Employment dispute resolution — protecting employers and employees.
Employment disputes carry significant financial, reputational, and operational risk. SIRI Law LLP provides strategic employment dispute resolution for employers and employees alike. We handle employment matters before labour courts, industrial tribunals, High Courts, and the Supreme Court, with deep expertise in India's evolving labour framework.
Getting gig worker status right, not generic
Gig and platform workers now have a real legal category in India — for the first time, and it isn't the same as employee status.
Some employment content mentions "contractor misclassification challenges" and "gig worker rights claims" without noting the specific legal development that now governs this area. The Code on Social Security 2020, notified alongside the other three Labour Codes on 21 November 2025, is the first central labour legislation in India to formally recognise gig workers and platform workers as distinct categories. This matters because before this notification, gig and platform workers existed in a genuine legal grey zone — neither clearly "workmen" under the Industrial Disputes framework nor clearly independent contractors with no statutory protection at all.
What the Code actually does is narrower than full employee recognition, and it's worth being precise about that distinction. Gig and platform workers are not automatically entitled to traditional employer-funded benefits like provident fund or gratuity, and they are not treated as "employees" under the Industrial Relations Code. What they do get is a statutory basis for government-backed welfare: aggregators are now required to register these workers and to contribute between 1% and 2% of their annual turnover, capped at 5% of what they pay the workers, into a dedicated Social Security Fund covering life and disability cover, health insurance, and old-age pension. Several states are moving faster and more specifically than the central framework — Karnataka's Platform-based Gig Workers' (Social Security and Welfare) Ordinance 2025 already levies its own welfare cess on major platforms like Swiggy, Zomato, Ola, and Uber.
For gratuity disputes specifically — a genuinely common employment dispute regardless of worker classification — it's worth being precise about the mechanics: Section 7(3-A) of the Payment of Gratuity Act requires simple interest on delayed payment at a Central Government-notified rate currently standing at 10% per annum. A separate, tougher route applies where gratuity isn't paid at all and has to be recovered through the Controlling Authority under Section 8 — there, the Collector recovers the amount as arrears of land revenue, with compound interest applying specifically at that recovery stage, not as the general default rule.
What we handle
Comprehensive representation across all related matters
From wrongful termination through POSH compliance, wage disputes, and gig worker classification under the new Labour Codes.
Wrongful Termination
Reinstatement proceedings, Industrial Disputes Act challenges, backwages recovery, and separation agreement disputes.
Discrimination & Harassment
POSH Act complaints, discrimination claims, equal pay disputes, and hostile work environment proceedings.
Wage & Compensation Disputes
Wage theft recovery, gratuity disputes, PF litigation, bonus claims, and ESOP enforcement.
Employment Contract Disputes
Restrictive covenant enforcement, notice period disputes, and post-termination obligation claims, built on current Section 27 case law.
Collective & Industrial Disputes
Strike management, lockout proceedings, collective bargaining disputes, and IDA tribunal representation.
Senior Executive Disputes
CXO termination, ESOP acceleration disputes, golden parachute enforcement, and board-level employment matters.
POSH Compliance & Defence
Internal Complaints Committee advisory, POSH investigation guidance, and employer defence in proceedings.
Contractor & Gig Worker Disputes
Misclassification challenges, gig/platform worker rights claims under the Code on Social Security 2020, and principal employer liability.
Cross-Border Employment
International assignment disputes, expatriate employment, and cross-border restrictive covenant enforcement.
Evidence, not guesswork
Gig/platform worker vs. traditional employee — what the new Code actually gives
Recognition isn't the same as full employee status. Here's the practical difference.
| Entitlement | Gig / platform worker | Traditional employee |
|---|---|---|
| Provident fund | Not automatic | Mandatory employer contribution |
| Gratuity | Not covered under the Payment of Gratuity Act | Covered after 5 years' continuous service (or 1 year for Fixed Term Employees) |
| Social security funding source | Aggregator contribution (1–2% of turnover) + government schemes | Employer-funded statutory benefits directly |
| Collective bargaining right | Not extended under the Industrial Relations Code | Extended under the Industrial Relations Code |
| Registration requirement | Must register via e-Shram; aggregator must register the worker | Standard employment onboarding |
Sources: Code on Social Security 2020, §113–114, §142; Payment of Gratuity Act 1972; Karnataka Platform-based Gig Workers' (Social Security and Welfare) Ordinance 2025. State-level rules and central notifications continue to develop — confirm current applicability with counsel before relying on any specific classification.
What the numbers actually mean
Four figures that frame employment disputes today
To the new Social Security Fund, capped at 5% of amounts payable to gig/platform workers.
Simple interest under Section 7(3-A) — compound interest applies only at the Section 8 recovery stage.
Employers with 10 or more employees must constitute an Internal Complaints Committee.
For emergency employment situations requiring immediate legal action.
How we work
From assessment to resolution
Assessment & Advice
We assess the legal strength of the employment claim or defence, providing clear advice on prospects, timeline, and cost.
Internal Processes
We guide employers through legally defensible termination procedures, inquiry processes, and POSH investigations.
Dispute Proceedings
Labour court representation, High Court writ petitions, tribunal appearances, and arbitration of employment disputes.
Resolution & Settlement
Settlement negotiation, deed of release preparation, and post-settlement compliance, ensuring clean severance and full protection.
Case study · Gig worker classification
Delivery platform's exclusivity clause triggers misclassification finding
A food delivery platform operating in Telangana was challenged by a group of riders alleging they were, in substance, employees rather than gig workers, pointing to mandatory minimum-hour requirements, an exclusivity clause preventing work for competing platforms, and algorithmic control over routing and performance metrics. SIRI Law LLP advised the platform on restructuring its engagement terms to genuinely reflect gig work — removing the exclusivity requirement and minimum-hour mandates — while separately advising on registration and Social Security Fund contribution obligations under the new Code.
The restructured arrangement, combined with proper registration and contribution compliance, resolved the dispute without a formal misclassification finding, and positioned the platform ahead of state-level enforcement activity anticipated as Karnataka-style ordinances spread to other states.
Representative matters
Typical engagements
All matters described generically to protect client confidentiality.
Reinstatement with full backwages
Secured reinstatement with full backwages for a workman retrenched without following the notice and compensation procedure mandated under the Industrial Disputes Act.
Employer procedure upheld on appeal
Defended an employer's Internal Complaints Committee findings on appeal, successfully demonstrating the inquiry followed proper POSH Act procedure throughout.
Full gratuity plus statutory interest recovered
Recovered gratuity due to a retired employee together with simple interest under Section 7(3-A), after the employer's initial delay in payment following separation.
Accelerated vesting enforced on termination
Enforced an accelerated ESOP vesting clause on behalf of a departing CXO whose termination was structured by the employer to avoid vesting obligations.
Why choose SIRI Law LLP
Employment law grounded in the current Labour Codes framework
We represent employers and employees. This makes us more effective strategists for each.
Labour law expertise
Practitioners across Indian labour legislation, the IDA, Factories Act, Shops & Establishments, and the Four Labour Codes.
Both sides of the table
We represent employers and employees. This makes us more effective strategists for each.
POSH specialists
Dedicated POSH advisory team for ICC compliance, internal investigations, and proceedings.
Current on gig worker recognition
We advise on the Code on Social Security's new gig worker framework and the fast-moving state-level rules layering on top of it, not a stale pre-2025 picture of contractor risk.
The SIRI advantage
Law firm alone vs. security firm alone vs. SIRI Law LLP
| Capability | Law firm only | Security firm only | SIRI Law LLP |
|---|---|---|---|
| Digital evidence | Cannot collect court-admissible evidence | Findings not protected by privilege | Legal + forensics, privileged from day one |
| Regulatory response | Slow, no in-house technical capacity | Cannot file regulatory notifications or represent in court | Fully integrated — one call handles both |
| Technical staff | No engineers on staff | No litigation capability | Both under one roof |
Frequently asked
Employment disputes, answered directly
What constitutes wrongful termination in India?
For workmen under the IDA, retrenchment without following the prescribed procedure is illegal. Senior executives are governed by their employment contracts and general contract law. We advise on the applicable framework for your specific situation.
What does the POSH Act require?
The POSH Act requires every employer with 10+ employees to constitute an ICC, display a POSH policy notice, conduct annual awareness sessions, and submit an annual report. Non-compliance carries significant penalties.
Can an employer enforce a non-compete against a former employee?
Post-employment non-competes are generally unenforceable in India under Section 27 of the Contract Act, and 2025 to 2026 has produced a consistent run of Delhi and Bombay High Court decisions confirming courts apply that rule strictly, with the burden of proving a statutory exception sitting entirely on the employer. Non-solicitation, confidentiality, and trade secret protections remain enforceable. We advise on the maximum enforceable protection given the current case law.
What happens if an employer fails to pay gratuity?
Section 7(3-A) of the Payment of Gratuity Act requires the employer to pay simple interest on delayed gratuity, calculated from the date the gratuity became payable to the date it is actually paid, at a rate set by Central Government notification and currently standing at 10% per annum. A separate, tougher mechanism applies where the amount is not paid at all and has to be recovered through the Controlling Authority under Section 8: the Collector recovers the sum as arrears of land revenue, with compound interest applied at that recovery stage. Beyond the interest itself, non-payment can attract criminal prosecution and proceedings before the Controlling Authority, and employees can file a complaint with the Labour Commissioner.
Are gig and platform workers now covered by labour law in India?
Partially, and for the first time. The Code on Social Security, 2020, notified alongside the other three Labour Codes on 21 November 2025, is the first central labour legislation in India to formally recognise gig workers and platform workers as distinct legal categories. They are not treated as employees, and they are not automatically entitled to traditional benefits like provident fund or gratuity, but the Code requires aggregators to register these workers and to contribute between 1% and 2% of annual turnover, capped at 5% of what's paid to the workers, into a dedicated Social Security Fund covering life and disability cover, health insurance, and old-age pension. Several states are moving faster than the central framework — Karnataka's Platform-based Gig Workers' Ordinance 2025 levies its own welfare cess on aggregators like Swiggy, Zomato, Ola, and Uber. This is a genuinely active, still-developing area: exact contribution percentages and enforcement mechanisms are being notified state by state, and misclassification exposure remains real wherever a platform exercises the kind of control, exclusivity, or fixed hours that starts to resemble a traditional employment relationship.
Consult a SIRI attorney today
Book a confidential case review. No obligation.
We assess your legal position and advise on strategy, including how the new Labour Codes and gig worker framework affect your matter.
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SIRI Law LLP — Hyderabad, India
| Registered office | HITEC City, Madhapur, Hyderabad, Telangana 500081, India |
| Telephone | +91 79819 12046 |
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