Labour and Employment Lawyers in Delhi
Employment disputes split by who you are. Workmen have access to Labour Courts and Industrial Tribunals; managerial employees are usually confined to civil suits or contractual remedies. Getting that classification right at the outset determines the entire strategy.
What we handle
- Wrongful termination and unlawful dismissal
- Unpaid salary, dues and full-and-final settlement
- Gratuity, provident fund and ESI claims
- Sexual harassment complaints and POSH proceedings
- Industrial disputes and conciliation
- Employment agreements, non-compete and notice period disputes
- Employer-side advice on disciplinary process and inquiries
Key facts
- Where heard
- Labour Courts and Industrial Tribunals in Delhi, Delhi High Court on writ, and civil courts for contractual claims
- Gratuity
- Payable under the Payment of Gratuity Act, 1972, generally after five years of continuous service, with a claim to the Controlling Authority where unpaid
- POSH
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — complaints to the Internal Committee, ordinarily within three months
- Note on statutes
- India's labour statutes have been consolidated into four labour codes; the applicable provisions should be confirmed for your specific facts and date of cause of action
How it works
- Classify the employmentWorkman or not, establishment covered or not, contract or statute. Everything follows from this.
- Preserve the recordAppointment letter, salary slips, appraisal records, termination communication, and the email trail. Employment cases turn on documents.
- Notice or conciliationDepending on the route, either a legal notice or a conciliation reference before the Labour Department.
- AdjudicationProceedings before the Labour Court, Tribunal, or civil court as applicable.
Common questions
I was terminated without notice. What are my options?
It depends on whether you qualify as a workman and what your contract says. A workman terminated without following due process has a remedy before the Labour Court including reinstatement and back wages. A managerial employee is generally limited to damages for breach of contract, typically notice pay.
My employer has not paid my full-and-final settlement.
A legal notice recovers a significant proportion of these without litigation. Where it does not, the route depends on the amount and your classification — Labour Court, a civil recovery suit, or a claim before the relevant statutory authority.
Is a non-compete clause enforceable in India?
Post-employment non-compete restrictions are generally unenforceable in India as a restraint of trade under Section 27 of the Indian Contract Act. Confidentiality and non-solicitation obligations stand on different and stronger footing.
Speak to an advocate about this.
Send your documents on WhatsApp and get an assessment of your position, usually the same day.