We advise foreign employers and their Indian subsidiaries on hiring, managing and exiting employees in India, and on aligning group policies with the four labour codes and the state laws that sit alongside them.
What we advise on
- Employment contracts, offer letters and policies for Indian entities
- Compliance under the Code on Wages, the Industrial Relations Code, the Code on Social Security and the Occupational Safety, Health and Working Conditions Code
- Expatriate deputation and secondment to and from India
- Employee stock options and cross-border incentive plans
- Employee transfers on acquisitions and business transfers
- Workplace investigations and the Prevention of Sexual Harassment framework
- Terminations, retrenchment and settlements
Key law and regulation
The four labour codes and the central and state rules under them. State Shops and Establishments Acts. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Frequently asked questions
Can a foreign company employ staff in India without an Indian entity?
Direct employment without a registered presence raises tax and permanent establishment risk. Most foreign companies either set up a subsidiary or use an employer of record arrangement, each with its own contractual and regulatory points.
Is a non-compete clause enforceable in India?
Restrictions that operate after employment ends are generally unenforceable under section 27 of the Indian Contract Act, 1872. Confidentiality and non-solicitation protections, carefully drafted, are the practical alternatives.