Management, Labour and Employment

Representative Matters

• Platinum Equity: Advised in the divestment of portfolio company Ingram Micro’s commerce and lifestyle services (CLS) business to CMA CGM, in the India leg of the transaction.
• Olam International (global agri-conglomerate): Advised on the reorganisation of its Indian business (of over USD 100 million. turnover) into distinct operating groups focusing on food ingredients and global agri-business, to unlock stake-holder value ahead of going public.
• Baker Hughes: Representing in its Joint Venture with Norwegian Akastor, bringing together Baker Hughes’ Subsea Drilling Systems business with Akastor’s wholly-owned subsidiary, MHWirth AS. The team was involved in the review of the transaction from an Indian employment law perspective, structuring the transfer of Indian employees, and advising on issues relating to employee transfers.
• Emerson: Advised on their Joint Venture with US-listed AspenTech, and contribution of 3 Emerson businesses to the JV. The work involved advising and structuring the transfer of Indian employees to the JV perimeter, reverse diligence of the Indian entity from an employment law perspective, and employment diligence of the proposed target.
• Red Hat Inc.: The Firm advised Red Hat, Inc. on Indian employment law issues in connection with its acquisition by IBM. This included advising on whether any consultation with Red Hat’s employees and representative bodies about the transaction was required, and on continuing certain employee benefits.
• Ernst & Young U.S. LLP: The Firm carried out an employment diligence of Pangea3 India (in the context of EY’s acquisition of its legal managed services business). We also reviewed of transaction documentation, assisted in preparation of employee transfer documentation, and advised on harmonization of employee benefits.
• SS&C Technologies Holdings: The Firm represented SS&C Technologies Holdings, Inc. in its acquisition of certain Algorithmics and related assets from IBM. The work involved review of transaction of documentation from an Indian employment law perspective, preparing employee transfer documentation, and diligence of the target from an employment law perspective.
• The We Company: Advised The We Company on the treatment of stock incentives held by its Indian employees, in connection with Softbank’s tender offer for shares of The We Company.
• Andrews Corporation: The Firm has been engaged by Andrews to render advice on all employment related issues. We have been advising Andrews on issues in relation to disciplinary hearings, employee dereliction of duty, employee benefit legislations, manpower service agreements and employee terminations.
• Associated Press: The Firm has been advising AP on issues in relation to termination of employees, redundancy issues, employee performance issues, documentation of employee contracts and employment law compliances, amongst others.
• Bilfinger: The Firm advised Bilfinger on the potential risks and liability, from an Indian law perspective, in relation to the contract workers of its subcontractors working on various infrastructure projects awarded to Bilfinger.
• Bill and Melinda Gates Foundation: The Firm has been advising Gates Foundation on various issues pertaining to joint employment risk under Contract Labour Act. Additionally, the Firm is involved in advising the Foundation on day to day HR related issues including but not limited to dispensing services of an employee, drafting of various employment agreement and policies.
• Cairn Energy India Private Limited: The Firm has been advising Cairn India on employee benefit legislations applicable to foreigners in India, employment legislations applicable to building construction workers in relation to Cairn oil fields and pipelines, regimes governing transportation of petroleum and other industrial legislation requirements in the oil and gas sector.
• Carnation Auto India Private Limited: The Firm has been advising Carnation on documentation of employment contracts, contract labour issues and employee benefit legislations.
• Chicago Mercantile Exchange (CME) Group: Advising CME on an on-going basis in relation to establishment of its Indian subsidiary (expected to house over 200 employees for undertaking its IT support operations in India) on preparation and execution of standard employment contracts for a large number of employees, deputation of senior management from the US parent, establishing their employment handbook and policies (including harassment policies and content for sensitization workshops in accordance with Indian sexual harassment laws); and advising on several Indian law issues including, statutory benefit payments, work hours, overtime, leave.
• COLT Technology Services India Private Limited: The Firm assisted COLT Technology Services India Pvt. Ltd, a BPO subsidiary of a multinational in obtaining registration under the Shops and Establishment Act and various other state specific employment and service law compliances, and advising on and drafting the superannuation fund scheme, provident fund scheme, the employee handbook, employment agreements, code of conduct, policy to prevent sexual harassment, the employment agreements. The Firm has also been rendering advice to COLT on several other issues including trainee agreements, bonus policies, contract employment issues, probation issues, amongst others.
• DLF Group: The Firm has been involved in advising the DLF group in relation to hiring of senior executives, structuring tax efficient compensation packages and on the employee stock option scheme.
• DRA Global: The Firm assisted DRA Global with closure of its India offices, and termination of the services of all its Indian employees. The Firm assisted DRA with drawing up and preparation of employees’ severance documents and their severance dues and packages.
• DST Systems: The Firm advises DST on an ongoing basis on various employment matters in relation to their Indian subsidiary, including on compliance with Indian labour laws, quantifying risks of non-compliance, and recommending mitigation measures, harmonization of employment policies, and advising on employee terminations/restructuring at all levels.
• Emerson Electric Company: The Firm advised and assisted Emerson in tackling the Indian employment related issues arising during various transactions, with Emerson both on the buy side and sell side (such as the carve-out of the Emerson’s inter-metro business in India, acquisition of the Tools & Test Equipment Business and employees of Textron group, and sale of its motors, drives, and electric power generation businesses to Nidec Corporation) which included advising on the mechanics for transfer of employees, consultation requirements with the unions in light of ongoing union settlements with Emerson, and on mitigating risks arising out of potential claims for regularisation of employment by contract labourers.
• ExlServices.com (India) Private Limited: The Firm assisted ExlServices.com (India) Private Limited (“Exl India”) on its entry strategy in India and in setting up of its 100% Export Oriented Unit (EOU) in India under the Software Technology Park of India (STPI) Scheme. An HR audit was conducted by the Firm for Exl India and a comprehensive HR audit report was prepared. This audit process included advice on the procedure of transfer for existing employees to their subsidiary and assistance on their day-to-day operational issues (such as, resignation, termination, abandonment, transfer, etc.). Additionally, the Firm continues to assist Exl India in its day-to-day legal operational issues, compliance issues, governance issues, obtaining of the requisite permissions from the various regulatory authorities, employment issues, as well as issues relating to intellectual property rights. The Firm has also been involved in, inter-alia, the finalization of the master service agreements, the customer contracts, the loan agreements, supply contracts, consultancy agreements, etc.
• Fidelity Business Services India Private Limited: The Firm has been advising the Fidelity group on various employee/ service law compliance issues, and assisting them on day to day operational issues (such as resignation, termination, abandonment, retrenchment, etc.) and in obtaining registration under the Shops and Establishment Act, Contract Labour Act, Inter-State Migrant Workmen Act, Employee State Insurance Act, etc. The Firm has also been involved in advising on and drafting the superannuation fund scheme, provident fund scheme, the employee rules and regulations, code of conduct, policy to prevent sexual harassment, employment agreements, trainee agreements, confidentiality agreements, and opining on issues pertaining to closure, lay off and transfer of employees for the Fidelity Group. The Firm is also involved in conducting regular corporate and employment audits of Fidelity to ensure due compliances by the company. The Firm has also been advising the Fidelity Group in relation to a criminal complaint filed by an ex-employee.
• Formica Limited: The Firm has been advising Formica on establishing presence in India and related employment law issues including documentation of consultancy and employment agreements and advice on termination of employees.
• Hyatt: The Firm advised Hyatt on issues in relation to recruitment and appointment of personnel in India and collective bargaining and settlement agreements.
• ICU Medical: The Firm advised on ICU Medical’s acquisition of Hospira Infusion Systems Business from Pfizer Inc, which included advising on structuring and effecting the transfers of Hospira’s Indian employees, assisting with the preparation and execution of employment contracts for the transferring employees as well as new joiners, and preparation of the employee handbook dealing with various employment policies and procedures.
• Intel Technology India Private Limited: The Firm has been involved in advising Intel Technology on various employee / service law compliance issues, assisting them on day to day operational issues and in obtaining registration under the Shops and Establishment Act, compliances under Contract Labour Act, Inter-State Migrant Workmen Act, Employee State Insurance Act, etc. Also advised Intel in connection with the drafting of employee rules and regulations, code of conduct, policy to prevent sexual harassment. The Firm also conducted an HR audit for Intel and prepared a comprehensive HR audit report for them. In addition, the Firm has also been advising Intel on the drafting of employment agreements, service bonds, trainee agreements, confidentiality agreements, and opining on issues pertaining to enforceability of service bonds, ESOPs, non-solicitation and non-compete agreements, non-disclosure agreements, etc. The Firm is also currently handling several employees related litigations on behalf of Intel.
• IRunway: The Firm has been continuously advising UnitedLex on various employment issues and POSH related advisory. Additionally, the Firm has also advised the Client in connection with the drafting of employee rules and regulations, code of conduct policies and POSH Policies.
• LexisNexis: The Firm advised LexisNexis on the processes involved in shutting down certain offices of the company and retrenchment of employees and moving employees to other locations. The Firm is also involved in advising Reed Elsevier Group companies on employee related issues arising in their various subordinate offices in India including in relation to employee redundancies.
• Lockheed Martin: The Firm advised Lockheed Martin on the compliances required for setting up offices in India, including drafting and negotiation of employment contracts.
• Lufthansa German Airlines: The Firm was involved in the serving of legal notices to employees indulging in activities in breach of confidentiality obligations. The Firm was also involved in the drafting and vetting of employment contracts and advising Lufthansa in relation to the compliances required for shifting offices to a different location in India. The Firm is also currently handling certain employee related litigations on behalf of Lufthansa.
• Mapletree Investments Private Limited: The Firm rendered exhaustive advice to Mapletree Investments on all applicable employment law compliances and consequence of noncompliance.
• Marlin Equity Partners: In connection with the acquisition by Marlin Equity Partners of the shares of the Indian subsidiary of MDeverywhere Inc., the Firm advised Marlin Equity Partners in relation to the necessity of including certain clauses in the transaction documentation from the perspective of compliance with Indian employment laws and to ensure that the acquisition of the Indian subsidiary did not trigger any severance payments or expose Marlin Equity Partners to any employee claims in the future on the basis of this transaction.
• Matrix: The Firm was involved in advising Matrix in relation to its schemes for bonus and gratuity, including issues of corporate liability in a situation where the employment term is terminated prior to bonus due date.
• McAfee Inc.: In connection with the acquisition by McAfee Inc. of Secure Computing Corporation, the Firm advised McAfee on the manner in which the employees of Secure Computing Corporation’s subsidiary in India could be transferred to McAfee without triggering any severance payments. The advice rendered by the Firm followed a detailed analysis of Indian employment laws to ensure that the transfer mechanism which was incorporated in the transaction documents was fully compliant with Indian laws and did not expose McAfee to any subsequent claims by the employees arising as a result of such transfer.
• Metlife India Insurance Company Private Limited: The Firm advised Metlife India on the bonus policy of the company. The Firm was also retained by the Company to advice and handle a litigation by an ex-employee before the Labour Commissioner, Kolkata.
• Moser Baer: The Firm advised Moser Baer in relation to its ESOPs, bonus scheme and retention packages apart from issues related to remuneration of employees and enforceability of non-compete and non-solicitation provisions.
• NTT Corp: The Firm advised Japan-based NTT Data Inc, on its purchase of Dell Inc.’s IT services arm, Dell Systems, which included advise on diligence and on the business transfer involving the transfer of over 7,000 employees, in accordance with Indian laws, requiring the maintenance of same benefits post the transition, followed by the homogenization of the Indian policies with NTT Data’s global policies (while ensuring continued compliance with Indian industrial employment laws) for over 13,000 employees. The Firm continues to advice NTT Corp on internal employee restructuring.
• Pay equity review for a US headquartered Insurance Company: The Firm advised a client on carrying out a pay equity review for its employees in India, and on compliance with the Equal Remuneration Act.
• Perot Systems TSI (India) Pvt. Ltd.: The Firm has been advising US based Perot Systems Corporation, a worldwide provider of information technology services and business solutions, on compliance and regulatory issues and implementation of various corporate actions, including issues related to change of management and employee stock options. The Firm successfully conducted an HR Audit for Perot and prepared a comprehensive HR Audit Report highlighting the existing non-compliances by the company as well as suggesting / advising on remedies for the same. The Firm is also advising on and drafting the employment agreements, service bonds, trainee agreements, confidentiality agreements, and opining on issues pertaining to enforceability of service bonds, ESOP, non-solicitation and non-compete agreements, non-disclosure agreements, etc.
• Sapient: The Firm was involved in the drafting and vetting of the company’s data privacy policy. The Firm has also rendered detailed advice on conditions of service including overtime and leave related issues.
• Sistema: The Firm advised Sistema on whether or not the company could terminate the employment of white collar employees or workmen after change of management pursuant to applicable employment legislations.
• TRX Inc.: The Firm assisted TRX Inc. in the drafting, negotiating and vetting of Master Service Agreements, apart from providing advice on employee dereliction of duty, contract labour issues, vetting and documentation of employment agreements and termination of employees for redundancies.
• UnitedHealth Group: The Firm conducted an HR audit for the UnitedHealth Group. The Firm has been involved in the drafting of employment agreements, service bonds, trainee agreements, confidentiality agreements, and opining on issues pertaining to enforceability of service bonds, ESOP, leaves, non-solicitation and non-compete agreements, non-disclosure agreements, etc. The Firm has been advising UnitedHealth Group on various employee / service law compliance issues, and assisting them on day to day operational issues (such as resignation, termination, abandonment, retrenchment etc.) and in obtaining registration under the Shops and Establishment Act, Contract Labour Act, Inter- State Migrant Workmen Act, Employee State Insurance Act, etc. The Firm is also advising them on and drafting the employee rules and regulations, code of conduct, and policy to prevent sexual harassment.
• UnitedLex: The Firm has been continuously advising UnitedLex on various employment issues and POSH related advisory. Additionally, the Firm has also advised the Client in connection with the drafting of employee rules and regulations, code of conduct policies and POSH Policies. The Firm is also currently handling several employees related litigations on behalf of Intel.
• Veritas Capital: The Firm advised Veritas on the employment issues arising out of Veritas’ acquisition of GE Intelligent Platforms (the embedded computing business of General Electric Co). which included advise on transfer of employees, establishing the employment contracts and policies for the transferred employees, and the practical and legal requirements to smoothly transfer accumulated benefits.
• VKarma Capital Limited: The Firm advised VKarma Capital on the manner of bifurcation of wages in relation to Employees Provident Fund Act, Employees State Insurance Act, Minimum Wages Act and associated issues.
• Wärtsilä: The Firm has advised Wärtsilä on the process for closure of its factory in Maharashtra, under various labour and employment laws.
• WeWork: The Firm advised WeWork on implementation of various types of equity award plans (including ESOPs, RSUs, PSUs, SARs) for their employees in India.
• Yahoo Inc.: The Firm advised Yahoo on employment law issues and vetting and documentation of employee confidentiality and intellectual property assignment agreements.
• ZS Associates: The Firm advised ZS Associates on vetting and documentation of employee policies and procedures. The Firm was also instrumental in documentation and negotiation of staffing agreements with third party vendors and contractors apart from providing other advice on restrictive covenants, compliances, employee benefits and employment agreements.