Our office
Employment law in India has been consolidated into four Labour Codes, while disputes of government and public sector employees continue to be decided under service rules before tribunals and the High Court. Both employers and employees need advice on which regime applies before they act.
We advise and represent employers, employees, unions and public servants on employment contracts, termination, wages and benefits, industrial disputes, and service matters including promotion, seniority, disciplinary proceedings and pension.
What we handle
- Employment contracts, policies and HR documentation
- Termination, retrenchment and settlement
- Gratuity, wages, bonus and provident fund claims
- Industrial disputes before conciliation officers and labour courts
- Labour Code compliance for establishments
- Service matters of government employees: appointment, promotion, transfer, disciplinary proceedings and pension
- Writ petitions in service matters before the High Court
Frequently asked questions
Generally on completing five years of continuous service, payable on resignation, retirement, death or disablement. Under the Code on Social Security, fixed-term employees are entitled on completing one year. The amount is calculated on the last drawn wages and the number of completed years.
It depends on the employment contract, the employee's category and the size of the establishment. Most contracts require notice or pay in lieu of notice, and workers covered by industrial law are entitled to notice and retrenchment compensation. Termination for misconduct requires a fair inquiry.
After exhausting any departmental appeal, central government employees approach the Central Administrative Tribunal, which has a bench in Kolkata. Employees of the State and of public sector bodies approach the forum provided under their service rules or the High Court under Article 226.
This page describes the law and procedure generally applicable in West Bengal. It is not legal advice on any particular matter; every matter turns on its own facts.