Know the crucial insights into HR laws governing offer and appointment letters, termination procedures, and compliance measures for a legally sound and equitable employment environment.
Overview
A company’s Human Resource team is very significant in terms of maintaining workforce satisfaction. This group is in charge of recruiting, hiring, and training staff. They are also in charge of addressing employees’ concerns and remitting benefits. Now let us look at some of most prominent HR Laws In India.
Recruitment, Selection, Training and Development
- Article 16 of the Indian constitution states that all citizens should be offered equal work opportunities. It further stipulates that the employee shall not face discrimination on any grounds. This is particularly applicable to all government jobs.
- Moreover, Article 24 says that children under the age of 14 shall not be recruited or employed.
- Under the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959, a private sector business with 25 or more employees is required to notify vacancies.
HR Laws of Employment Offer Letters
Employment offer letters are subject to various HR laws to ensure fairness and compliance. These laws often include regulations related to job descriptions, compensation details, working hours, benefits, and compliance with anti-discrimination laws. Ensuring clarity, transparency, and adherence to employment standards in offer letters is essential. Additionally, laws may require the inclusion of probationary periods, confidentiality clauses, and at-will employment statements.
HR Laws of Employment Appointment Letters
HR laws pertaining to employment appointment letters encompass legal requirements and best practices for formalising the employment relationship. These laws address terms and conditions of employment, including roles, responsibilities, compensation, working hours, benefits, and adherence to relevant labour regulations. Compliance with anti-discrimination laws, data protection, and confidentiality clauses are often integral aspects. Appointment letters may also outline probationary periods, termination procedures, and contractual obligations.
HR Laws About Termination of Employment
Termination of employment is governed by HR laws to safeguard the rights of both employers and employees. These laws cover aspects such as notice periods, severance pay, reasons for termination, and compliance with anti-discrimination laws. Employers must follow due process, ensuring fairness and adherence to contractual obligations. HR laws also dictate the handling of wrongful termination claims and the protection of employee rights during the termination process, emphasising the importance of compliance with relevant labour regulations.
The Apprentices Act, 1961
Recognising that institutional training alone is insufficient for acquiring employable skills, the Apprentices Act, 1961, and Apprenticeship Rules, 1962 were introduced. The primary goal is to maximise industry resources for practical training, fostering skilled manpower. Initially covering trade apprentices, amendments in 1973, 1986, and 2014 expanded the Act’s scope to include graduates, technicians, and optional trade apprentices. The 1992 Apprenticeship Rules underwent revision in 2015 to align with evolving needs.
Enacted in 1961, the Apprentices Act aims to regulate and promote apprentice training in industries. It seeks to leverage industry facilities for practical training to fulfil the skilled manpower needs, adapting to the changing landscape and demands of the workforce.
Employee Appraisal
The HR Management System has to maintain a track record of all employees performance. The organisation must recognise employees that do well through rewards and promotions. In the event of a performance shortfall, HR should notify the affected employee within a reasonable timeframe so that employees can improve their performance. This was established in the case of Baidhyant Mahaputra v. the State of Orissa.
Compensation and Rewards
Payment Of Wages Act, 1936
Employees should be paid on time, according to the Payment of Wages Act. of 1936. Once the recruitment processes, including orientation and training, are completed, the business should ensure that the personnel receive their pay on the agreed-upon dates and times. Employee Salary payslip must be set in accordance with industry standards. The parties, the HR and the employee, must be given equal bargaining power. The Act also provides that even if an employee is fired, he is entitled to pay for the month in which he worked.
Fines, the deduction for damage/loss, the deduction for loan recovery, and so on are all stated in the legislation as acceptable deductions.
Workmen Compensation Act, 1923
This Act makes provisions for providing financial support to employees and their family members when an employee is injured during the course of their employment. When an employee is involved in an accident, is hurt, or becomes disabled. At the same time, on the job, compensation should be provided under the Workers Compensation Act. Even if the individual works across the ocean, he is qualified for payment under this provision. If the employer is unable to provide compensation, criminal proceedings can be initiated against him.
Payment of Bonus Act, 1965
Bonus incentives should be mandatorily given to all employees whose monthly income is less than ₹21,000, regardless of their work. Suppose an employee works even for a minimum of 30 days in a given year. In that case, he is eligible for a bonus for that fiscal year. An employee has one year in which to claim the bonus. As per Section 10 of this Act, the minimum bonus payable is 8.33%
Payment of Gratuity Act,1972
The Gratuity Act of 1972 states that an employee is only eligible for this loyalty benefit after completing five years of regular employment. The maximum gratuity that an employee can receive is ₹20 lakh. This is a retirement benefit. Every employee is entitled to get a payment of gratuity. It is a part of the salary received as gratitude for the service performed during the course of employment.
The Employees Provident Fund Act,1947
It is a form of social security for employees. EPF is available to all salaried employees. Furthermore, any employee earning less than ₹15,000 must register for the EPF. The goal here is to protect the rights of the older generation.
Healthy, Safety and Welfare Measures
The Factories Act, 1948
Every employer has an obligation to create a safe working environment. This statute was enacted to defend employees’ rights and interests. All employers must provide adequate sanitation and ventilation. Every workplace environment must have a fire extinguisher. The Act also limits the maximum weekly working hours to 48 hours. Sections 11 to 20 deal with the health measures to be implemented, whereas Sections 21 to 50 deal with employee safety and welfare. Additionally, all employees should be given a weekly holiday.
The Maternity Benefit Act, 1961
A pregnant woman who has worked for an organisation for at least 80 days is eligible for this perk. When she returns to work, she is required by law to do only light work for 10 weeks. If an employer fails to provide this benefit, he can be prosecuted.
The Employees State Insurance Act, 1948
The Employees’ State Insurance (ESI) Act, 1948, is a significant labour welfare legislation in India. It provides a comprehensive social security scheme for employees, ensuring financial protection against illness, injury, disability, and maternity-related issues. The Act establishes the Employees’ State Insurance Corporation (ESIC), which oversees the implementation of the scheme. Covered employees contribute a percentage of their salary, and employers also make contributions, enabling access to medical benefits, sickness, maternity, disablement, and dependent benefits.
Child Labour Regulations (CLR)
Child Labour Regulations (CLR) encompass laws and regulations aimed at prohibiting and regulating the employment of children. These regulations focus on protecting the rights and well-being of children by setting age restrictions, defining permissible working conditions, and outlining penalties for violations. Governments worldwide have implemented CLR to eliminate exploitative child labour practices, promote education, and ensure the physical and mental development of children. The regulations often align with international conventions, emphasising the need for a child-friendly environment and recognising the fundamental right of children to be protected from economic exploitation and hazardous work.
State Wise Factories and Establishments (National, Festival and other Holidays) Act, read with State wise Factories and Establishments (National, Festival and Other Holidays) Rules
The “State Wise Factories and Establishments (National, Festival, and Other Holidays) Act” refers to legislation enacted by individual states in a country, specifying rules related to holidays for factories and establishments. The Act is typically accompanied by detailed rules, often called the “State Wise Factories and Establishments (National, Festival, and Other Holidays) Rules,” which provide specific guidelines and procedures.
These laws aim to regulate the observance of national, festival, and other holidays within factories and establishments, outlining employers’ and employees’ rights and obligations concerning holiday entitlements, working conditions, and compensations. Businesses need to comply with these regulations to ensure fair and lawful practices in the context of holidays and time off for workers. The specific details and provisions may vary from state to state, reflecting the regional nuances and requirements of the workforce.
Sexual Harassment Act, 2013
HR personnel are usually the first to hear complaints about workplace harassment. They are responsible for establishing a safe working environment for women. They are also responsible for developing workplace sexual harassment awareness programmes for employers. They are duty-bound to take swift and strict measures against sexual predators and perpetrators in the workplace.
Industrial Relation
The Industrial Disputes Act of 1947 was enacted to bring harmony between employers and employees. It addresses issues such as employer lockouts, employee strikes, layoffs and retrenchment. It states that before discharging a worker, the employer must provide 6 weeks’ notice explaining the basis for the termination.
If you want to learn more about HRM regulations in India, contact the specialists at Vakilsearch. They are well-versed in drafting a legally sound employer–employee agreement.
Frequently Asked Questions
Can an employer terminate an employee without cause?
In many jurisdictions, employers can terminate employees without cause, but it must be done in compliance with notice periods, severance pay, and anti-discrimination laws.
What steps should an employer take before terminating an employee?
Employers should document performance issues, provide warnings if necessary, and ensure compliance with company policies and applicable employment laws.
Can an employee challenge their termination?
Yes, employees can challenge terminations, especially if they believe it is unjust. Compliance with due process and fair termination practices is crucial to avoid legal disputes.
