Sustainability jobs & contract employment in india
WHITEPAPER ON GLOBAL HR COMPLIANCE_final
1. WHITEPAPER
ON
GLOBAL WORKFORCE COMPLIANCE.
-Under the guidance of
Faculty -Dr.Prof.Savita G.R
(Asst.Prof.HR -Prin Welingkar Institute Of Management and Research,
Bangalore)
By:
Ankita Shrivastava
Student Of E-business
We School,bangalore
2. WHITEPAPER ON GLOBAL WORKFORCE COMPLIANCE-
EXECUTIVE SUMMARY:
Organizations are expanding at a great pace today. Mergers and Acquisitions have also
increased many folds. With this there is the need for organizations to maintain a checklist of
statutory, legal, business and domain specific compliances. Statutory compliances mainly
includes compliance to minimum wages, ESI Act, PF Act, Apprentices Act, Contract labour
Regulation and Abolition act, Industrial disputes Act, Payment of gratuity act, Equal
Remuneration Act, Employee State remuneration act etc. At the organizational level, domain
based compliances are also important. With organizations looking into more of mergers and
acquisitions, the role of human resources is very vital to manage the cultural and language
barriers. With this the objective of this paper is to throw light on various compliances to be
ensured at the statutory level, role based and domain based level.
OUTCOME:
The outcome of this project is a recommended framework for Global HR Compliance with
respect to legal, statutory regulations, employee leave management systems, role based
compliance , organizational compliance and domain based compliances for any business
during global expansions in different geographical locations.
ABOUT THE AUTHOR: Ms.Ankita Shrivastava,a student of Prin.Welingkar Institute Of
Management and Research, Bangalore is pursuing her course in E-Business. Formerly ,being
an employee of Tata Consultancy Services and having worked as a Systems engineer and
then as an intern at Employee Experts ,she believes in hard work, perseverence and sincerity
to be the pillars of any strong organization. Having keen interests in the field of Human
Resources, she as a student did intensive research to come up with this paper on global
workforce compliance. This paper was thoroughly guided by her mentor Dr. Prof.Savita G.R
at Welingkar Institute Of Management , Bangalore and CEO Srinivasulu Mallampooty at
Employee Experts.
RESEARCH METHODOLOGY FOR GLOBAL HR COMPLIANCE:
The research methodology includes quantitative research which includes measuring variables
and verifying existing theories or hypothesis and questioning them. Other qualitative research
3. tools includes interviewing leading business HR heads and Managers and gathering valuable
insights about best HR practices followed within the organization and compliances to be
ensured be it training based compliance, role based compliance , organizational compliances
and domain specific compliances. Other quantitative research methods include floating
questionaire with a list of questions on global compliances with respect to statutory
regulations like labour laws, minimum wages, employment contracts and the like to leading
HR heads and managers. Some of them were –Mary Prindel (Fidelity Investments), Bala
(Café Coffee Day), Ramesh Ranjan (Schneider Electric),Ron Miller (Visa Inc USA
),Varghese (Visa Inc).
DISCUSSION:
The minimum wage is meant to be a tool for combating poverty and preventing unfair wages,
however, some scholars and economists doubt its effectiveness and some even argue it has
more negative effects than positive. Despite this, most scholars have accepted the minimum
wage as part of our market system, but they are passionately divided as to whether increasing
the minimum wage is positive or negative. Minimum wages compliance varies from country
to country. While Germany has a minimum wage standard set recently , U.S.A complies to
minimum wages with a minimum of 15.08 $ for 40 hours of work per week. There is no
government fixed minimum wages in Scandinavian countries, Sweden, Norway, Iceland,
Finland, Austria and many more. Australia is the top minimum wage paying country with
around 35.358 $.Luxembourg being the second highest minimum wage paying country with
2468 $ per month. France is the 10th
, largest minimum wage paying country, with $1853 a
month. Compliance to minimum wages helps countries to raise the employment standards
and people above the poverty line. Globalization has also created non-traditional employment
structures like part-time, casual and contract labour.
Compliance to labour laws is also mandatory for countries. The following table shows the
variation in employment laws across some countries with respect to various parameters like
working hours, notice period , leaves management ,settlement of disputes , collective
dismissal of employees etc.
LABOUR LAW COMPARASION GLOBALLY:
4. COUNTRIES WORKING
HOURS
LEAVE
MANAGEMENT
OVERTIME
PAY(in
hours per
year)
EMPLOYMENT
TERMINATION
INDIA India,
Pakistan,
Africa
follow a 9
hours a day
working
pattern.
Three types of
leaves, earned
leave, sick leave
and casual leave.
Quarantine and
extra ordinary
leaves can be
availed by
employees based
on pre-set
conditions.
In India 200
hours is the
permitted
overtime per
year.
For collective
dismissal India,
Pakistan, Srilanka
require approval
from public
administration.
U.S.A Work week
standards is
40 hours.
Any work
beyond this
is 1.5 times
the normal
pay.
There is no federal
requirements for
unpaid leaves.
Employers which
fall under FMLA
act , can avail
unpaid medical
leaves after
working for 1250
hours.
Overtime
begins after
the 40th
hour
worked in a
week.
Employer cannot
terminate on race,
gender, disability
according to the
FEHA Act.
BANGLADESH Daily
working
hours have
been reduced
from 9 hours
a day to 8
hours a day.
1 day leave for
every 18 days of
work
performed.Also,1
day for every 15
days of work
during previous
period of work 12
Overtime pay
of double the
basic and
dearness
allowance
needs to be
paid by
employer.
No prior
consultation
required before
dismissal. Giving a
30 days’ notice
period a permanent
worker may
terminate his
5. months. employment.
FRANCE Follows a 7
hour a day
working
condition
.Considering
a normal
pattern of 6
hours of
working
days a week.
Breaks of 20
minutes may be
given for every 6
hours of work.5
weeks of paid leave
per year worked.
Sick leave,
sabbatical leave,
paternity leave etc
are the types of
leaves.
Is 220 hours
per year.20
percent per
hour for each
8 hours of
work and 50
percent for
each hour
beyond that.
Collective
bargaining used to
provide minimum
termination notice.
Probationary
period equivalent
to 24 hours,48
hours,1 week,1
month, When
employee has
worked less than 8
days, more than 1
month etc.
SRILANKA Follows 5
and a half
working day
on a
Saturday.
The duration of that
first annual leave
period is
determined
according to the
date/month on
which the
employment
commenced. From
the second year
onward, an
employee is
entitled to 14 days
paid annual leave,
after completion of
12 months of
continuous service.
If an overtime
rate has been
pre-
determined,
then it should
be one-and-a
quarter times
the rate
normally
applied to
such work.
Holidays with
or without pay
must be
granted on a
day within a
specified
Minimum of 180
days service during
the first year of
employment
should have been
completed at the
time of termination
of employment.
6. For the first year,
an employee would
have following
annual leave,
depending upon the
time of
commencement of
his employment
number of
days. In the
case of any
special class
of workers,
payment for
their work
must be not
less than one
and a half
times the
normal rate,
without a
substitute
holiday.
CHINA Employees
normal
working day
not exceed 8
hours and
work week
not exceed
40 hours.
White collar
employees in
china follow
a 5 day
working
week.
Annual leave is
the holiday with
salary. During
Annual leave,
the employee shall
be paid just the
same as normal
working days. The
employee who has
been working for a
consecutive
period of more than
one year shall be
entitled to paid
annual leave. This
is a fundamental
A maximum
of 36 hours in
any 1 month.
Overtime pay
150 per cent
of basic salary
for shift
workers on
normal
working day.
In China, there is
no concept of “at
will” employment
as exists in some
other countries.
That is to say, in
cases of early
termination,
employers may
only terminate
employees in
accordance with
certain
circumstances
stipulated in
relevant laws and
7. requirement for
annual leave.
It’s no doubt that
working with one
employer for more
than one
consecutive year
could meet the
requirement of
annual leave.
Furthermore, it’s
also acceptable the
employee
works with more
than one employers
for more than one
consecutive year, if
there is no time gap
among different
employers.
regulations.
Otherwise, the
termination shall
be deemed
unlawful and may
trigger a costly
labor dispute and
additional
penalties.
ESI fund, maintained by ESIC is applicable to employees earning Rs 15,000 or less per
month to provide the cash and medical benefits to them and their families. This fund is a
contributory fund in which both the employer and employee contribute 4.75% and 1.75%
respectively to make it a total of 6.5%.
Compliance to ESI (Employee State Insurance Act) is mandatory. Companies like Schneider
electric , Manipal group have automated payroll software to manage compliance to ESI,
Provident fund and the like.
Within a corporation, top-down support is critical. If senior management does not act
ethically and support others who do, an organization's ethical code will have little meaning. It
is critical for managers and executives to:
8. act consistently with the company's ethical standards
apply those standards in dealing with employees
Compliance to workplace ethics is thus mandatory and is regulated by different acts in different
geographical locations. Sexual harassment at work is against the law in United States .It is a major
barrier to women participating fully in paid work . The office of Civil Rights is the contact point
for sexual harassment at the workplace. The office of Civil Rights i.e S/OCR(for advancing
diversity within the department and ensuring equal opportunity to all employees.) has
responsibility for investigating or overseeing investigations of alleged sexual harassment. S/OCR
is committed to ensuring that all investigations of sexual harassment are conducted in a prompt,
thorough, and impartial manner. Processes like Mediation, grievances, filing case under the Equal
Employment Act ,can be resorted to by an employee. Under this context ,the leading coffee retail
chain Café Coffee Day Human Resources head Mr. Bala has mentioned that compliance to
workplace ethics is important and has been a major issue faced by the managers. There are regular
cases of sexual harassment faced and the organization provides for call centres, helplines,
counselling, direct contact points, mediators to help employees sort out their problems.
Organizations today maintain internal Compliances Committee to ensure compliance. This
compliance is important because the law allows even third parties like contractors, customers and
anyone who is visiting the premises of an organization to file a complaint of sexual harassment
that took place with the workplace. In case of existing employees, the organization can ask the
employees to sign on the amended service rules and share a copy of the sexual harassment policy
and submit the same with the HR.
LEVELS OF COMPLIANCE:
Role based compliance is also important in an organization. As stated by the
STATUTORY COMPLIANCES-CASE 1(SCHNEIDER ELECTRIC-
MANUFACTURING):
STATUTORY COMPLIANCES (Minimum wages +ESI +PF+ payroll+ Gratuity etc.)
DOMAIN (Industry specific certifications for retail ,banking institutions etc.) AND ROLE BASED
COMPLIANCE (Certifications and trainings.)
9. Ramesh Ranjan (Schneider Electric India Pvt.Ltd) expressed his views on global workforce
compliance to be ensured and the role of Human Resources to manage the cultural barriers
during Mergers and Acquisitions. With the increasing complexities of today’s business
environment, it becomes very challenging and monumental to cater to the operational needs
of the business. To manage this organizations seek the help of Statutory Compliance Experts
,which help organizations remain 100 percent compliant. Companies like ADP has much
deeper understanding of compliances and provides specialized services to organizations.
Schneider outsources it’s statutory compliances through PWC Compliance tool which
manages Licensing and registration, preparation and submission of statutory reports.
Organizations, today take proactive approach and reengineer their compliance program.
Schneider which has had an history of acquisitions be it Gunsan Electric, Custom sensors and
technologies, Invensys, Invensys appliance division has ensured to maintain the same
organizational structure, and workplace policies of the acquired company, during mergers
and acquisitions without redefining the organizational structure.
TRAINING BASED COMPLIANCES FOLLOWED AT CAFÉ COFFEE DAY :CASE
2(WITH BALA(GLOBAL HR HEAD-CAFÉ COFFEE DAY-FOOD RETAIL CHAIN)-
At Café Day each Barista undergoes 5 levels of certifications .An Employer who hires a
barista offers on-job trainings in special processes and menus ,generally an official degree is
not required. Baristas who hope to advance to management or business roles might consider
courses in Business and hospitality. CCD in 200 plus cities ensures compliance at all levels.
With it’s, vast zone of operations from woodwork to export of green coffee beans, it makes
sure it complies to all regulatory policies. The Café Manager undergoes a 45 day training
course. Area Manager has to undergo a 15 day classroom and a 3 month shadowing .The
organization ensures approval to 22 laws in overall, from local municipal hygiene approval to
approvals to start a store. While compliance to official timings has also been made
mandatory, there are regular issues and cases of ethical non-compliance. Aparajitha manages
point to point compliance ,solutions to manage national spread, legal opinions on labour
legislations globally, for Café Coffee Day. Also, Schneider Electric outsources it’s
compliance agreements to Aparajitha to ensure labour law, payroll, licensing compliances
efficiently.
10. COMPLIANCE TO SARBANES OXYLEY AND OTHER GOVERNMENT AND
DOMAIN SPECIFIC REGULATIONS:CASE 3(INTERVIEW WITH VARGHESE
FROM VISA INC.-BANKING INDUSTRY):
Visa Inc .ensures compliance to a number of industry standards like FFIEC, Sarbanes Oxyley
Act, vendor onboarding , Sexual harassment, covering all people aspects, system aspects,
network services, data security etc. Online training is imparted to employees for code of
conduct, anti-bribery, money laundering and the policies covered around government
officials. There is zero tolerance against non-compliance to any of the above. Compliance to
setting up the Visa offices at the Bangalore location was outsourced to Ernst and Young
Consultants to manage SEZ zone compliance issues and to maintain a standard checklist to
formulate the action plans. KPMG regulatory compliance also offers compliance to
healthcheck review of human resources in terms of national and international laws,
compensation and benefits reporting for tax, social security etc.
COMPLIANCE TO STATUTORY AND WORKPLACE ETHICS
(Mr.VISHWANATHAN-COMPLIANCE OFFICER AT MANIPAL GROUP-
HEALTHCARE):
The Manipal Group ensures in house and legal compliances with respect to each department
within the organization. ESI and other insurance facilities to employees, with a salary of less
than 15000 is ensured to provide healthcare benefits to them. Training forms an integral part
of their jobs at the Manipal group. NABH ensures regulatory audits and ensures that all the
statutory checklists have been maintained. Occupational Health and Safety compliance is also
ensured in case of radioactive materials usage by hospital staffs. Regular NABH Audits
ensures strict compliance to all safety checklists within the organization.
OSHA COMPLIANCE: The OSHA website at www.osha.gov provides information on
OSHA’s activities and programs, including laws and regulations, Web-based training tools
called “eTools,” posters and other publications, education and training programs, cooperative
programs, and agency contact information. Online users can read OSHA’s e-newsletter,
Quick Takes, which provides timely information about agency activities. A variety of OSHA
publications are available on the agency website and through the OSHA Publications Office.
Publications can be ordered online or by calling (800) 321-OSHA. In addition, employers and
11. employees can call (800) 321-OSHA toll-free for workplace safety and health information or
assistance 24 hours a day. Employers and employees can also submit questions electronically
to OSHA by clicking on the “Contact Us” link at the bottom of each OSHA webpage. Non-
English-speaking Employers and Employees OSHA maintains a Spanish-language webpage
at www.osha.gov/as/opa/spanish/index.html and a page with compliance assistance resources
for employers with Hispanic employees at www.osha. gov/hispanic. Many OSHA
publications, training materials, and videos are available in Spanish. Education and Training
Options The OSHA Outreach Training Program trains individuals to teach others the basics
of occupational safety and health. After taking a one-week course, trainers teach 10- or 30-
hour courses on construct FactSheet OSHA Compliance Assistance OSHA offers a variety of
compliance assistance products and services to help employers comply with OSHA
requirements and prevent or reduce workplace fatalities, illnesses, and injuries. These
resources include the OSHA website, publications and guidance documents, training
materials and courses, cooperative programs, free On-site Consultation services, and
Compliance Assistance Specialists. OSHA’s On-site Consultation Program offers free and
confidential assistance to small and medium sized businesses in all states across the country,
with priority given to high-hazard worksites. Consultation services are totally separate from
enforcement and do not result in penalties or citations. The service is largely funded by
OSHA and delivered by state governments using well trained professional staff. Employers
can use this service to identify and correct hazards at their worksites and improve their safety
and health management systems. Additionally, the On-site Consultation Program recognizes
small employers that operate exemplary safety and health management systems through the
Safety and Health Achievement Recognition Program (SHARP). Active SHARP sites are
exempt from OSHA’s programmed inspections.
IMPORTANCE OF ROLE BASED COMPLIANCE:
Certification courses and trainings form an important part of each stage for a Barista at Café
Coffee Day. Each Barista has to complete 5 certifications , a blue master training course ,each
Café Manager has to undergo a 45 day training schedule ,Area Manager has to ensure a 15
day classroom and a 3 months shadowing course ,to ensure they comply to the roles at
different levels of the organization. Schneider electric sales team needs to undergo sales
certifications at various organizational levels ,to comply to the needs of the Sales team.
12. ROLE COMPLIANCE EXAMPLE:
(AS PER
THE
INDIAN
STANDA
RDS)
ROLE BASED
COMPLIANC
E RETAIL
INDIA vs
U.S.A
(AS
PER
U.S
STAN
DARD
S)
.
(assumpti
on: varies
with
experienc
e)
Retail
industry
roles Key skills Certifications
Salary
(average)
Retail
industry
roles
Cer
tifi
cati
ons
Salary
(avera
ge)(in
dollars
)
Customer
sales
assistant(l1
)
High school
diploma, IT skills,
SVQ/NVQ Retail
operations at level 2
and 3
GCSE in
English and
Maths.
173,542
to Rs
366,418
Custom
er sales
assistan
t
10,38,
996 p.a
Interaction,
Communication,
GCSEs in English
self-confidence,
stamina, GCSE in
Maths.
Sales
Assistant(l
2)
Team player,
Communication,
MS office skills
series 11,series
7 exams for
finance sales
assistants.
2,24,000-
3,34,000
per
annum
Sales
Manage
r
6,93,0
00 p.a
13. self-confidence,
stamina.
RETAIL
MANAG
ERS
RETAI
L
MANA
GER
Retail
Assistant
manager
Foundation
Degree in Retail
Management
Rs
234,529
to Rs
478,823
Retail
Assista
nt
Manage
r
36,54,
000 p.a
5 GCSE, grades
A-C), but maths
and IT tend to
be looked for
the most. A
Levels, a
foundation
degree in retail
management,
business,
marketing and
BTEC National
Diplomas.
Retail
Store
Manager
Positive thinking,
Extrovert, MBTI
test.
HND/HNC is
retail, marketing
or business
212,817
to Rs
498,438
Retail
Store
Manage
r
28,98,
000 p.a
Communication
,MBA(not-
mandatory)
Diploma in
store
management.
14. Retail Area
Manager
MBA, confidence,
Communication,
Foundation
Degree in Retail
Management
Rs
437,562
to Rs
876,977
Retail
Area
Manage
r
626,11
7 p.a
MBTI test
Retail
Merchandi
ser
Team player, MBA,
Communication
skills
Merchandising,
Product
Sourcing,
Rs
232,058
to Rs
431,807
Retail
Mercha
ndiser
11928
42
MBTI test
Control ,sales
,Quality
Checking
,Validation
Price
Negotiations,Ins
pection.
IMPORTANCE OF DOMAIN BASED COMPLIANCES:
Domain specific compliances includes PCIDSS standards maintained by payment card
gateways which provides an actionable framework for developing a robust payment card data
security process -- including prevention, detection and appropriate reaction to security
incidents. Tools to assist organizations validate their PCI DSS compliances include Self-
Assessment Questionnaires .ISO 19600:2014 provides guidance for establishing, developing,
implementing, evaluating, maintaining and improving an effective and responsive
compliance management system within an organization. Compliance to Sarbanes Oxley Act
302 lists all deficiencies in internal controls and information ,as well as report any fraud
involving internal employees. Any financial data needs to be safeguarded and specific
internal security controls need to be initiated to protect data and this security posture re-
15. assessed every year – including any changes or deficiencies as a result of changing
conditions.
Thus compliance being a very mandatory part of an organization needs to be ensured at the
statutory level, domain level and at the organizational level . In case of non-compliance ,
fines, imprisonment and payment of arrears can be applied as per law.
REFERENCES:
http://www.hrzone.com/perform/business/analysing-analytics-what-does-big-data-
mean-for-hr
http://www.tutorialspoint.com/management_concepts/pert_estimation_technique.htm
http://www.whatishumanresource.com/the-industrial-disputes-act-1947
http://cifo.in/uploads/28002157-Introduction-to-Indian-Labour-Laws.pdf
http://www2.schneider-
electric.com/sites/corporate/en/finance/presentations/acquisitions/acquisitions.page
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