Lawyer Monthly Magazine - May 2019 Edition

Contact Ms Nohid Nooreyezdan Senior Partner AZB House Peninsula Corporate Park Ganpatrao Kadam Marg Lower Parel Mumbai 400 013 Tel: + 91 22 6639 6880 Fax: + 91 22 6639 6888 www.azbpartners.com Ms. Nohid Nooreyezdan As a Senior Partner based out of Mumbai, I have been with the Firm since its inception and head up the Employ- ment Law practice. Being in the profession for over 24 years, I have advised clients from various sectors on the rapidly evolving nuances of Indian employment law. on the transferee entity to modify the workmen’s service conditions at a later stage. This comes with the proviso that if the change at a later stage to the specified service conditions of the workmen (such as basic wages, hours of work and rest intervals, classification of grades, leave with wages and holidays, withdrawal of any customary concession or privilege, etc.) is prejudicial to the workman, it can only be affected after giving a prior notice as required and in the prescribed form and manner as provided under Section 9A of the IDA. It is therefore advisable, from the transferee entity’s viewpoint, that the conditions of service being offered to the transferring employees are identified at the time of the transfer of the undertaking, when the transferor entity would remain liable for a “deemed retrenchment” situation, rather than at a later stage when they would have to follow the process for effecting any prejudicial change. LM From the transferee entity’s viewpoint, the conditions of service being offered to the transferring employees are identified at the time of the transfer of the undertaking Firm Profile AZB & Partners is one of few firms in the country with a dedicated Employment Law practice, with a focus on the same for more than two decades. Having witnessed and experienced the impact of globalisation and technological advancement on workforce engagement and workplace dynamics, the Firm has provided pragmatic advice and solutions to clients on the application of India’s complex employment law regime, bearing in mind the or- ganisation’s practices, objectives and culture. In addition to our robust Employment Law practice, our industry-specific experts ensure that our advice is holistic, taking into account the nuances of various sectors. The Firm has strong Litigation, Tax and Intellectual Property practices, which provide the required support to ensure that our advice is thorough and complete. The Firm also has excellent working relations with specialized labour counsels and a Compliance and Investigation practice, bolstering the Employment Law practice, especially with respect to investigations around misconduct by senior management and workplace sexual harassment. MAY 2019 35 Expert Insight www. lawyer-monthly .com