Kriti Kaushik
Kriti Kaushik has over 10 years of experience and specializes in advisory relating to compensation, benefits and executive engagement.
She focuses Compensation & Benefits and Executive Engagements and provides sound strategic solutions to both domestic and international clients across sectors. on matters relating to structuring of employee benefits and incentives in terms of regulatory, policies and advisory; benefits analysis and harmonization; share-based benefits such as ESOPs, SARs, Phantom Stocks, etc. and other incentives; executive engagement structures, restrictive covenants and executive exit strategies including separation plans, pay-outs and risk mitigation.
Kriti’s practice at the Firm focuses on Compensation & Benefits and Executive Engagements and routinely works with both international and domestic clients on matters such as structuring the documentation for C-suite engagement and exits, formulating policies on equity-based incentives, strategy and advisory on handling issues relating to provident fund contributions, gratuity, pension, amongst others. Kriti has also assisted clients on various corporate restructuring transactions involving mergers or acquisitions, business transfers, employee movements, closures, workforce rightsizing, etc. across all sectors. Over the past year, Kriti has been helping clients in aligning their internal compliance processes with the upcoming Labour Codes by conducting detailed impact assessment studies specific to the policies and procedures of each establishment, identifying the gaps and advising on effective rectification strategies.
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She assisted United Nations Development Programme with an in-depth analysis of the Indian Apprentices Act, 1961 and the Apprenticeship Rules, 1992 to advise the government on necessary changes required in the legislation for introducing to meet the objectives set out by the Indian Prime Minister in the National Apprenticeship Promotion Scheme and introduction of third-party agencies in the scheme of the legal framework on apprentices. The suggestions provided have been implemented by the Ministry in the form of advisory to the stakeholders and have since enabled small and medium enterprises to take benefit of the apprenticeship system by creating a pool of readily available workforce possessing the skills relevant to the emerging needs of employers.
Kriti has been consistently recognized for Employment Law practice by The Legal 500 – 2023, 2022 and 2021 editions. Recently, she was also recognized among India’s ‘Rising Stars’ 2023 by Asian Legal Business.
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Select Experience Statement
- Advised world’s largest non-alcoholic beverages company on impact of the upcoming Labour Codes, strategies for senior level exits, business run-offs and restructuring of workforce while ensuring mitigation of risks and compliance with legal requirements.
- Advising an Indian multinational fintech company with implementation of share-based benefits for employees across various affiliates, including advisory for implementation and compliance in relation to various share-based benefits including manner of implementation of ESOPs through a Trust, funding of the trust, applicable compliances and related matters.
- Advised a food agro company on the simultaneous closure of its factories in Maharashtra and Rajasthan and other employment law related matters.
- Advised an International Bank in relation to harmonization of employee benefits in its intra-group merger, termination of employment, policy on sexual harassment, disciplinary guidelines and wrongful termination of employees.
- Advising a multinational Bank group on on the merger of group entities, from an employment law perspective and led the detailed analysis of the employee benefits of merging entities and devised the plan for harmonization of such benefits post-merger.
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- Advised an American multinational pharmaceutical company on enforceability of non-compete obligations post end of employment of a senior level executive in India, and the extent to which the US-based incentive plans could be utilized for implementing clawback provisions against the outgoing employee in case of breach of non-compete obligations.
- Advising a US-based diversified trading firm on the various structures for engagement of individuals in India, the legal principles and practices related to appointment and termination of employment of employees, compliances while setting up shop in India, including advice on various employment law related requirements, drafting of the employment contracts, offer letters, consultancy agreements, etc.
- Advised a Healthcare Solutions company on structuring of its ESOP Scheme for the employees and subsequent amendments to the same, including advice on the legalities with respect to cancellation and buyback of vested and unvested options in various scenarios like good leaver, bad leaver, CoC violations etc.
- Advising various multinational companies on implementation of share-based benefits for their employees, including Employee Stock Option Plan (ESOPs), Share Appreciation Rights Scheme (SARS) and Restricted Stock Unit Plans (RSU) for India employees.
- Advised an airline operator company on various employment law matters including industry specific implications of the Code on Wages, 2019 and analysis of the CTC structure of the employees based on the definition of ‘wages’ under the Code on Wages, 2019 and other critical issues; advising on issues relating to constitution of the investigations committee for cases relating to sexual harassment at workplace.
- Advised an integrated in-plant supply chain solutions providers on termination of employment on grounds of redundancy; assisted with drafting the termination letters and full and final settlement letters; advised on removal of personnel from the board of directors, queries related to employment visa, remuneration of directors etc.
- Advising several companies on the various structures for engagement of individuals in India, the legal principles and practices related to appointment and termination of employment of employees, compliances while setting up shop in India.
- Advised the national bank in relation to utilization of the funds lying in the reserve and surplus accounts of the provident fund of the employees of the bank and related matters.
- Advised a global healthcare company on severance payments to managing director, exercising of stock options on termination and documentation in relation to the termination of employment and exercise of stock options.
- Advised a global technology-enabled services leader on the applicable laws preventing employment of employees of another; advice on the enforceability of non-solicitation clause between employers, drafting of agreement for assignment of inventions, no dues & release letter for independent contractors.
- Advised a government owned company for power plant maintenance in South Korea on procedure for termination of employees upon termination of operations and management services agreement with principal and related documentation.
- Advised on merger of two Government companies in relation to harmonization of employee benefits while moving from a private entity compensation structure to that of a public sector unit and aligning the benefits in accordance with several pay circulars and regulatory amendments regulating the applicability and coverage of employees for the benefits and formulating a solution-oriented approach for the company to mitigate risk of challenge from the employees.
- Advised a global provider of blood and plasma supplies and services in relation with termination of employment for non-performance, procedure of disciplinary inquiry, drafting of show cause notice, letter of dismissal and full and final settlement letter.
- Advising a chain retailer supplying on-trend clothing in relation to industrial disputes raised by the workers of the Suppliers engaged by the Company in relation to payment of wages for the lockdown imposed due to the ongoing pandemic and compliance with the minimum wages notifications by the Suppliers. Also been providing consistent support to the Client on several employment law matters such as restructuring of workforce, closure of units, mass lay-offs, benefits management.
- Advised the largest crude oil and natural gas Company in India on contract labour implications in relation to rigs contract, vessels charter contract and lump-sum-turn-key contract.
- Advised a multinational insurance company on formulation of policies on prevention of sexual harassment at workplace, grievance redressal mechanism and disciplinary policy, termination of employee on grounds of misconduct, and settlement upon challenge of termination.
- Advised a company engaged in power generation on issues related to downsizing of employees, options for downsizing and voluntary retirement schemes.
- Advised an American multinational company on the approvals and licences required under various labour laws for setting up locomotive manufacturing unit and workshops in India.
- Advised an IT service management company in relation to secondment of employees from UK to India.
- Advised an American semiconductor manufacturer on the transfer of employment, retrenchment of employees and response to show cause notices from labour authorities on various labour issues, and termination during maternity leave.
- Advised a Luxury Asset and Lifestyle Management in relation to enforceability of non-compete, confidentiality and non-solicitation provisions and possible ways to protect the intellectual property of the company from outgoing employees.
- Advised a UN humanitarian aid organization on the various employee benefits that can be extended to the consultants engaged through contractors and review of the documents in relation to the same.
- Advised a French multinational rolling stock manufacturer on transfer of employees pursuant to an asset sale and documentation in relation to the transfer.
- Advised a global leader in the innovative technology of performance additives, process solutions, active pharmaceutical ingredients, and chemical intermediates, on labour law implications under various options for restructuring of business.
- Advised a capital market company on the transfer to provident fund accumulations from an exempted fund to statutory fund, setting up of ESOPs in India, issuance of foreign equity based benefits to employees in India.
- Advised a US-based jewelry designing tech platform company on various engagement structures for employees in India including engagement of individuals through professional employment organization or employer on record entities, along with advisory on the safeguards for ensuring compliance with the exchange control regulations while engagement of individuals and provision of services by such individuals to the entity based out of United States.
- Advised various multinational organizations on compliance with the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, consequences and impact of non-compliance thereof, along with strategy in handling claims and inquiries from regulatory authority in case of defaults in contributions.
- Advised an American multinational corporation in relation to transfer/termination of employees under various options for business restructuring.
- Advised an investment banking company in relation to termination of employee on grounds of performance, drafting of response to the legal notice received from the employee, and drafting of the disciplinary policy.
- Assisted one of the leading brewery company with the drafting of documentation relating to mutual separation of employment, handling of provident fund disputes.
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Professional Memberships
- Bar Council of Delhi
Education
- B.A., LLB (Honours) from University of Petroleum and Energy Studies, Dehradun 2012
