India: Employment and HR

An employee stops coming to work, without notice and without explanation, and days turn into weeks. The employer treats the relationship as over. The employee, when he resurfaces, says he was dismissed unfairly. The question before Courts in that moment is stark: did the employee walk away, or was this a dismissal in disguise? This is one of the most heavily litigated issues in Indian employment law, because the answer decides whether the employer must comply with retrenchment safeguards or whether the separation falls outside the statutory framework altogether.

Non-compete, non-solicitation, confidentiality and garden leave provisions are commonly incorporated into employment agreements to protect an employer’s business interests when an employee leaves the organisation. However, the enforceability of such restrictive cove

The Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) marks a significant shift in the legal framework governing the employment of women during night hours. Section 43 of the OSH Code, which has been in force since November 21, 2025, permits women to be employed in all establishments and for all types of work, including before 6:00 a.m. and beyond 7:00 p.m., with their consent and subject to prescribed conditions relating to safety, holidays, working hours and other requirements.