Need Assistance with Employment Litigation?

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Employment disputes can be intricate and require skilled legal intervention. Our experienced legal team ensures comprehensive support to protect your workplace rights and resolve employment-related conflicts effectively.

Legal Assistance for Employment Litigation

Expert representation in wrongful termination, wage disputes, and contract violations.

Legal guidance on workplace discrimination and harassment claims under the Sexual Harassment Act.

Support for disputes related to wages, overtime, and other compensation-related issues.

Assistance with claims under the Industrial Disputes Act and Payment of Wages Act.

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Introduction to Employment Litigation in India

Employment litigation in India addresses disputes between employers and employees arising from various employment-related issues. This area of law is governed by multiple statutes such as the Industrial Disputes Act, 1947, the Payment of Wages Act, 1936, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and others aimed at protecting workers' rights and ensuring fair workplace practices. Employment litigation encompasses a range of claims, from wrongful termination and wage disputes to issues of workplace discrimination and harassment. These disputes are often resolved in labour courts, industrial tribunals, or civil courts depending on the specific nature of the claim.

Types of Employment Litigation:

Illegal/Wrongful Termination

Involves cases where an employee claims they were terminated in violation of employment laws or their employment contract.

Wages and Hour Disputes

Disputes related to unpaid wages, minimum wage violations, overtime pay, or other compensation-related issues.

Sexual Harassment

Claims related to sexual harassment at the workplace, covered by the Sexual Harassment of Women at Workplace Act, 2013.

Discrimination Claims

Cases where employees face discrimination based on gender, caste, religion, disability, or other protected characteristics.

Step-by-Step Procedure for Employment Litigation in India

1. Filing of Complaint

The aggrieved employee files a complaint with the appropriate authority, depending on the nature of the grievance. For example, discrimination or wage disputes may go to a labour court, while harassment complaints can be filed with the internal complaints committee or local complaints committee.

2. Preliminary Inquiry

In cases like sexual harassment, an internal complaints committee conducts a preliminary inquiry to assess the merits of the complaint. If the committee finds prima facie evidence of misconduct, it initiates a formal inquiry.

3. Conciliation and Mediation

For certain types of disputes (e.g., wrongful termination), parties may attempt conciliation through a conciliation officer, who acts as an intermediary to resolve the issue amicably. If conciliation fails, the matter may proceed to a formal hearing in a labour court or tribunal.

4. Filing Before Labour Court/Industrial Tribunal

If initial attempts at resolution fail, the matter may be filed before a labour court or industrial tribunal, where both parties present evidence, including witness testimony and documentation.

5. Evidence and Arguments

Both sides present their case, submitting relevant employment contracts, company policies, witness statements, or other evidence. The court or tribunal examines the evidence and cross-examines witnesses as part of the inquiry.

6. Judgment and Relief

Based on the evidence and arguments, the court or tribunal delivers a judgment, which may include:

  • Compensation
  • Reinstatement of employment
  • Other relief
7. Appeals

Either party may appeal the decision to a higher court if dissatisfied with the outcome, provided legal grounds for appeal exist.

At Advonet, we provide expert support of experienced lawyers to ensure that workplace rights are upheld, and employees have a legal recourse in cases of unfair treatment or rights violations. By maintaining workplace fairness, employment litigation contributes to a healthier work environment and a more equitable employment landscape.

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When you fill out the contact form, our team will promptly get in touch with you and connect you to the best lawyer in your city, ensuring that you receive top-tier legal support.

Step 1: Contact Confirmation

Once you submit the contact form, our team will immediately reach out to confirm your details and understand your case requirements.

Step 2: Lawyer Matching

Based on your case and location, we will match you with the best lawyer in your city who specializes in your legal needs.

Step 3: Receive Legal Support

Your assigned lawyer will provide expert legal advice and represent you throughout your case, ensuring your rights are protected.

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