Rohitaashv Sinha

Partner
Employment & Labour Law Partner

Phone

+91 9999565393

Email

rohitaashv@ksandk.com

Professional Summary:

Rohitaashv specializes in labour and employment law, providing expert advice to both domestic and international clients on issues arising from their operations in India. His advisory services cover the applicability of various labour laws, engagement of different workforce categories (employees, non-employees, and contract workers), changes in service conditions, and employee secondment. He also addresses provident fund and ESI issues, trade union disputes, and non-compete and non-solicitation clauses.

Rohitaashv is adept at drafting and training on HR policies, standing orders, codes of conduct, anti-harassment and DEI policies, grievance redressal processes, disciplinary procedures, and exit formalities. He advises on compensation and employee benefits, aligning existing policies with proposed labour codes, and managing lay-offs, retrenchments, downsizing, and employment transitions. Additionally, he represents various corporates, entities, and individuals before courts and tribunals, including labour courts.

He also represents corporate clients in internal investigations, criminal investigations and trials.

Representative Clients:

Some of the clients that Rohitaashv has advised include Angel One, Country Delight, Naval Group, Telecom Sector Skill Council, KyodoYushi, Antwerp Diamond Bank, Hays Recruitment, Willis Tower Watson, Indus Towers, Tractebel etc.

Practice Focus

Employment Advisory & HR Strategy

Business set-up, workforce structuring, employment contracts, executive compensation, HR policies, restrictive covenants, employee benefits and strategic HR advisory.

Labour & Industrial Relations

Collective bargaining, trade union negotiations, disciplinary proceedings, domestic enquiries, workforce restructuring, retrenchment, closures, wage settlements, standing orders and industrial relations strategy.

Labour Litigation & Employment Disputes

Representation before Labour Courts, Industrial Tribunals, Industrial Courts, High Courts, Conciliation Authorities and other statutory authorities in employment litigation, writ petitions, industrial disputes, service matters and labour law prosecutions.

Employment Due Diligence & Compliance Audits

Employment law due diligence for corporate transactions, HR compliance audits, labour law risk assessments, statutory compliance reviews, regulatory gap analysis and mitigation strategies.

Labour Codes & Regulatory Compliance

Implementation of the Labour Codes, multi-state labour law compliance, social security, contract labour, occupational safety, POSH, employee privacy, data protection and regulatory advisory.

Forums & Jurisdictions

Representative Matters & Reported Cases

Transactions

Key Work Highlights

Human Rights Due Diligence & Labour Compliance

Advised a leading multinational consumer goods company on a comprehensive human rights due diligence and labour compliance project relating to its manufacturing facility, including supply chain audits, manpower agency training, corrective action implementation, and workplace compliance under Indian labour laws.

Manufacturing Facility Labour Compliance Audit

Conducted an audit of various manufacturing facilities across India and provided review, analysis and corrective measures on aspects relating to working hours and overtime.

HR Framework Audit & Labour Codes Alignment

Engaged to conduct a comprehensive audit of a leading construction and airport management group’s HR framework, including policies applicable to its workforce and operational structures. The scope involved identifying gaps and overhauling policies to align with India’s new labour codes, incorporating CSR-linked considerations, and advising on university affiliations and workforce structuring, enabling regulatory readiness and a future-ready HR structure aligned with domestic and global expectations.

Higher Pension Entitlements Advisory

Advised a leading public sector enterprise on issues concerning higher pension entitlements under India’s social security framework, including analysis of recent judicial developments and their applicability to employees. Advised on compliance and dispute resolution strategies, including assessment of potential financial exposure and risk mitigation measures.

Employee Transfer & Termination Due Diligence

Conducted due diligence and advised on matters relating to transfer and termination of employees, including execution of redundancy processes, drafting termination and transfer letters, preparing detailed termination payment computations including statutory dues and severance, and advising on legal compliance in implementing workforce restructuring.

Pan-India Labour & Employment Disputes

Advised and represented a leading logistics and supply chain company in labour and employment disputes across India, including proceedings before labour courts and industrial tribunals involving wrongful termination, industrial disputes, contractor labour claims, wage disputes, social security claims and disciplinary actions. Developed litigation strategies, drafted pleadings, and managed evidence and witness processes across multiple jurisdictions.

HR Framework Audit & Restructuring

Conducted a comprehensive review and restructuring of a leading consumer products company’s labour and HR framework across corporate and factory operations, analysing the impact of the new labour codes, revising existing policies, and drafting and updating HR manuals, standing orders and factory-related policies.

Employee Transfer Structuring

Structured and advised on agreements and documentation of a leading asset management company for the transfer of employment of employees between non-group entities with continuity of service benefits, including gratuity, leave encashment and provident fund.

Senior Employee Separation & Settlement

Advised a leading automotive company on a senior-level employee separation dispute arising from resignation and subsequent exchanges between the parties, providing strategic advisory on dispute resolution and risk assessment, and drafting a comprehensive settlement agreement addressing full and final settlement of claims, confidentiality, non-disparagement, tax considerations including TDS compliance, and survival of post-termination obligations.

Data Theft & Cyber Offence Response

Advised a leading technology company on a serious case of employee misconduct involving alleged data theft, breach of confidentiality and cyber offences by a former senior information-security employee, developing a multi-pronged legal strategy including cease-and-desist notices, civil proceedings seeking injunctive relief, and a criminal complaint under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000.

Labour Codes Overhaul & Wage Structuring

Advised a leading industrial company on a comprehensive overhaul of the client’s labour and employment framework in light of India’s new labour codes, covering HR policies, employment contracts and compensation structures including wage restructuring under the Code on Wages, and drafting of employment documentation aligned with the Industrial Relations Code and the Occupational Safety, Health and Working Conditions Code.

Termination Documentation & Fraud Inquiry

Advising a leading business process and customer service company on structuring and drafting termination and appointment documentation, and assisting with a large-scale fraud case, including advisory on internal inquiry proceedings and supporting the termination process in line with applicable labour laws and principles of natural justice.

POSH Appeal, Industrial Tribunal, Gurugram

Representing a leading clean energy company and its Internal Complaints Committee in an appeal before the Industrial Tribunal cum Labour Court 1, Gurugram, involving a challenge to the ICC’s findings under the POSH Act, 2013 and related termination proceedings, handling written arguments, evidence management and court appearances.

MD Termination & Leadership Restructuring

Advised a leading mechatronics company on a complex mandate involving the termination of the client’s Managing Director and restructuring of its India leadership, including evaluation of misconduct and fiduciary breaches, termination pathways, board resolutions for appointment and removal of directors, and drafting employment agreements for incoming leadership.

Higher Pension Disputes & Delhi High Court Proceedings

Advising a leading agrisciences company on high-value disputes concerning higher pension entitlements under the EPF framework, including proceedings before the Delhi High Court, drafting replies to legal notices, analysing recent Supreme Court jurisprudence, reviewing historical employment and EPF records, and coordinating with EPFO authorities on liability exposure and litigation strategy.

Indicative Experience

  • Led internal and external investigations related to employee performance, harassment, misconduct, and termination across multiple regions, including India, Philippines, Vietnam, Singapore, and UAE.
  • Preparing relevant documents, policies and obtaining necessary and relevant approvals for transfer of employees from one company to another
  • Providing corporate advisory, preparing legal memorandums and assisting entities in shutting down their units and resolving trade disputes relating to closure
  • Conducting various employment and labour related trainings viz. POSH, disciplinary issues, working conditions, data privacy and employer’s role, new labour codes etc.

Rohitaashv Sinha

Partner
Employment & Labour Law Partner

Expertise

Key Facts

18+
Years PQE
31+
Major Clients
50+
Training Sessions Delivered
10+
Articles Authored
5
Practice Areas

Education

ILS Law College
Pune

Certifications & Memberships

Awards & Recognition

Panel Appointments

Representative Clients