Labour law advisory for the decisions you cannot take back
Terminating a permanent workman, replying to a PF dues notice, restructuring a plant, handling a union charter of demands — these are decisions where the sequence matters as much as the outcome. We give a written position, draft the documents, and sit in the room when it is time to negotiate.
Headcount, states and current setup. We aim to send a costed proposal within one working day.
Where employers usually need this
Advisory is not general training. It is a specific decision with a legal consequence, taken under time pressure, usually in a plant.
- ✓Disciplinary action: charge sheet, domestic enquiry, enquiry officer, punishment order
- ✓Termination, dismissal and abandonment-of-service matters
- ✓Union charter of demands, long-term settlements, conciliation before the labour officer
- ✓Standing orders certification and amendment under the IR Code
- ✓Retrenchment, lay-off and closure under Chapter X of the IR Code, with permissions
- ✓Contract labour restructuring and core-activity exposure under the OSH Code
- ✓PF and ESI dues proceedings under the Code on Social Security, and OSH Code inspection notices
- ✓POSH enquiry constitution and external member support
Most labour disputes are lost on procedure, not on merit
The worker was genuinely at fault. The dismissal still gets set aside with back wages because the charge sheet was vague or the enquiry was not conducted properly.
A verbal termination, a backdated letter, an enquiry with no enquiry officer. Every one of these hands the case to the other side at the tribunal.
Plus interim relief during proceedings, plus the precedent it sets on your own shop floor for the next ten disciplinary matters.
A written opinion on options and exposure, the charge sheet and enquiry drafted properly, the enquiry conducted independently, and the order written so it survives scrutiny.
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Opinions, representation, restructuring
Advisory runs as a monthly retainer with an included matter volume, or per matter for one-off issues like an enquiry or a closure plan.
Verbal advice is worthless when the matter reaches a tribunal three years later.
The rules that changed for disputes, discipline and restructuring
The Industrial Relations Code replaced the Industrial Disputes Act, the Industrial Employment (Standing Orders) Act and the Trade Unions Act from 21 November 2025, and its Central rules were notified in May 2026. Advice written against the old Acts can now be wrong on thresholds, notice and cost. The changes we are asked about most:
| Question | Before (old Acts) | Now (IR Code) |
|---|---|---|
| When is government permission needed for lay-off, retrenchment or closure? | Industrial establishments with 100 or more workmen (Chapter VB) | 300 or more workers (Chapter X, s.77); the government can raise the number further |
| When are certified standing orders required? | 100 or more workmen (lower in some States) | 300 or more workers (s.28); model standing orders apply until yours are certified |
| What does retrenchment cost? | One month's notice or pay, plus 15 days' average pay per completed year | Same compensation and notice (s.70), plus 15 days' last drawn wages per retrenched worker to the Worker Re-skilling Fund (s.83) |
| When can workers strike? | Advance notice required mainly in public utility services | 60 days' notice for every industrial establishment; no strike within 14 days of notice or during conciliation (s.62) |
| Fixed-term employment | Recognised only through standing-order amendments | A statutory category (s.2(o)): same hours, wages and benefits as permanent staff; gratuity after one year under the Code on Social Security |
| Who counts as a worker? | Supervisors earning above ₹10,000 excluded | Supervisors earning above ₹18,000 a month excluded (s.2(zr)) |
| Union recognition | No central rule | A union with 51% membership is the sole negotiating union; otherwise a negotiating council (s.14) |
States can vary some thresholds by their own rules, and several States are still finalising them. Every opinion we write states the Code section and the State rule set it relies on.
Pre-decision checklists for the two matters that go wrong most
Most reinstatement orders turn on procedure. These are the points we check before a termination or a retrenchment is executed — not after a claim is filed.
Dismissal for misconduct
- ✓Misconduct is listed in your standing orders or service rules
- ✓Charge sheet is specific: date, act, witnesses, rule breached
- ✓Reasonable time to reply; suspension allowance paid if suspended
- ✓Independent enquiry officer; the worker may bring a co-worker as representative
- ✓Evidence led in the worker's presence, with right to cross-examine
- ✓Reasoned findings shared before the punishment is decided
- ✓Punishment proportionate to the misconduct and past record
Retrenchment
- ✓Headcount checked against the 300-worker permission threshold, and your State's figure
- ✓Last-come-first-go within the category, or recorded reasons for departing from it
- ✓One month's notice or wages in lieu; compensation computed per completed year
- ✓15 days' wages per worker remitted to the Worker Re-skilling Fund
- ✓Dues settled within two working days under the Code on Wages; gratuity within 30 days
- ✓Preference for re-employment recorded for retrenched workers
- ✓Fixed-term expiries separated from retrenchment — they are not the same thing
What a transition review covers
Many employers moved payroll to the new wage definition in 2025 and stopped there. The Codes touch far more documents than the salary structure. A transition review goes through them in one pass:
Pay structure
Wages tested against the 50% rule; impact on PF, gratuity, bonus and take-home modelled before any change is announced.
Appointment letters and contracts
Appointment letters with the particulars the OSH Code requires; fixed-term contracts aligned to parity and gratuity rules.
Standing orders and service rules
Updated to the IR Code and model standing orders, including misconduct lists, suspension and grievance procedure.
Contractor agreements
Re-papered from the CLRA to the OSH Code: licence, wage liability, welfare facilities, audit rights. See the contractor compliance audit.
Working hours and women's night work
Shift patterns, overtime at twice the ordinary rate, and consent and safety arrangements for women working night shifts.
Registers, returns and registrations
Moved to the single registration and electronic returns — run monthly through our statutory compliance service.
From the first call to a closed file
Every matter follows the same five steps, whether it is a single show-cause notice or a plant restructuring.
Intake
Facts, deadlines and documents collected; any statutory time limit identified first.
Written position
Options ranked by exposure and time, with the Code section, State rule and relevant case law cited.
Drafting
Charge sheets, notices, replies, settlement terms or restructuring papers drafted for your signature.
In the room
Enquiry conducted, conciliation attended, or an advocate briefed where the matter needs representation on record.
File note
What was decided, why, and what to do differently next time — so the next matter starts from a precedent.
Questions buyers ask before signing
Answers we give in the first call, written down so you can compare vendors on the same terms.
Get a quote →What does labour law advisory cost?+
Either a monthly retainer that includes a set volume of opinions and calls, or a per-matter fee for defined work such as conducting a domestic enquiry, drafting a settlement or preparing a retrenchment plan.
Do you appear before industrial tribunals?+
We support employers in conciliation and in EPFO and ESIC proceedings, and we help you brief an independent advocate for matters that go to an industrial tribunal.
Can you conduct a domestic enquiry for us?+
Yes. An external enquiry officer is usually the safer route, because independence is one of the first things challenged. We draft the charge sheet, conduct the enquiry and submit findings; the punishment decision stays with you.
How fast can we get an opinion?+
We aim for forty-eight hours on most matters, faster when a statutory deadline or an ongoing incident forces it. Complex restructuring questions take longer because the state-specific permission route has to be checked.
Is this legal representation or consulting?+
Advisory and compliance consulting, with an independent advocate brought in for litigation. Where a matter needs a lawyer on record, we say so rather than stretching the engagement.
Do the Labour Codes change the rules on retrenchment and closure?+
Yes. Under the Industrial Relations Code, prior government permission for lay-off, retrenchment and closure applies to industrial establishments with 300 or more workers, up from 100 under the Industrial Disputes Act. Retrenched workers also get 15 days' last drawn wages through the Worker Re-skilling Fund, in addition to retrenchment compensation.
Is a domestic enquiry mandatory before dismissing a worker for misconduct?+
For misconduct-based dismissal, a fair domestic enquiry following natural justice is what tribunals look for; without one, the employer has to prove the misconduct afresh before the tribunal and risks reinstatement with back wages. It is almost always the safer route.
What is the Worker Re-skilling Fund?+
A fund set up under section 83 of the Industrial Relations Code. For every worker retrenched, the employer contributes an amount equal to 15 days' last drawn wages, which is credited to the worker to support re-skilling.
Are supervisors and managers covered by the Industrial Relations Code?+
Managerial and administrative staff are excluded from the definition of worker, and so are supervisors earning more than ₹18,000 a month. Their exits are governed mainly by their contracts and the State Shops and Establishments Act.
Do not act before you have the position in writing
Describe the matter in three lines. We will tell you the options, the exposure and what has to happen first.