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Are ESOPs "Wages"? Decoding Section 2(y) of the New Labour Code 2026
The operationalisation of the four Labour Codes on May 8 and 9, 2026, has fundamentally rewritten the rules of employment in India. For the startup ecosystem, the notification of over 30 gazette rules represents a "compliance cliff." While founders have historically focused on "burn rates" and "product-market fit," they must now confront a complex regulatory reality: The Wage-Pull-Back. Employee Stock Option Plans (ESOPs) are the primary tool for attracting top-tier talent wi
reetika72
May 136 min read


Apprentice vs. Worker: Terminating Underperformers after the 2026 Rastogi Judgement Without Triggering a "Sham" Lawsuit
By Reetika S. Gupta, Partner at Aristo Legal Under the Apprentices Act, 1961, managing an underperforming apprentice is a fundamentally different legal challenge than managing a regular employee. Despite the 2025 amendments aimed at "Revitalising the Apprenticeship Ecosystem," the core protection for employers remains Section 18: apprentices are trainees, not workers, and labour laws—including the Industrial Disputes Act (ID Act)—do not apply to them. However, the 2026 Rastog
reetika72
Apr 234 min read


The 4-Year 190-Day Rule: Is “5 Years” a Gratuity Myth in 2026?
With the full operationalisation of the Code on Social Security (SS Code), 2020 on November 21, 2025, the corporate landscape has entered a new era of statutory accountability. Historically, the Payment of Gratuity Act, 1972, left a significant vacuum regarding the precision of “continuous service,” often forcing employers and courts to rely on fragmented judicial precedents such as the landmark Madras Fertilisers Ltd. vs. Controlling Authority (2003 LLR 244). Under the earli
reetika72
Apr 224 min read
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