Employment Contract Advice (India)

Employment agreements are central to your organisation. They shape the relationship between employer and employee. Our team can help with drafting, reviewing, and modifying these contracts. It is essential that your contracts align with your business needs, accurately represent day-to-day realities, and are enforceable under Indian law.

We have employment law specialists who support HR teams and business owners across India. We aim to provide balanced guidance to ensure that your employment contracts are fair, compliant, and robust.

How We Can Help

  • Advice on employment status (employee, consultant, contractor) under Indian labour and tax law
  • Drafting employment agreements and ensuring compliance with statutes like the Industrial Disputes Act, Shops & Establishments Acts, etc.
  • Drafting service contracts for directors and key personnel
  • Reviewing contract clauses—such as non-compete, confidentiality, garden leave, notice periods
  • Advising when and how to revise contracts in response to business changes
  • Assisting with communication of contract changes to employees
  • Guidance on termination, retrenchment, resignations, and best practices to limit legal risk
  • Tailored advice for hybrid and flexible working arrangements
  • Remedies for breach of contract and enforcement measures
  • Compliance with data protection, privacy, and confidentiality obligations
  • Guidance for non-standard working models, e.g. gig workers, freelancers, consultants
  • Advice on engagements with self-employed consultants or service providers, including tax and liability issues

Types of Employment Contracts — What to Include

You should maintain multiple contract templates depending on role, seniority, and function. For example, senior executives may need longer notice periods, more restrictive covenants, or performance-linked clauses, which may not be necessary for junior roles.

At a minimum, an employment agreement should include:

  • Names and addresses of employer and employee
  • Date of commencement
  • Designation, role, and duties
  • Place(s) of work
  • Working hours, leave, holidays
  • Compensation, benefits, bonuses
  • Notice period, termination terms
  • Confidentiality, intellectual property, non-compete or non-solicitation clauses (as permissible by Indian law)
  • Probation period (if any)
  • Grievance and dispute resolution mechanisms
  • Applicable laws and jurisdiction

A contract lacking key terms weakens enforceability and makes dispute resolution harder. Hence, contracts need to be drafted carefully and regularly updated to reflect legal, business, or operational changes.

How we work with you

We serve clients across India, from start-ups to established companies. Thanks to technology, we can deliver our services whether or not you are near our offices. We offer:

      • Consultations over phone or video
      • Face-to-face meetings where possible
      • Flexible communication based on what works best for you

Let’s begin with a discussion on how you prefer to engage and the best way for us to assist you.

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