The document provides an overview of staffing models and legal compliance related to staffing. It defines staffing as acquiring, deploying, and retaining a workforce. It discusses different staffing models including the person-job match model, person-organization match model, and staffing organizations model where staffing is aligned with organizational strategy. It also outlines some of the key laws and regulations related to staffing and employment such as the Industrial Disputes Act, Factories Act, Contract Labour Act, and Workmen's Compensation Act.
Since conduct is behavior, misconduct is behavior that's not quite right: some kind of shady or criminal conduct. If an accountant cooked the books — lied about finances — that's misconduct. A police officer taking a bribe is guilty of misconduct. Often, misconduct specifically refers to someone who does improper things on behalf of someone else, like the misconduct of a dishonest lawyer.
Future Workforce 2019: How Younger Generations are Reshaping the Future Workf...Upwork
The Future Workforce Report, conducted by an independent research firm and commissioned by Upwork, surveyed over 1,000 U.S. hiring managers and shows how Millennial and Gen Z managers are redefining the future of work. Forty-eight percent of younger generation managers are director-level or higher already, showing they have a major influence on workforce planning. Find out what the future holds as these younger generations become the workforce majority.
Reward is an incentive plan to reinforce the desirable behavior of workers or employers and in return for their service to the organization.
Compensation and Reward system plays vital role in a business organization.
Reward Management is concerned with the formulation and implementation of strategies and policies that aim to reward people fairly, equitably and consistently in accordance with their value to the organization.
Since conduct is behavior, misconduct is behavior that's not quite right: some kind of shady or criminal conduct. If an accountant cooked the books — lied about finances — that's misconduct. A police officer taking a bribe is guilty of misconduct. Often, misconduct specifically refers to someone who does improper things on behalf of someone else, like the misconduct of a dishonest lawyer.
Future Workforce 2019: How Younger Generations are Reshaping the Future Workf...Upwork
The Future Workforce Report, conducted by an independent research firm and commissioned by Upwork, surveyed over 1,000 U.S. hiring managers and shows how Millennial and Gen Z managers are redefining the future of work. Forty-eight percent of younger generation managers are director-level or higher already, showing they have a major influence on workforce planning. Find out what the future holds as these younger generations become the workforce majority.
Reward is an incentive plan to reinforce the desirable behavior of workers or employers and in return for their service to the organization.
Compensation and Reward system plays vital role in a business organization.
Reward Management is concerned with the formulation and implementation of strategies and policies that aim to reward people fairly, equitably and consistently in accordance with their value to the organization.
The basic objective of compensation management can be briefly termed as meeting the needs of both employees and the organization. The Employer wants to pay little salaries and wages to the workers to manage their working costs. Employees wants to get paid high as possible.
The basic objective of compensation management can be briefly termed as meeting the needs of both employees and the organization. The Employer wants to pay little salaries and wages to the workers to manage their working costs. Employees wants to get paid high as possible.
KPIs: Establishing Linkages between Strategy and Results: In the staffing industry, it is critical to determine appropriate quantifiable parameters to evaluate strategies such as sourcing.
Predictive Analytical Models: Anticipating demand & supply movements is a key differentiator for business, more so for staffing.
Real Time Solutions: We believe speed is of paramount importance in the staffing industry.
Business Applications of Predictive Modeling at Scale - KDD 2016 TutorialQiang Zhu
Predictive modeling is the art of building statistical models that forecast probabilities and trends of future events. It has broad applications in industry across different domains. Some popular examples include user intention predictions, lead scoring, churn analysis, etc. In this tutorial, we will focus on the best practice of predictive modeling in the big data era and its applications in industry, with motivating examples across a range of business tasks and relevance products. We will start with an overview of how predictive modeling helps power and drive various key business use cases. We will introduce the essential concepts and state of the art in building end-to-end predictive modeling solutions, and discuss the challenges, key technologies, and lessons learned from our practice, including case studies of LinkedIn feed relevance and a platform for email response prediction. Moreover, we will discuss some practical solutions of building predictive modeling platform to scale the modeling efforts for data scientists and analysts, along with an overview of popular tools and platforms used across the industry.
The human resources (HR) function is at the centre of most employers’ efforts to identify, hire and retain the people the organization needs to execute its strategy and achieve its goals.But the HR function is a key player within the organization’s compliance structure as well.
There are numerous laws and regulations governing the employment relationship that HR professionals must understand and navigate in order to help ensure their organizations avoid costly fines and other penalties, including the potential harm to the organization’s reputation.
This presentation will help the organizations to focus on the HR legal requirements and manage the HR compliance in an effective manner.
Running Head EMPLOYMENT LAW REPORT .docxsusanschei
Running Head: EMPLOYMENT LAW REPORT
EMPLOYMENT LAW REPORT 8
Employment Law Report
Lourde Owens
HRM/531
Mar. 16, 2017
Richards Sims
Employment Law Report
The employment law governs the legal relationship between employer and employee. These laws aim at protecting workers’ rights by promoting health and safety, providing social security and protecting workers from discrimination. Labor laws are based on federal and state constitution law . There are two categories of labor law: individual labor law that cover the employees’ rights in workplaces and collective labor law that cover union, employer and employee relationship. Good overview note edit—pay attention to details.
Human capital is a combination of an individuals' attributes, experiences, skills, and knowledge that enables one to perform labor for the production of economic value. It is sometimes referred to as intellectual capital as it reflects the creativity, skills, and knowledge that individuals contribute to organizational success. Human capital being an asset in any business or organization requires being protected by laws. The laws which are related to human resource employment laws are enforced by the Department of Labor (DOL).
The Toyota group organization is one of the world's leading automobile manufactures with its headquarters in Japan. Toyota organizational structure provides a degree of flexibility that empowers to respond to issues and promote quality production. Among the eight regional divisions is North America which has over ten thousand employees and like all other organizations in America, it is under the Federal laws and regulation and is well aware of the employment laws.
-- what about citation reference for source of this information
Human Capital Management (HCM) refers to the process of upgrading the prevailing skills of an employee through training and extracting the best out of him or her to contribute to the growth of the organization. HCM plays a role in attracting, developing and rewarding an organization’s greatest asset. The initial step for effective? human capital management is to recognize employees as the most valuable asset and biggest investment in the organization (Sadiq, 2017).
Human capital management in Toyota organization is based on certain applications that include core administration support such as personnel administration, payroll and service center. The organization's HRM is responsible for all aspects of developing and rewarding the employees and promoting innovation to encourage high-performing platform where all workers can thrive. It also provides educational training to boost professional growth and performance of its workers. Technology has played a key role in making HRM simpler as it has automated onboard procedures whereby employers can easily create, organize and monitor n ...
This research paper provides a brief of the important HR Policies
that every organization must have to ensure a harmonious work
culture, Hypothetical Case Studies with critical questions that
every organization has to address in their policies and Actual Case
Studies that give a glimpse of real-world Employment Law Cases
and their respective Worst-Case Analysis.
Definition of Training
Training Design Process
The Forces influencing working and learning
The Strategic Training and Development Process
Organizational Characteristics that Influence Training
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Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
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It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
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The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
3. Staffing Model
Defining “staffing”
“the process of acquiring, deploying, and
retaining, a workforce of sufficient quantity and
quality to create positive impacts on the
organization’s effectiveness”
Acquiring: external staffing, new blood
Deploying: internal staffing (promotion, transfer)
Retention: turnover, compensation, etc.
4. Can “good” staffing lead to better organizational
effectiveness?
Yes, strongly supported by research findings
Youndt et al., (1996, Academy of Management Journal)
– Selectivity +ve organizational performance
Greer et al. (2001, Journal of Business Research)
– Countercyclical hiring +ve organizational performance 2
years later
Russell (2001, Journal of Applied Psychology)
– Using the effective selection system used by a Fortune 500
organization resulted in more profits.
5. The Big Picture
Organizations are combinations of physical, financial,
and human capital
Human capital
Knowledge, skills and abilities of people
Their motivation to do the job
Scope of human capital
An average organization’s employee cost (wages or
salaries and benefits) is over 25% of its total revenue
Organizations that capitalize on human capital have a
strategic advantage over their competitors
1-5
6. Staffing Model: The Basic Model
Staffing = counting
Considering quantity but not quality
The simplest model
7. Staffing Model:
The person/job match model
Staffing = counting + the person-job match
Job characteristics x individual characteristics
– Designers: create new items
» Creative, imaginative
– Social workers: help people with problems
» Empathetic, not selfish
– Researchers: discover new knowledge
» Hardworking, curious to knowledge
9. Staffing Model:
The person/organization match model
Staffing = counting + the person-job
match
Job characteristics
x
individual characteristics
x
organizational contexts
–Organization values, culture, career development
11. Concepts: Person/Organization
Match Model
Organizational culture and values
Norms of desirable attitudes and behaviors for employees
New job duties
Tasks that may be added to target job over time
“And other duties as assigned . . . “
Multiple jobs
Flexibility concerns - Hiring people who could perform
multiple jobs
Future jobs
Long-term matches during employment relationship
1-11
13. Staffing Model:
Staffing Organizations Model
Strategic Human Resource Management
Organizational Strategy HR (Staffing) strategy
Staffing becomes part of the overall organization strategy
Core staffing activities are carefully “regulated” to match the organization
strategy
14. Components of Staffing - Organizations
Model
Organizational strategy
Mission and vision
Goals and objectives
HR strategy
Involves key decisions about size
and type of workforce to be
Acquired
Trained
Managed
Rewarded
Retained
May flow from organizational strategy
May directly influence formulation of organization
strategy
1-14
15. Continued..
Staffing strategy
An outgrowth of the interplay between organization and
HR strategy
Involves key decisions regarding acquisition, deployment,
and retention of organization’s workforce
Guide development of recruitment, selection, and employment
programs
Support activities
Serve as foundation for conduct of core staffing activities
Core staffing activities
Focus on recruitment, selection, and employment of
workforce
Staffing and retention system management 1-15
17. What is Staffing Strategy?
Definition
Requires making key decisions about acquisition,
deployment, and retention of a company’s
workforce
Involves making 13 key decisions
Decisions focus on two areas
Staffing levels
Staffing quality
1-17
18. Staffing Levels
Acquire or develop talent
Lag or lead system
External or internal hiring
Core or flexible workforce
Hire or retain
National or Global
Attract or relocate
Overstaff or understaff
Hire or acquire
19. Staffing Quality
Person/job or person/organization match
Specific or General KSAOs
Knowledge, Skills, Abilities, and Other characteristics
Exceptional or Acceptable Workforce Quality
Active or passive diversity
21. The Employment Relationship
Employer-employee
Most prevalent form of employment relationship
Involves an agreement between employer and employee
on terms and conditions of employment
Results in an employment contract
Independent contractors
Are not considered employees, in a legal sense, of
employer
Temporary employees
Do not have special legal stature
2-21
22. Ex. 2.1: Matching Process, Employment Contract,
and Employment Process
2-22
23. Laws and Regulations
Need for laws and regulations
Balance of power
Protection of employees
Protection of employers
Sources of Laws and Regulations
Common law
Constitutional law
Statutory law
Executive order
Agencies
2-23
24. Ex 1.8: Suggestions for Ethical Staffing
Practice
Represent the organization’s interests.
Beware of conflicts of interest.
Remember the job applicant.
Follow staffing policies and procedures.
Know and follow the law.
Consult professional codes of conduct.
Shape effective practice with research results.
Seek ethics advice.
Be aware of an organization’s ethical climate/culture
1-24
25. FOREIGN DIRECT INVESTMENT
India today allows investment in mostly all sectors and
remains one of the most attractive emerging markets.
A foreign investor whilst making investment in India has
to make itself aware of the complex labour laws in India.
The Indian labour laws place considerable restrictions on
the freedom of an employer to reduce work force,
dismiss its employees, close down factory etc.
In order to understand the degrees of Employment /
Labour & Industrial law it would be pertinent to
differentiate between the law applicable to executive &
management (white collar ) job and workmen (blue
collar) job.
26. Knowledge of Law provisions …
LABOUR LAWS
• Apprentice Act 1961
• Contract Act 1872
• Contract Regulation & Abolition Act 1970
• Employees Provident Fund Act 1952
• Factories Act 1948
• Industrial Dispute Act 1947
• Industrial Standing Order Act 1946
• Minimum Wages Act 1948
• MRTP(Monopolistic and Restrictive Trade Practice under
MRTP Act, 1969)
• Payment of Wages Act 1936
• Payment of Gratuity Act 1972
• Trade Union Act 1926
• Workmen’s Compensation Act 1923
27. Knowledge of Law provisions …
BUSINESS LAWS
•
• Companies Act 1956
• Income Tax Act 1948
• Air Pollution Act 1981
• Water Pollution Act
• Bombay Sales Tax Act 1959
• Central Sales Tax Act
• Central Excise Act 1944
• Custom Act 1944
• Consumer Protection Act 1986
• Essential Commodities Act 1955
• Environmental (Protection) Act 1986
• Monopolies & Restrictive Trade Practices Act 1969
• Foreign Exchange Regulation Act 1973
28. SOME IMPORTANT LABOUR LAWS APPLICABLE
TO WORKMEN
In India several labour laws regulate various conditions of work, wages, service,
labour relations and other such related matters and for the present presentation we
will discuss the complex labour laws in the Organized sector in India. Some of the
relevant laws which are discussed here are as follows:
The Industrial Disputes Act, 1947;
The Factories Act, 1948;
Shops and Establishment Acts of various states;
The Contract Labour (Regulation and Abolition) Act, 1970;
The Trade Unions Act, 1926;
The Workmen’s Compensation Act, 1923;
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;
The Employees’ State Insurance Act, 1948;
29. THE INDUSTRIAL DISPUTES ACT, 1947
(IDA)
IDA - is an Act to make provision and settlement of
Industrial Disputes with the objective to maintain industrial
peace and economic justice.
IDA categories employees into workman and non-
workman.
Section 2 (s) of IDA defines workman.
“Workman” means any person employed in any industry to
carry out manual, skilled and unskilled, technical,
operational, clerical or supervisory work for hire or reward.
The definition specifically excludes – persons employed in
managerial or administrative capacity and also those
persons (otherwise falling within the definition of workman)
30. An Act to provide for the payment by certain classes of employers to the
workmen of compensation for injury by accident.
Employer is liable to pay compensation to the employee in case of injury
arising out of and in the course of his employment.
The liability to pay compensation is independent of any neglect or wrongful
act of the employee.
However, employer shall not be liable if injury does not exceed 3 days or the
workmen was under influence of drugs/alcohol, willful disobedience of rules
and safety guards.
Workmen shall be deemed to have been injured in case of contracting
occupational disease in the course of his employment.
The Schedules under the Act detail the amount of compensation for different
type of injuries.
Provides for one-time payments in case of death and in case of permanent
disablement, compensation is made depending on the percentage of loss of
earning capacity.
Once an employee elects to file proceedings under this Act he cannot file
civil suit for damages thus the Employer is protected from double
proceedings.
THE WORKMEN’S COMPENSATION ACT, 1923
31. TRADE UNIONS ACT, 1926
This Act provides for the registration of Trade Unions and in certain
respects to define the law relating to registered Trade Unions
Seven or more persons can get together to form a Trade Union.
In order for the Trade Union to register it has to have at least ten
percent or one hundred of the workmen which ever is less as its
members.
Section 9 - On registration the Registrar will issue a Certificate of
Registration.
Section 19 – agreement between members will not be void or
voidable merely by reason that the object of the agreement
amounts to restraint of trade.
32. FACTORIES ACT , 1948
Employers are required to follow stringent licensing and safety measures.
Factory is defined as a place where ‘manufacturing process’ is carried out using 10
workers using electrical power or 20 workers without power.
‘Manufacturing process’ also includes petrol pumps, retail workshops, handicraft
industries etc.
Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added
making disclosures mandatory for hazardous processes.
The working hours, leave , weekly days off and wages are similar to Shop and
Establishment Acts- this is discussed later herein.
Under the Act the “occupier “ is responsible for all compliances and in the case of an
incorporated company the Director on the board of the company must be designated
for the purpose of an “occupier”. Failing which all directors could become liable.
33. SHOPS AND ESTABLISHMENT
In India most States have a legislation (Shop and Establishments Act) in place
which regulate aspects such as working hours, leave with pay, overtime etc.
Shop and Establishments Act apply to shops, commercial establishments,
banks, insurance companies, hotels, restaurants, software companies and other
service providers. However, they do not apply to factories as Factories Act,
1948 governs that conditions.
The establishment are required to register in each city under the Act. Some of
the salient features is discussed herein of Bombay Shop and Establishment Act,
1948 (“BSA”) which are akin to the enactment of other States.
Working hours for 48 hours per week spread over 6 days is permitted.
Overtime payment is made at the double normal hourly rate.
Employee who has worked minimum 240 days will become eligible for 21 days
paid leave and employee is not allowed to accumulate more than 42 days leave.
BSA also has provisions regarding toilets, hygiene etc. and makes provisions for
maternity benefits etc.
34. THE CONTRACT LABOUR (REGULATION AND
ABOLITION) ACT, 1970
An Act to regulate employment of contract labour in certain establishments
and to provide for its abolition in certain circumstances and for matters
connected therewith
Allows Employers (principal Employers) to use Contractors for supply of
labour.
It applies to establishments employing twenty or more persons.
It does not apply to establishments where nature of work is intermittent or
casual.
Principal Employer as well as the Contractor have to register themselves.
The Contractor has to provide amenities and facilities which include
canteens, rest-rooms, first-aid facilities etc.
In case the Contractor fails to provide the facilities the Principal Employer
will have to provide the same and adjust and recover the expense from the
Contractor.
Both the Principal Employer and the Contractor have to maintain Registers
and Records of the Contract Labour employed.
The appropriate Government in consultation with the Central and State
Board can prohibit employment of contract labour in any process, operation
and establishment- if it is of the view that it is perennial in nature, the work
can be carried out by regular workmen.
35. WORKMAN V/S NON-WORKMAN
The Labour can be broadly classified in two main categories i.e. unorganized
sector and organized sector.
Unorganized sector includes small establishments and employment
relationships of irregular duration and not regulated by any of the labour laws.
For e.g. Artisans, petty shopkeepers, hawkers etc.
Organized sector is identified by specified/fixed operating conditions laid down
by various labour law.
Workman derives certain rights and benefits from the various labour and
industrial laws in India.
Non-workman is defined as employees carrying out managerial and
administrative work and their terms of employment is essentially derived from
the contract drawn up between the Company.
36. NON-WORKMAN IN PRIVATE SECTOR
Primarily, none of the Labour Laws apply to non-workmen and
service condition of such employees are governed by the
respective contracts and general service conditions (if existing).
In case of termination, courts cannot reinstate the Employee.
Employee only has recourse for damages.
Courts in India are conservative in awarding damages and
punitive damages are rarely awarded.
37. SOCIAL SECURITY LEGISLATIONS
The Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952 (EPFA).
EPFA applies to establishments and factory employing 20 or more
persons.
Employee drawing salary upto Rs.6,500/- per month has to become
member of the provident fund.
EPFA in provident fund scheme provides wherein 12% is contributed by
both the employee and the employer with administration charge of 1.5%.
In Pension/Superannuation fund scheme a part of the contribution to the
provident fund (8.33%) is diverted to this scheme.
The Deposit Linked Insurance Fund Scheme is for providing Life
Insurance benefits. The employer contributes 0.5% and 0.01% towards
administrative cost of the basic wages.
38. ………CONTD
The Payment of Gratuity Act, 1972
It applies to factories, mine, oilfield, plantation, port , railway,
Shops and Establishments employing ten or more persons.
Applicable to employees who have rendered continuous service
for five years.
Employees with less than five years will be entitled in case of
death or disablement.
Employer has to pay within 30 days from the date it becomes
payable to the employee.
Total amount of gratuity payable shall not exceed Rs.3,50,000/-
to 10 Lakhs unless there is a contract to the contrary.
Compulsory insurance is necessary towards gratuity from Life
Insurance Corporation, unless employer exempted from the
Government.
Gratuity is calculated at the rate of 15 days wages for every
completed year of service or a part thereof exceeding six
months.
39. ………CONTD
The Employees’ State Insurance Act, 1948
The contribution under this Act of an employee comprises of
contribution payable by the employer and the employee.
Presently every insured employee and his employer have to
pay the Employees State Insurance Corporation at the rate of
1.75% and 4.75% respectively of the wage of the employee.
Under the Act, the employer is liable to pay compensation to
workmen incapacitated due to an accident arising out and in the
course of employment.
40. VOLUNTARY RETIREMENT SCHEME (VRS)
VRS is also popularly known as ‘golden handshake’.
Allows industrial establishments to shed work force without
contravening labour laws.
In the nature of self induced retrenchment and is a legal
way to downsize.
In M&A allows companies to downsize the target
company, however in preparation of the VRS certain
technicalities are involved.
VRS payment is generally based on years of service.
At the same time the company cannot compel the workers
to accept VRS and it has to apply uniformly and cannot be
applied selectively.
41. NON-COMPETITION AND PROTECTION OF
CONFIDENTIAL INFORMATION
Under section 27 of the Indian Contract Act, 1872 an agreement which is in
restraint of trade is considered as void.
However, the courts are loathe to problems faced by the employers and have
recognized the need to protect confidential information. The Supreme Court in
the case of Niranjan Shankar Golikari v. Century Spg. & Mfg. Co. Ltd. reported
in AIR 1967 SC 1098 held that when an employee for a term binds himself not
to take employment during that term it will not be hit by section 27 and
restrained the employee from serving anywhere else for the duration of the
agreement.
The Indian courts have in cases of “non-compete clause” in employment
agreement differentiated them as in during the term and after the term of
employment.
Terms which restrict employment after the expiry of the agreement the courts
have applied the ‘reasonableness’ test and the view has been that the livelihood
cannot be taken away and therefore would be hit by section 27.
42. WHEN TERMINATION OF EMPLOYMENT IS
ILLEGAL IN LAW
Workmen get protected under various legislations in India. Under section
9A of IDA it becomes difficult to vary the terms and conditions of the
workman.
It will be illegal to retrench and lay off if statutory conditions are not
fulfilled and prescribed compensation is not paid to the workmen.
In certain cases Appropriate Government’s prior permission is also
required.
Termination of employees not workmen will be governed by the terms of
their appointment letter / employment contract and follows, any
termination not as per their contract may be construed to be illegal.
43. DRAFTING OF EMPLOYMENT CONTRACTS FOR COMPANIES SETTING
UP OPERATIONS IN INDIA
Identify the long term requirement of employees.
Identifying the workmen and employees not covered under definition of workmen,
respectively.
Local laws of the State should be borne in mind while drawing up the contracts
Issue appointment letters which clearly define the employment terms and conditions.
Employment contracts, where necessary, should be put in place with clauses for wages,
benefits, non-compete, confidentiality, term, termination etc.
Depending on the requirement, use fixed term contracts for workmen.
The terms and conditions of the employment should be clearly explained to employees
before execution and should be drafted without any ambiguity.
44. FIXED TERM CONTRACTS- SECTION 2(OO) (BB)
It applies to workmen under a contract for fixed term and termination of such
workmen would not amount to retrenchment.
The Supreme Court in the case of Harmohinder Singh v kharagh canteen, Ambala
reported in (2001) 5 SCC 540 has held that an employee’s services could be
terminated on the basis of a stipulation in his contract fixing a particular tenure
or period beyond which the employee would be discharged.
The Supreme Court in the case of Morinda Co-operative Sugar Mills v Ram Krishna
reported in (1995) 5 SCC 653 has held that seasonal workers by their nature of
employment would be covered under section 2(oo) (bb).
Recently, the Supreme Court in the case of Kishor Chandra Samal v Divisional
Manager, Orissa State Cashew Development Corporation, reported in JT 2005 (10) SC
46 has held that even if there were repeated contracts issued for successive
terms spread over several years, so long as each contract was for a fixed
period, section 2(OO) (bb) would apply, and termination of employment would
stand excluded from the definition of “retrenchment”.
45. FIXED TERM CONTRACTS- SECTION 2(OO) (BB)
It applies to workmen under a contract for fixed term and
termination of such workmen would not amount to
retrenchment.
The Supreme Court in the case of Harmohinder Singh v kharagh
canteen, Ambala reported in (2001) 5 SCC 540 has held that an
employee’s services could be terminated on the basis of a
stipulation in his contract fixing a particular tenure or period
beyond which the employee would be discharged.
The Supreme Court in the case of Morinda Co-operative Sugar Mills
v Ram Krishna reported in (1995) 5 SCC 653 has held that seasonal
workers by their nature of employment would be covered under
section 2(oo) (bb).
Recently, the Supreme Court in the case of Kishor Chandra Samal
v Divisional Manager, Orissa State Cashew Development Corporation,
reported in JT 2005 (10) SC 46 has held that even if there were
repeated contracts issued for successive terms spread over
several years, so long as each contract was for a fixed period,
section 2(OO) (bb) would apply, and termination of employment
would stand excluded from the definition of “retrenchment”.
46. LAY-OFF AND RETRENCHMENT OF WORKMAN IN
PRIVATE SECTOR
Section 2 (kkk) defines “lay-off” the failure of the employer to
provide employment due to shortage of raw material, power etc.
but who has not been retrenched.
Section 2 (oo) defines “retrenchment” as termination of a
workman for any reason whatsoever otherwise than voluntary
retirement, reaching age of superannuation, non renewal of
contract or termination due to continued ill-health.
Section 2 (oo) (bb) – provides for termination of the service of a
workman as a result of the non-renewal of the contract of
employment between the employer and the workman
concerned on its expiry or of such contract being terminated
under a stipulation in that behalf contained therein.
47. CHAPTER VA AND VB OF IDA WITH REFERENCE TO LAY-OFF,
RETRENCHMENT, TRANSFER AND CLOSURE
Chapter VA applies to industrial establishment - in which less than fifty workmen on
an average working day have been employed in the preceding calendar month and
which are seasonal in character.
Section 25C- A workman laid-off under this Chapter is entitled to fifty percent of his
basic wages and dearness allowance.
The workman who has been in continuous service for at least one year (a year being
defined as 240 days of actual work) is terminated, covered under chapter VA, the
conditions listed below will have to be fulfilled.
Section 25F- Workman cannot be retrenched unless the employer has complied with
– (i) giving one months notice in writing, (ii) paid compensation equivalent to 15 days
average pay (for every completed year of continuous service) or any part thereof in
excess of six months and (iii) notice in the prescribed manner to the appropriate
Government.
48. CHAPTER V B CONTD.
Chapter VB applies to industrial establishment in which not less than
one hundred workmen were employed on an average per working
day for the preceding twelve months.
Section 25M – Prohibits the employer to lay- off except with the prior
permission of the appropriate Government unless it is due to the
shortage of power or due to natural calamity.
Section 25N – No workman to which this chapter applies can be
retrenched until the employer (i) has given three months notice in
writing with reasons for retrenchment and (ii) prior permission has
been obtained from the appropriate Government (‘specified
authority”).
An extremely compelling case has to be made out in the application
to the appropriate Government, but even so the Government rarely
grants this permission.
49. TRANSFER AND CLOSURE
Section 25FF- provides for transfer of an undertaking , whether by
agreement or operation of law, in which case workmen are entitled to
compensation as if the workman had been retrenched.
The transferee of the undertaking is not bound to take the employees.
The transferor is only bound to compensate the workman as if he is deemed
to be retrenched
50. ……. CLOSURE – CHAPTER VB
Section 25-O provides the procedure for closure.
An employer intending to close the undertaking has to take at
least 90 days’ prior permission of the appropriate Government.
If the appropriate Government does not communicate within 60
days, permission will be deemed to have been granted.
On permission being granted, workman will be entitled to
receive compensation which shall be equivalent to fifteen days’
average pay for every completed year of service or any part
thereof in excess of 6 months.
51. EMERGING TRENDS IN LABOUR LAW IN INDIA
There is a change in the mind-set of the courts and it is being
seen that the courts are interpreting laws more liberally that is
providing the employer more flexibility.
Several amendments are on the anvil which will give the
freedom to the employers by not being required to make an
employee permanent, even if the employee has completed 240
days.
Labour laws in the Special Economic Zone (SEZ) are to be
amended substantially with amendment in the Contract Labour
(Regulation and Abolition) Act, 1970 which will allow the
employers to follow a hire and fire policy under certain
conditions.
52. CONTRACT REGULATION & ABOLITION ACT
1936
Under Section 7, Registration of Establishment is necessary wherein
the labours are employed under contracts. All contractors are
expected to get the license under the provisions of section 12 of
this Act.
Application for such licenses are to be submitted along with the
Certificate from principal employer. This application for license
contains details like details of work, expected dates of
commencement & completion, Maximum number of labours
proposed to be deployed.
Under Rule 81, Principal Employer is expected to submit returns
within 15 days of the commencement of work or completion of
work under each contractor in form VI-B. and to send the annual
report/ return in Form-XXV before 15th February.
53. The authorised supervisor executing The work has to perform
statutory duties of examining following documents
• Muster Roll in Form XVII
• Register of Wages in Form XVIII
• Register of Deductions in Form XX
• Register of Fines in Form XXI
• Register of Advances in Form XXII
• Register of Overtime in Form XXIII
• Wages slip to be given in Form XIX
All these documents are to be maintained by the contractors
under Rule 78. By virtue of sections 16 to 19, the Principal
Employer has to provide facilities for the Welfare of contract
labours like Canteen, Rest Rooms, Other facilities and First
Aid facilities. Responsibility for payment of wages to
Labours rests on Principal Employer u/s 21.
54. The Principal Employer has to maintain
following records
Rule 74 : Register of Contractors in Form XII
Rule 75 : Register of Person Employed in Form XIII
Rule 76 : Employment Card/Form XIV, Contractor to
issue
Rule 77 : Service Certificate in Form XV
Rule 79 : To display Abstract of Act.
Chapter VI: Penalties and Procedure
Section 22 : Obstruction to Inspectors [3 months/Rs 500]
Section 23 : Contravention of provisions [6 months/Rs
1000]
Section 24 : Other Offences [8 months/Rs 1000 & Rs 100
per day]
Section 25 : Offences by Companies
Section 26 : Cognizance of offences
Section 27 : Limitation [3 months]
55. MINIMUM WAGES ACT 1948
CHAPTER I : Fixing Minimum wages for specified
employees under provisions of section 3,4 & 5.
CHAPTER II : Procedure for Revision of rates.
CHAPTER III : Constitution of Advisory Board & Committees
under section 7, 8 & 9
CHAPTER IV : Fixing Hours for normal working days under
section 13
CHAPTER V : Maintenance of registers and records
CHAPTER VI : Provision related to Claims & Penalties
56. WORKMENS’ COMPENSATION ACT 1926
CHAPTER I : Definition part
CHAPTER II : Provisions regarding
Compensation
CHAPTER III : Various authorities
under Act, their powers
& procedures
CHAPTER VI : State Govt’s power
to make rules
57. INDUSTRIAL DISPUTE ACT 1947
CHAPTER I : EXTENT AND DEFINITIONS- It contains important
definitions of Employer, Industrial disputes, Layoffs, Lockouts, Public
Utility Company, Retrenchment, Unfair Labour Practice
CHAPTER II : Section 3 to 9 - Authorities under the Act: Works
ommittee, Conciliation Officer, Board of Conciliation, Labour Courts,
Industrial Courts, Industrial Tribunal, National Tribunal
CHAPTER III : Reference of Dispute, Notice under section 22 &
Voluntary Reference of Disputes
CHAPTER IV : Section 11 to 21 Powers & Duties
CHAPTER V : Section 22 to 25 : Strikes & Lockouts
CHAPTER VA : Section 25 A to J Layouts & Retrenchment
CHAPTER VB : Section 26 to 31 Misc Provisions
58. FACTORIES ACT 1948
CHAPTER I : Preliminaries
CHAPTER II : The Inspecting Staff
CHAPTER III : HEALTH: S.11-Cleanliness, S.12-Disposal of waste,
S.13-entilation/Temp., S.14-Dust & fumes, S.16-Overcrowding, S.17-
Lighting, S.18-Drinking Water, S.19-Latrines/Urinals, S.20-Spittons etc
CHAPTER IV: SAFETY: S.21- Fencing, S-22- Work near
machinery in motion, S.23- Employment of young person, S.24-
Striking Gear, S.25- Self acting m/c, S.26- Casing of new m/c, S.28-
Hoist & Lifts, S.29-Lifting m/cs, chains, ropes & lifting tackles, S.31-
Pressure Plants, S.32-Floors, stairs, S.33-Pits, sumps, opening in
floors, S.34 - Excessive weights, S.35-Protection to Eyes, S.36A-
Portable electric lights, S.40A-Maint. Of buildings, S.40B-Safety
Officers
59. FACTORIES ACT 1948
CHAPTER IVA: Provisions regarding Hazardous
Process
CHAPTER V : WELFARE: S.42-Washing Facilities,
S.44- sitting facilities, S.45-First Aid
appliances,S.46 Canteens, S.47- Rest
rooms & Lunch rooms, S.48- Creches
CHAPTER VI : WORKING HOURS OF ADULTS
Sections 51 to 66
CHAPTER VII: EMPLOYMENTS OF YOUNG
PERSONS
CHAPTER VIII: ANNUAL LEAVE WITH WAGES
CHAPTER IX:SPECIAL PROVISIONS
CHAPTER X :PENAULTIES & PROCEDURES
60. ACCIDENT REPORTING …..
Under IE Act: To Electrical Inspector in Form XIII in 48 hrs
Under Factories Act: To Factory Inspector in 48 hrs
Under Indian Boiler Act: To Boiler Inspector in 24 hrs
Under Petroleum Act Nearest Magistrate & Inspector of
Explosives
Under Indian Explosives Act : To Chief Inspector of Explosives
61. GUILTY OF NEGLIGENCE….. IN
Indian Panel Code : IPC
GROSS NEGLIGENCE
CONTRIBUTORY NEGLIGENCE
RESPONSIBILITY/ DUTY TO MANAGE
INJURY RESULTED
INTENTION OF WRONG DOER
RIGHT TO INITIATE ACTION
62. Protection of Engineers
Section 80 of Civil Procedure Code: No suit shall be
instituted against a public servant in respect of any
act purporting to be done in his official capacity until
expiration of two months next after notice in writing.
Similar provision exist in IE Act sec. 56
MSEB employee is public servant as per Sec.81 of IE Act
1910.