Author
Anshul Prakash is a Partner with the Employment, Labour and Benefits (ELB) Practice Group in the Mumbai office. He specialises in Employment and Labour laws and heads the Firm’s ELB Practice. Anshul has advised various prominent domestic and international clients on issues related to employment in respect of labour laws compliance, labour audits, transfer and relocation of employees pursuant to business transfers and asset sale and purchase, social security and employee incentive schemes, maternity benefits, drafting of employment contracts across levels including senior managerial personnel, human resource and personnel policy, worforce restructuring, hiring and termination of senior management, mid level and subordinate personnel, workers and labour union issues, outsourced worker issues, assistance on domestic enquiries and investigations and exit strategies including documentation, prevention of sexual and other forms of harassment at workplace, industrial safety and health policies, government inspections and representations before the relevant authorities.
it is important for employers to consider undertaking a subjective assessment of the specific nature of the employees’ duties and responsibilities to ascertain his ‘workman’ status and accordingly assess whether arbitration can be adopted as a dispute resolution mechanism.
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For now, employers not engaged in seasoned work may consider revisiting their practices to assess if their fixed-term employment engagement with their personnel commensurate with immediate/temporary business requirements.
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