ABOUT THE NATIONAL CONTEXT FOR OPENING UP SHOP
India has developed a reputation as a difficult place to do business. For the last two decades or so, there have however been a series of administrative moves in furtherance of economic liberalisation and to the cause of ease of doing business in India. A large share of the perceived difficulty was on account of the legal and regulatory set up in India. The Indian Constitution provides for a federal structure, where both the Union/Central government and the respective State governments have the power to legislate on a given set of subjects. On certain subjects, including labour and employment, both the Union/Central government and the State governments have been given the authority to legislate and make law. The extant structure, when combined with the large and varied landscape and different cultures present in the country, often makes adherence to laws a time-consuming and exhausting task for most entities.
INDUSLAW is a multi-speciality law firm, with offices in Bangalore, Delhi, Mumbai and Hyderabad. We have a dedicated labour and employment team that is highly experienced in advising foreign corporations in entering Indian markets and setting up their local operations across the country. Alongside, advising and assisting corporations on the continuous compliance requirements under the Central as well as State laws, we also advise and assist in conducting internal investigations, compliance audit exercises, drafting policies, drawing employment contracts and conducting collective bargaining negotiations.
We have provided an indicative checklist below which will allow your organization to evaluate the legal and regulatory framework for starting a business establishment in India. The information in the checklist relates to the requirements under the Central laws and some of the common requirements under all State laws. The checklist may be further customized and dedicated for any specific region in the country (and specific business purpose), as per the requirements.