1] The Industrial Disputes Act 1947, mandates a 30-90 day notice period when terminating ” workmen”. In the case of manufacturing units, plantations and mines with 100 or more workmen, “termination for convenience ” require government approval; in other sectors, it requires only government notification.
2] India’s Labor Laws cited the following reasons that justify termination for cause-wilful insubordinate or disobedience; theft fraud or Dishonesty , wilful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days, habitual late attendance, disorderly behaviour during working hours, or habitual negligence of work.
3] Employers that terminate for convenience must ensure that the last person to join the organization in the same role is first made redundant. It is an ideal practice that when such firms rehire for the same role, workmen who were terminated for convenience should be given the opportunity to rejoin the company.
4] In case of an employee being terminated in pregnant or seeking maternity leave, employers must balance their convenience against the risk associated with non-compliance with the provisions enshrined in the Maternity Benefit ( Ammendment ) Acr 2017.
5] Non-Compete agreements are not enforceable under Indian law, while non-solicitation clauses can be enforced only in limited ways.
6] The ‘work for hire’ principle applies under the Indian Copyright Regime; employees must thus provide formal assignments.
LABOUR LAW 