Editorial
Knowledge, Plainly Written
Long-form notes on the questions our individual and NRI clients ask most often. Written so you can decide whether you need a lawyer at all, and what to ask if you do.
What are an employee's rights during disciplinary proceedings?
Understanding Your Rights in Employee Disciplinary Proceedings in India Receiving a notice from your employer about alleged misconduct can be one of the most stressful moments in your career. Whether it's an email arriving on a Friday evening or a formal letter handed to you by HR, the uncertainty that follows is overwhelming. What exactly are you accused of? What happens next? Most importantly, what are your rights? Employee disciplinary proceedings affect thousands of…
Read article · 24 min →Are non-solicitation clauses enforceable in India?
What Is a Non-Solicitation Clause? A non-solicitation clause is a provision in your employment contract that restricts you from engaging in specific activities after leaving the company. Typically, it prevents you from: Approaching or recruiting current employees of your former employer (employee poaching) Soliciting or doing business with the company's clients or customers Using the company's confidential client lists or internal business information This clause is…
18 min read →What are the rights of employees during layoffs and retrenchment?
Understanding Retrenchment Under Labour Laws: Employee Rights During Layoffs in India Imagine waking up one morning to find an email that says: "Your services are no longer required." Your world collapses. The EMI on your home, your child's school fees, your monthly expenses all flash before your eyes. You wonder: Is this even legal? Can my employer just terminate me without notice? Am I entitled to any money? If you've ever been in this situation, or fear you might be,…
18 min read →What legal remedies are available for wrongful termination?
What is Wrongful Termination and Why Does It Matter in India? Imagine waking up one morning to an email that says your services are no longer required, effective immediately. No warning, no explanation, no severance. Your salary stops, your reputation feels damaged, and you are left wondering: Was this even legal? Wrongful termination happens more often than you think in India. Whether you work in a startup, a multinational corporation, or a small business, termination…
23 min read →What compensation is payable in cases of retrenchment?
What Is Retrenchment Under Indian Law? Retrenchment is defined under Section 2(oo) of the Industrial Disputes Act, 1947 . It means the termination by the employer of the service of a workman for any reason whatsoever, except voluntary retirement or resignation, superannuation (retirement on reaching age limit), non-renewal of an employment contract, continued ill-health, or termination as punishment for misconduct. If your job ends for business reasons such as closure of a…
17 min read →Can employers recover damages from employees for breach of employment contracts?
What Is a Breach of Employment Contract? A breach of employment contract occurs when either party fails to perform obligations agreed upon in the employment agreement. Employment contracts in India are governed by the Indian Contract Act, 1872 . Under Section 73 of the Act, when a contract is broken, the party who suffers loss is entitled to receive compensation from the party who breached the contract. In employment relationships, common breaches by employees include:…
16 min read →What is a domestic inquiry and when is it mandatory?
What is a Domestic Inquiry in Employment Law and When is it Mandatory? Imagine receiving a letter at work accusing you of misconduct. Before you can explain yourself, you are suspended or even terminated. You wonder: "Did my employer have the legal right to act without hearing my side?" Or consider an employer dealing with repeated violations by an employee: how should disciplinary action be lawfully initiated without risking a labour laws violation? This confusion centres…
18 min read →Are non-compete clauses enforceable in India?
What Is a Non-Compete Clause India? A non-compete clause India is a restrictive covenant in an employment agreement that prevents an employee from working for a competitor or starting a competing business for a specified period after leaving the company. These clauses typically specify: Duration of restriction (6 months, 1 year, 2 years, etc.) Geographic area where the restriction applies Type of work or industry covered Penalty or damages if violated For example, a…
17 min read →Can an employee resign during disciplinary proceedings?
What Does It Mean to Resign During Disciplinary Proceedings? Resignation during disciplinary proceedings refers to an employee submitting a resignation letter after the employer has initiated a formal inquiry, investigation, or disciplinary action for alleged employment misconduct , policy violations, or performance failures. Disciplinary proceedings typically include: Issuance of a charge sheet or show-cause notice Internal inquiry or investigation by a disciplinary…
15 min read →What legal action can be taken for breach of confidentiality by employees?
What Is Employee Confidentiality Breach? Employee confidentiality breach occurs when an employee violates a legal or contractual obligation to protect confidential information acquired during employment. You trusted your employee with sensitive business information. Now, that same employee has shared your trade secrets with competitors, leaked private client data, or misused confidential documents. The breach is real. The damage is done. This includes unauthorized…
16 min read →Can an employee be terminated without notice in India?
Understanding Termination Without Notice in India Imagine arriving at work one morning, only to be called into a meeting and told your employment ends immediately. No explanation, no warning, no chance to collect your thoughts. Your access card stops working. Your desk is cleared by security. When you ask about your salary and final dues, you're told, "We'll get back to you." This scenario plays out daily across India. Thousands of employees face sudden termination without…
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