeed in a crowded market with intense competition, and they regularly debate ideas with a wide range of people, including possible investors, employees, and customers.

Although this is crucial for the expansion of the company, it exposes fledgling businesses to dangers including the theft of ideas and other confidential business data. Ideas that may have been offered in good faith could be misused and work against the interests of the company.

Nondisclosure agreements, also known as NDAs, must be created and used by startups when sharing sensitive company information with anyone outside the organization to prevent such situations.

Startup and Protection of Intellectual Property

Startups can leverage the 'Scheme for Startups Intellectual Property Protection(SIPP) under the Startup India initiative. Code, algorithms and research findings are some of the most common intellectual property owned by organizations.

The scheme was set up to nurture and mentor innovative and emerging technologies among startups and help in the protection and commercialization of intellectual property. For the effective implementation of the scheme, facilitators have been empanelled by the Controller General of Patents, Trademarks and Design.

Start-up and contract management

Contracts are the foundation of any business. A contract is necessary to ensure the successful completion of the task and is an excellent mechanism to secure redress in the event that the work is not completed. For business owners, having a basic understanding of the different facets of contract administration can be useful.

One of the most important things to consider when beginning a business is employee contracts. In the beginning, founders frequently worked together with their own circle of reliable friends. While this ensures a certain level of ease and efficiency for business operations, it is always advisable to outline and formalize employee contracts with information about salary, the scope of work, and stock options (if any) with even your first few employees. Startups can lower their risks later on by having this clarity from the start.

Nondisclosure agreements, also known as NDAs, must be created and used by startups when sharing sensitive company information with anyone outside the organization in order to prevent such situations.

Start-up and Labour Laws

Startup and Labour Law

When you are established as a company, you are subject to several labour laws regardless of the size of the organization. Adhering to labour laws is integral to every organization, small or big.

Laws with regard to minimum wages, gratuity, PF payment, weekly holidays, maternity benefits, sexual harassment, and payment of bonuses among others will need to be complied with.

With regards to labour laws, startups registered under the Startup India initiative can complete a self-declaration (for nine labour laws) within one year from the date of incorporation in order and get an exemption from labour inspection. The nine labour laws applicable under this scheme are:

• The Industrial Disputes Act, of 1947

• The Trade Unit Act, of 1926

• Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996

• The Industrial Employment (Standing Orders) Act, 1946

• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

• The Payment of Gratuity Act, 1972

• The Contract Labour (Regulation and Abolition) Act, 1970

• The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

• The Employees’ State Insurance Act, 1948.

Startups under this scheme will have to file a self-certified return for the second and third years in order to continue with the exemption. Having a well-designed employee policy can be a major differentiator for startups. An attractive employee policy is a key to attracting and retaining good talent. Employee policies can also prove to be the starting point for boosting employee morale and increasing productivity.

Business license applications for Startup India

Startup Law in India

A licence is necessary to operate any kind of business. Several licences are applicable in India depending on the type and size of the business. The best method to launch a business is to be aware of the necessary licences and acquire them.

Unwanted legal disputes and expensive lawsuits may result from the absence of necessary licences. Business registration is the formal procedure of listing a business (together with pertinent information) with the official registrar. Business licences are the legal documents that permit a business to function.

The Shop and Establishment Act, which is applicable to all locations where trade, business, or profession is practiced, serves as the common licence for all enterprises. Additional business permits depend on the sector.

Startup and Labour Laws in India

Startup and Labour Laws in India

When you are established as a company, you are subject to several labour laws regardless of the size of the organization. Adhering to labour laws is integral to every organization, small or big.

Laws with regard to minimum wages, gratuity, PF payment, weekly holidays, maternity benefits, sexual harassment, and payment of bonuses among others will need to be complied with.

• The Industrial Disputes Act, of 1947

• The Trade Unit Act, of 1926

• Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996

• The Industrial Employment (Standing Orders) Act, 1946

• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

• The Payment of Gratuity Act, 1972

• The Contract Labour (Regulation and Abolition) Act, 1970

• The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

• The Employees’ State Insurance Act, 1948.

Posh Act Support - Kanchan Khatana and Associates

Posh Lawyer in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force on 9 December 2013. Kanchan Khatana & Associates has a dedicated sub-vertical POSH ADVO that helps you become compliant with the various mandates under the prevailing law, whereby we provide policy, training and inquiry support in case of a sexual harassment complaint.

This includes :

Acting as External Member on the Internal Committee (IC) and support in driving investigation and documentation of cases

Consultation and Advisory

Organize Mandatory Training

File Annual Returns for the Company

Employment Policy Design in India - Kanchan Khatana

Employment Policy Design in India

Employment / HR policies provide written guidance for employees and managers on how to handle a range of employment issues. They play an important role in practically and effectively implementing an organization’s HR strategy. Human resources policies provide the necessary structure many businesses need to sustain the company’s productivity and overall profitability. Our HR policy design services is responsible to review existing policies, identifying gap areas, design policies, programs, and initiatives aligned to HR strategy, the Company’s Value, Vision, Business requirement and law of land.

We design policies for the complete life cycle of the employee in an organization. Covering areas from Talent Acquisition, Talent Management, Total Rewards and Wellness (. Employee Benefits & Compensation Structuring, Employee Stock Options & Share Plans), Employee Relations, Talent Development, Health and Safety, Administration, Diversity and Inclusion, Code of conduct, Employee Participation, Employee Separation policies (including VRS), Communication policies including social media etc.

This includes the following Stages :

HR Policy Current Stage Audit

Risk and Gap Identification

Identify Policies required based on business requirements and the law of land.

Advisory on identified policies

Provide Required Support w.r.t Industry Insights (without client details) and Best Practices

Drafting, Implementation, Roll out and Communication plan to support.

Employment Strategy in India - Kanchan Khatana and Associates

Best Employment Lawyer in India

We help clients in developing and implementing a comprehensive employment strategy and models in line with the Legal Framework of the Country. Our team conduct’s an in-depth study of your business model and suggests best suited Legal framework/model to onboard and retain talent to ensure your business objectives are met with complete compliance and at the least cost. We help design the employment model and also support documentation and compliances for the same.

We draft and review employment agreements such as offer letters and employment agreements, confidentiality agreements, IP assignment agreements, non-compete and non-solicit agreements, training bonds, consultancy agreements, secondment and deputation agreements, severance and release agreements, Quit Claims and more to go with the framework you adopt.

We’ve effectively implemented industry best practices and tailored our services to our client's needs over the years.

Contact-Us

Address: Level 3, Augusta Point, Golf Course Rd, Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates

Employment Law Training

To accomplish their duties well, today’s HR teams and Business managers require a variety of training. One such training is labor and employment law training. Employers will benefit greatly from such training in terms of avoiding or at the very least minimizing legal exposure for employment-related disputes.

Such as

Basic labor and employment laws
Interviewing, selection and hiring
Discipline and discharge
Performance management
Documentation and record-keeping
Discrimination, harassment and retaliation
Attendance and leaves
Disabilities, pregnancy and religious beliefs
Safety and health
Electronic communications and employee privacy
Unionized workforce
Contract Labor deployment and Management

Contact-Us

Address: Level 3, Augusta Point, Golf Course Rd, Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates

Employment Lawyer in India

Best Employment Lawyer

We provide continued employment law advisory for our client organizations. Our specialized lawyers provide advice to our client's w.r.t Policy, Process, Organization restructuring, separation, Reduction in force and other critical decisions. We aim to provide advisory that shall avoid disputes. Also, we provide pre-litigation dispute resolution and defend clients in disputes with employees, unions, works councils and government agencies at tribunals and other platforms.

We advise our clients on the applicability of Labor / Employment laws, their obligations and compliances, and the consequences of non-compliance, as well as issues such as The Employees’ Compensation Act, The Trade Unions Act, The Payment of Wages Act, The Industrial Employment (Standing Orders) Act, The Industrial Disputes Act, The Minimum Wages Act ,The Employees’ State Insurance Act ,The Factories Act, The Plantation Labour Act, The Mines Act, The Employees’ Provident Funds and Miscellaneous Provisions Act, The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, The Working Journalists (Fixation of rates of Wages) Act, The Employment Exchange (Compulsory Notification of Vacancies) Act, The Motor Transport Workers Act, The Maternity Benefit Act, The Payment of Bonus Act, The Contract Labour (Regulation and Abolition) Act, The Payment of Gratuity Act, The Equal Remuneration Act, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, The Cine Workers Welfare Fund Act, The Dock Workers (Safety, Health and Welfare) Act, The Child and Adolescent Labour (Prohibition and Regulation) Act, The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, The Building and Other Construction Workers Welfare Cess Act, 1996, state-specific Shops & Establishments enactments, Transgender Persons (Protection of Rights) Act, and others, to name a few, are all applicable in India covering complete hire to retire cycle of employee.

Contact-Us

Address: Level 3, Augusta Point, Golf Course Rd, Parasnath Exotica, DLF Phase 5, Sector 53, Gurugram, Haryana 122002

Email: contact@kanchankhatanaandassociates.com

Phone: +91-9958484845

Website: Kanchan Khatana and Associates