| |
HUMAN RESOURCE LAW
International human resource practices are
firmly getting established in India. Employee benefits in the form of
employee stock options are commonly used as an employee incentive. Multinational
companies also provide such incentives to their employees worldwide including
the employees of their subsidiaries or branches in India. Indian corporate
sector has recognized the need of having comprehensive staff policy and
procedure manuals that contain policies on wide ranging issues including
non-discrimination, code of conduct for the employees, strict regulations
on insider trading, confidentiality, protection of the employer's intellectual
property, to name a few. The corporate sector needs to comply with Indian
labor law issues such as payment of bonus, super-annuation benefits, payment
of salary in the event of immediate termination. Obligations under tax
laws for deducting taxes on perquisites and salaries paid to employees
and compliance with foreign exchange regulations are other issues that
require compliance.
Our Human Resource Law practice focuses
on:
- Advising our clients on
all aspects of domestic or cross-border employee stock option plans
("ESOPs") and share purchase schemes · Assisting our clients to structure
such plans keeping in view Indian applicable laws, such as tax laws,
labor laws, foreign exchange laws and even guidelines issues by The
Securities Exchange Board of India ("Sebi")
- Reviewing cross-border plans to ensure
that these are in compliance with all Indian regulations
- Advising our clients on the tax incidence
arising in the hands of their employees in relation to the respective
incentive schemes and the withholding tax obligations in the hands
of the employer
- Assisting our clients in filing of
the stock option/share purchase plans with the relevant regulatory
authorities and obtaining the clearance from such authorities
- Advising our Indian clients on the
exchange control and tax implications in India arising on issue of
ADR/GDR linked stock options to their Indian employees
- Advising our clients on structuring
a tax efficient compensation package, including stock options/share
purchase plans
- Structuring of the assumption of stock
options (as part of an M&A transaction)
- Drafting comprehensive staff policy
and procedure manuals for our clients or reviewing such manuals.
- Drafting employment contracts incorporating
suitable provisions for intellectual property and non-competition.
- Advising on applicability of various
labour laws in setting up operations in India.
- Advising on applicability of various
labour laws in merger, acquisition, transfer or sale of business undertaking
in India.
Our Research Papers:
Other allied material:
- Wanted
secret service, (Economic
Times, May 03, 2003)
- Welcome
to my parlour, (Economic Times, March 22, 2003)
- Dependent
Personal Services (This
article featured in the compilation of the papers for the Assocham International
Tax Conference held on April 24-25, 2003)
- Setting
the Standard. (Economic Times, October 05, 2002)
- ESOPs
Losing its appeal? (Economic Times, September 15, 2001)
- Of
hitches and glitches (Economic Times, June 03, 2000)
Contact details: For further information
and / or suggestions, please contact Vikram Shroff / Parul Jain
Email: vikram@nishithdesai.com
/ parul@nishithdesai.com
|