Employment Due Diligence in M&A Deals

M&A transactions carry significant employment-related risk that is often under-assessed until post-closing. This session examines the key employment law issues that must be evaluated during due diligence, and how they should be addressed in deal documentation and structuring. 

Key aspects to be covered:

• Impact of the Labour Codes on deal structure and timelines;

• Asset Sale vs. Share Sale — Continuity of service and consent requirements;

• Continuity of benefits and contingent liabilities: Gratuity, Bonus, PF/ESIC dues, and Leave Encashment;

• Contract labour and third-party workforce compliance exposure;

• Pending litigation, domestic inquiries, and labour disputes;

• Transaction document checklists – CPs and CSs; and

• Ring fencing against historical non-compliances – Representations & warranties, indemnities, disclosures, escrows, etc. 

Speakers -

Noorul Hassan, Executive Partner

Shipra Verma, Associate Partner

Kumar Panda, Associate Partner