Wednesday, April 28, 2010

Labour Laws in India- updated

Dear HR Executives,

An understanding of various labour enactments that are applicable to your establishment is very important for your success in your career. Please find some brief notes on various Labour Legislations in the form of Ppt by following the link below.

http://www.mediafire.com/file/cx7hstsp6hcsr6q/Labour_Law-_PPT.pdf

Regards,

Madhu.T.K

23 comments:

  1. Dear Sir,
    I am mahesh Das from Rajagiri School of Management. I hope that you remember me. I was there for the casino HR interviews in the last rounds at rajagiri itself.and you asked me lot of questions from Industrial Relations.

    Sir now i am doing my project in Binani Zinc Ltd. I would like appriciate you if you could guide me in the areas where i should focus more when dealing in a unionised environment and what all could be the probable learning that i could get. Please help me.

    Regards

    Mahesh Das P M
    My mailID:maheshdaspm@gmail.com

    ReplyDelete
  2. Dear Mahesh,

    IR is a vast area. Therefore, you can take up any area you like. If you take union settlements of the company for the last so many years you can get some thing to analyse. Similarly, there may be some other areas like, employee employer relations, job satisfaction, enforcement of labour laws in the organisation,practice of engaging contract labour and so on. You can seek assistance from me.

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  3. dear Mr Madhu
    hope you remember me , I asked you about canteen facility . Can you please tell me that to make it 250 only workers are counted or both workers and staff is counted ?
    please help its for maharashtra state

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  4. There seems to be no particular difference between workers and staff. Of course employees who are under Managerial capacity shall be excluded but others should be counted irrespective of whether they come under factory workers or administrative staff.

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  5. Dear Madhu,

    We are a small BPO /IT company with about 15 employees. We are based in coimbatore. I do not have a HR department or professional as such. Can you please let me know if there is any manadatory obligations i should be fulfilling ? the company is a partnership company. we are paying salary as cash.

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  6. Dear Suhail,
    First of all, you should get your establishment registered under your State' Shops and Commercial Establishments Act. Since you do not have 20 employees, you will not come under the EPF and ESI Acts. But ensure that on any day the employees including casual employees have not reached 20. If so, you will come under these Acts. If you employ woman, the Maternity Benefit Act will be applicable to you. Similarly, employees will come under the Payment of Gratuity Act and Bonus Act (subject to salary stipulations mentioned therein)

    Regards,

    Madhu.T.K

    ReplyDelete
  7. Dear Mr. Madhan,
    I am MBA (HR), having around 6 yrs of experience in Admn accounts feel do I get any oppurtunity in HR Field

    With regards,

    V.Anurama

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  8. Dear Sir,
    Just wanted to know is there any chage is going to happen in Bonus celling

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  9. So far no change has taken place

    Madhu.T.K

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  10. Hi ! Please guide me about 6 months Fixed Term Contract & 1 Year FTC for Hotels in Goa. Also what is the leave entitlement as per law, and which law is applicable. Thanks !

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  11. Fixed Term Contract is an arrangement permitted to employ workers in projects or jobs which are expected to be completed over a prefixed period. It is generally possible in construction industry wherein we have in hand a date on which we expect to complete the project. In such cases, we can go for appointing employees on a fixed term contract which says that his employment would be terminated automatically on completion of the construction work or project.Similarly, if we take up a project which is to be completed within a year or two, we can engage people on FTC for 1 year or 2 years. It is also possible to employ them for 1 year and then renew the contract for a further 6 months or 1 year depending upon the situation.

    According to section 2(oo)(bb) of Industrial Disputes Act, termination of employment due to non renewal of fixed term contract or expiry of FTC shall not amount to retrenchment and in such cases the procedure to be followed for retrenchment and retrenchment compensation payable under sections 25F and 25N are not applicable for employees on fixed term contract.

    At the same time, FTC employees are eligible for all statutory rights conferred to employees in India and FTC arrangement should not be taken as a measure to deter their rights. As such they are entitled to get coverage of ESI, EPF and are eligible for leave with wages, bonus, payment of minimum wages etc. Once an employee completes five years with an employer under FTC, he will be eligible for gratuity also. Therefore, the only thing that makes them different from a regular employee is that their employment are terminable without notice and without compensation on the expiry of the period. at the same time, if you want to terminate such an employee before the date, you need to serve notice.

    The HR practice now shows that employees are employed on fixed term for 1 year, 2 years or 3 years and the contract is renewed after each period. Though such practice will fall within unfair labour practices, the system has gained importance and is followed in general.

    There is no rule regarding the period and therefore, you can have FTC for 6 months or 1 year according to your convenience. So long as you cover them under ESI, EPF and other labour legislation, there is no problem also. Regarding leave, like any other employee, these people are also eligible to leave as per your State's (Goa)Shops and Commercial Establishments Act.

    Madhu.T.K

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  12. dear sir,
    i want to register epf and esi as employer what is the procedure of registration pls. guide me

    tabrej akhtar

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  13. Dear madhu sir kindly guide me the simple procedure to get registered EPF for my consultancy (manpower supply) newly starting the business in Bangalore

    Regards,
    Bharath

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  14. we are running a security comapny in haryana since Dec 2013.
    we had 06 employee in dec
    we had 8 employee in jan
    we had 7 employee in feb
    and same above person was in march 2014
    we had 10 employee in April 2014.
    now we have 15 employee in our compnay so can you guide me
    when since esi and pf applicable and if client asking about challan so how we can clarify to him about challans.

    ReplyDelete
    Replies
    1. As of now you will not come under EPF but will come under ESI. If the client is demanding the challan for remittance you can say that you are not registered with PF and whoever engaged can be registered at the respective company's registration only. If you have misled the principal employer saying that you have lots of security guards and are then covered, there is no way.

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  15. what are the gray charges for registration under EPFO

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  16. MY quarry regarding Bonus calculation i want to know how to maintain form A & B of bonus act how to calculate net gross profit to calculate bonus 8.33 is minimum how we will decide that we have to more then 8.33 how to calculate allocable surplus & set on & set off amount pls help

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  17. Dear Sir, I am working as a teaching faculty on contract basis for the last 2 years in self financing course conducting and managing separately by an aided college, availing the college facilities. I am pregnant and want to take maternity leave. whether I am eligible for maternity leave benefit? Kindly give me a reply

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  18. Dear sir i want to know that at time of start up of security services company v should reg wid PF , ESI , SERVICE TAX or not becoz every mnc company ask about these formailities but at starting time v dont hav employee so is it possible reg with ESI ND EPF with no employee in company

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  19. Dear sir,
    we have just started a company, we want to register(volunteer) ourselves with EPFO. We are a Team of 6 members.please guide us.

    ReplyDelete
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    ReplyDelete