In Short
Employment and labour law governs the employer-employee relationship — from hiring and contracts through termination and industrial disputes. Since April 2026, India's four consolidated Labour Codes (Wages, Industrial Relations, Social Security, and Occupational Safety) have replaced 29 earlier statutes. S&S Co. advises both employers on compliance and employees on wrongful termination, wage and gig-worker rights claims across Delhi NCR and Kolkata.
What This Practice Covers
Employment and labour law in India was, until recently, governed by nearly 30 separate central statutes covering wages, industrial disputes, social security and workplace safety. Following notification on 21 November 2025, the Code on Wages 2019, the Industrial Relations Code 2020, the Code on Social Security 2020 and the Occupational Safety, Health & Working Conditions Code 2020 came into full force from 1 April 2026, consolidating that framework into four Codes.
The new framework brings material changes: standardised payment-timeline rules across daily, weekly, fortnightly and monthly wage structures; for the first time, formal social security coverage extended to gig and platform workers; and revised procedures for industrial disputes, standing orders, and retrenchment. Employers in Noida, Delhi NCR and Kolkata must re-audit HR policies, wage structures and gig-worker engagement models against the new Codes, while employees gain clearer, consolidated statutory rights.
Forums We Appear Before
Industrial Tribunal / Labour Court — Delhi NCR
Industrial Tribunal / Labour Court — West Bengal
Delhi High Court — writ jurisdiction
Calcutta High Court — writ jurisdiction
Employees' Provident Fund Appellate Tribunal
Employees' State Insurance Court
Our Employment & Labour Services
- Labour Codes compliance audits — reviewing wage structures, standing orders and HR policy against the four consolidated Codes.
- Employment contract drafting — appointment letters, non-compete and confidentiality clauses, and termination provisions.
- Wrongful termination — representing employees challenging unlawful dismissal, and employers defending termination decisions.
- Industrial disputes — representation before Labour Courts and Industrial Tribunals in disputes over retrenchment, wages and working conditions.
- Gig and platform worker matters — advising on the new social security obligations toward gig and platform workers under the Social Security Code.
- POSH compliance — Internal Committee setup and workplace harassment inquiry advisory.
- Executive exits and severance — negotiating and documenting senior-level separations.
Resolving an Industrial Dispute
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Initial Assessment
We review the employment contract, HR policy, and the circumstances of the dispute — termination, wage claim, or working-condition grievance.
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Conciliation
Many industrial disputes require conciliation before a Labour Officer before proceeding further — we represent clients through this stage.
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Reference to Tribunal
Where conciliation fails, the dispute may be referred to a Labour Court or Industrial Tribunal for adjudication.
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Hearing & Evidence
We present evidence and arguments before the tribunal, whether defending a termination or pursuing reinstatement/compensation.
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Award & Enforcement
Once an award is passed, we advise on compliance or, if appealable, pursue further remedies before the High Court under writ jurisdiction.
Illustrative Scenarios
The following are hypothetical, illustrative scenarios prepared for educational purposes. They are not descriptions of actual client matters, and no outcome is guaranteed in any specific case.
Illustrative Scenario
Employer Auditing Gig-Worker Engagement in Noida After the Social Security Code
A logistics company engaging delivery riders through an app-based model needs to determine its obligations under the Social Security Code's new gig-worker provisions. A structured compliance audit — covering registration, contribution obligations and record-keeping — can bring the engagement model into compliance without disrupting operations.
Illustrative Scenario
Employee Challenging a Termination Without Due Process in Kolkata
An employee at a Kolkata manufacturing unit is terminated without the notice or inquiry process required under the applicable standing orders. A well-documented challenge before the Labour Court, grounded in the procedural lapse, can secure reinstatement or a negotiated settlement even where the underlying performance concerns are genuine.
Illustrative Scenario
Employer Restructuring After a Business Downturn in Noida
A Noida-based company needs to reduce headcount after a business downturn and must navigate retrenchment compensation and notice requirements under the Industrial Relations Code. Following the statutory retrenchment sequence precisely — last-in-first-out where applicable, proper notice, and correct compensation calculation — is essential to avoid the retrenchment being challenged as illegal.
Illustrative Scenario
Non-Compete Clause Challenged by a Departing Senior Employee in Kolkata
A senior employee leaving a Kolkata company to join a competitor challenges the enforceability of a broad non-compete clause in their employment contract. Indian courts have generally been reluctant to enforce post-employment non-compete restrictions as being in restraint of trade, making the drafting of narrower, confidentiality-focused protections a more durable strategy.
Notable Judgments
Ministry of Labour & EmploymentApr 1, 2026
Code on Wages, Industrial Relations Code, Social Security Code & OSH Code — Full Enforcement
India's Four New Labour Codes Come Into Full Force, Repealing 29 Central Labour Statutes
Following notification on 21 November 2025, the Code on Wages 2019, Code on Social Security 2020, Industrial Relations Code 2020 and Occupational Safety, Health & Working Conditions Code 2020 rolled out to full enforcement from 1 April 2026, consolidating 29 central labour statutes. The Social Security Code extends formal EPF/ESI-equivalent coverage to gig and platform workers for the first time, while the Wages Code fixes strict payment-timeline rules — same-day for daily wage workers, within two days of the fortnight for fortnightly-paid staff, and by the 7th of the following month for monthly-paid employees.
Key Takeaway — Employers across Delhi NCR and Kolkata must re-audit wage structures, aggregator/gig-worker engagement models and compliance registers against all four Codes — the transition period is over and enforcement is now live.
Supreme Court — 2026 INSC 523May 2, 2026
Sukhendu Bhattacharjee v. State of Assam
Arbitrary Denial of Regularisation to Similarly Situated Workers Violates Article 14
The Supreme Court reaffirmed the constitutional guarantee of equality, holding that the State of Assam could not arbitrarily deny regularisation benefits to a group of muster-roll and work-charged employees who were similarly situated to thousands of workers already regularised. Differential treatment among an otherwise homogenous class of long-serving employees was held to be unconstitutional.
Key Takeaway — Government and PSU employers must apply regularisation criteria uniformly across similarly placed employee classes — selective regularisation invites an Article 14 challenge.
Kerala High CourtApr 2026
M.K. Suresh Kumar v. Union of India — Challenge to the Four Labour Codes
Kerala HC Delivers First Reported High Court Ruling on the Four Labour Codes' Validity
In the first reported High Court judgment testing the constitutionality of the Labour Codes since their November 2025 implementation, the Kerala High Court applied the manifest-arbitrariness test from Shayara Bano v. Union of India in upholding aspects of the Codes' rule-making and inspection framework, while leaving the door open for further Supreme Court examination of the right-to-strike and inspection regime.
Key Takeaway — The ruling is expected to be appealed and is being read as a doctrinal floor for the anticipated consolidated Supreme Court challenge to the Labour Codes — employers should track this litigation closely.
Supreme Court — POSH Act2026
Vaneeta Patnaik v. Nirmal Kanti Chakrabarti & Ors.
Delayed POSH Complaints Are Time-Barred and Cannot Be Examined on Merits
The Supreme Court addressed the limitation period for filing complaints under the POSH Act, holding that a complaint filed well beyond the prescribed period was time-barred and could not be examined on merits — while directing, as a separate matter, that the judgment itself form a permanent part of the respondent's résumé.
Key Takeaway — Complainants and Internal Committees alike must be scrupulous about limitation timelines under the POSH Act — delay can extinguish an otherwise meritorious complaint at the threshold.
See all Legal Updates for this practice area →
Our Approach to Labour & Employment
- Both employer and employee-side experience — a realistic read on how tribunals actually assess these disputes.
- Current on the Labour Codes transition — we track the phased roll-out and interpretive guidance as it develops.
- Dual-city coverage — Delhi NCR and Kolkata tribunal representation from a single engagement.
- Founders with 20 years combined experience across commercial litigation, arbitration and regulatory practice.
Frequently Asked Questions
What are the new Labour Codes and when did they take effect?
The Code on Wages, Industrial Relations Code, Code on Social Security, and Occupational Safety, Health & Working Conditions Code were notified on 21 November 2025 and came into full force from 1 April 2026, replacing 29 earlier central labour statutes.
Are gig and platform workers now covered by labour law?
Yes — the Code on Social Security extends formal social security coverage, comparable to EPF/ESI benefits, to gig and platform workers for the first time in India's labour law history.
Can an employer terminate an employee without notice?
Termination generally requires adherence to the notice period and process specified in the employment contract, applicable standing orders, or the Industrial Relations Code — failure to follow due process can render a termination challengeable.
Where are industrial disputes heard in Delhi NCR and Kolkata?
Before the Labour Court or Industrial Tribunal having jurisdiction over the workplace, with writ remedies available before the Delhi High Court or Calcutta High Court in appropriate cases.