Indian Laws for Recruitment and Selection


Published on

In this presentation, we will discuss about the legalities governing recruitment and selection in India. We will also talk about various acts related to remuneration and employee insurance in india.
To know more about Welingkar School’s Distance Learning Program and courses offered, visit:

Published in: Education, Technology, Business
1 Like
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Indian Laws for Recruitment and Selection

  1. 1. Learning Objectives Outline the legalities governing recruitment and selection in India. Explain the Equal Remuneration Act. Explain the ESIC Act 1Chapter Eleven Indian Laws for Recruitment & Selection
  2. 2. Structure1) The Legal View.2) Equal Remuneration Act in India.3) Employee State Insurance Act.4) Law and the Indian MNC.5) Summary. 2Chapter Eleven Indian Laws for Recruitment & Selection
  3. 3. 11.1 The Legal ViewLaws governing recruitment in private sectors are a few.The Child Labour [prohibition and Regulation] Act prohibits employment of children in certain employments and regulates their working hours and conditions.Employment Exchanges [Compulsory Notification of Vacancies] Act requires public sector and those private sector employers who employ 25 or more persons to notify all vacancies to their prescribed Employment Exchange. 3Chapter Eleven Indian Laws for Recruitment & Selection
  4. 4. 11.1 The Legal ViewApprentices Act , 1961; the Interstate Migrant Workmen Regulation of Employment and Conditions of Service Act, 1979; the factories Act, 1948; and the Mines Act, 1952 are some other Acts dealing with recruitment.Unlike UK and USA, India does not have comprehensive legislations regarding equal employment opportunities. Indian employers are expected to have a fair and non-discriminatory recruitment policy. 4Chapter Eleven Indian Laws for Recruitment & Selection
  5. 5. 11.2 Equal Remuneration Act in IndiaThe Convention concerning equal remuneration for men and women workers for work of equal value was adopted by the general conference of the International Labour Organization in 1951. India is one of the parties to this Convention.Article 39[d] of the constitution of India provides that the state shall , in particular, direct its policy towards securing that there is equal pay for equal work for both men and women. 5Chapter Eleven Indian Laws for Recruitment & Selection
  6. 6. 11.2 Equal Remuneration Act in IndiaEqual remuneration Act in India was enacted to prevent discrimination among workers on grounds of gender.The Act aims at prohibition of discrimination during recruitment and wage fixing.The section [5] of this Act forbids discrimination during recruitment and the section 4[1] of the Act makes it mandatory to pay equal wages for women for the same work done. 6Chapter Eleven Indian Laws for Recruitment & Selection
  7. 7. 11.3 Employee State Insurance ActEmployee State Insurance Act, 1948 is a piece of social welfare legislation and applies to establishments notified by the Government.The promulgation of the Act envisaged an integrated need based social insurance scheme that would protect the interest of workers in unforeseen events such as sickness, maternity, temporary or permanent physical disability , death due to employment, injury resulting in loss of wages or earning capacity. 7Chapter Eleven Indian Laws for Recruitment & Selection
  8. 8. 11.3 Employee State Insurance ActThe Section 46 of the Act offers six social benefits:- ☺ Medical benefit ☺ Sickness benefit. - extended sickness benefit. - enhanced sickness benefit. ☺ Maternity benefit. ☺ Disablement benefit. - temporary disablement benefit. - permanent disablement benefit. ☺ Dependants’ benefits. ☺ Funeral Expenses. 8Chapter Eleven Indian Laws for Recruitment & Selection
  9. 9. 11.3 Employee State Insurance ActIn the ESI scheme, the contributions are related to the paying capacity as a fxed % of the workers’ wages, whereas, the workers are provided social security benefits according to individual needs without distinction.In addition the scheme also provides other need based benefits like rehabilitation allowance, vocational rehabilitation and unemployment allowance under Rajiv Gandhi Shramik Kalyan Yojana. 9Chapter Eleven Indian Laws for Recruitment & Selection
  10. 10. 11.4 Law and Indian MNCMore and more Indian Organizations are recruiting a pool of talent. It is imperative that the recruiter is aware of the legal issues surrounding recruitment in country of operation.USA, UK have very stringent laws and what may be acceptable in India may be a case of lawsuit in those countries. There are legal pitfalls in job ads, job application forms, interview questions.It is essential that selection team is educated of all these pitfalls to avoid expensive law suits. 10Chapter Eleven Indian Laws for Recruitment & Selection
  11. 11. 11.5 Summary Largely, it is clear that the recruitment policies in the private sector are largely unregulated and the employer has to ensure that the recruitment policies are in compliance with the laws and are fair and non-discriminatory. 11Chapter Eleven Indian Laws for Recruitment & Selection
  12. 12. This brings us to the end ofour current session # 11! Next we move to session # 12 dealing with “Role of Induction Process in Recruitment & Selection”. Good Luck! 12Chapter Eleven Indian Laws for Recruitment & Selection
  13. 13. “Like” us on Facebook:  p // / “Follow” us on Twitter: com/WeLearnIndiaWatch informative videos on Youtube: