Employment & Benefits
The following provides a brief summary of the main areas of work covered by the Employment & Benefits practice, and the ways in which we are most frequently able to help our clients.
- Establishment and Termination of Employment
- Employment policies
- Managing confidentiality, restraint of trade and non-competes
- Executive compensation
- Restructuring, reorganisation and retrenchments
- Occupational Health and Safety
- Mergers and acquisitions
- Contentious employment issues
Establishment and Termination of Employment
We advise and assist private, public and multinational companies extensively on employment related matters, including drafting of employment agreements for employees at multiple levels, advise on cross border employment concerns, advising on secondment issues, advising on termination issues including unfair dismissal claims.
We are regularly involved in assisting our clients to design draft various forms of employee policies by way of handbooks and manuals dealing with employee entitlements, rights and obligations. These include advising on policies relating to use of emails, whistle-blowing policies, use of personal data, anti-corruption etc. We also conduct training for our clients in such areas of law.
Managing confidentiality, restraint of trade and non-competes
We advise on all aspects of restraint and non-compete provisions for various levels of employees from varying industries, including financial institutions and multinational corporations. We also get involved in advising, designing and drafting policies intended to protect the confidentiality of trade secrets and other proprietary information, data protection policies as well as non-competition and non-solicitation clauses.
We have substantive experience in advising, designing and drafting various forms of compensation and benefit plans and agreements, Employee Stock Ownership Plans (ESOPs), Long Term Incentive Plans (LTIPs).
Restructuring, reorganisation and retrenchments
We get involved extensively in restructuring and retrenchment exercise of large multinational corporations and financial institutions as well as assist in drafting relevant documentation for management of employees being retrenched, subsequent placements and referrals. We also advise on requisite training and re-skilling opportunities to be provided to retrenched employees as well as issues such as claims arising out of the retrenchment exercises.
Occupational Health and Safety
We advise on various aspect of compliance with health and safety regulations including ensuring board compliance and implementation of appropriate processes and procedures to meet reasonably practicable standards mandated by law, dealing with policies relating to pandemics in relation to instituting best practices to manage compliance with regulatory requirements, leave and other benefit issues, and employee privacy matters.
Mergers and acquisitions
Our lawyers advise on the entire myriad of issues connected with the transfer of employees resulting from mergers and acquisitions including compliance with the Employment Act, change of jurisdiction of employment just to name a few.
Contentious employment issues
We are regularly involved in advising on enforcement of restraint of trade clauses and employee confidentiality agreements, investigation and action against employees for fraud, breach of fiduciary duties, business diversion and confidential information theft, taking action on behalf of employers in contractual disputes arising from termination or retrenchments of officers and employees, payment of salary, bonus, stock options etc.
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