HR Policies/HR Audit/Provide Legal opinion on Labour Law's/ESG regulate & its impact/OHS/POSH awareness program.

Awareness program on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

POSH: Law (Sexual Harassment of Women at Workplace Act 2013) mandates every Employer to provide a safe working environment at the workplace.

POSH: training can help your organisation to overcome the sexual harassment and create a healthy and peaceful working environment

Conduct HR Audit

Human resources auditing is the process of reviewing an organization's HR policies, procedures, practices, and documentation to assess legal compliance. Human resources audits are important because they help organizations to ensure that they are complying with the law. Failure to do so can result in legal liabilities and financial penalties, so an audit will help you prevent this by finding out where your company needs to improve compliance practices. HR audits help you to avoid risks like inadequate documentation, inconsistent application of policies, and poor training. By addressing these risks, organizations can reduce the likelihood of lawsuits, complaints, and other negative consequences. HR audits also provide an opportunity for organizations to evaluate their current HR practices and identify areas where they can improve. By implementing changes based on the findings of the audit, companies can improve their overall HR effectiveness and better prepare for the next audit.

Provide legal opinion under various Labour/Industral Law’s.

While defining 'labour' as a resource working for some business entity, it involves the inevitable tripartite relationship of the 'labour' with the 'employer' and the 'labour union' of the workplace almost every time. Labour law essentially intercedes this relationship among these three and works as a security mechanism to protect the labours' or employees' interests against exploitation by the employers, including benefits such as minimum socially acceptable conditions, such as at par wages, work insurance, promotion of industrial peace and amity, etc. Labour law also plays a significant role to regulate the conduct of the employee from the employers' perspective. Some laws are instrumental in providing employees with a platform to raise grievances/concerns, to get them remedied through various defined mechanisms and gives recognition to methods of collective bargains. Perhaps, the employers see them as a challenge in ease of doing business while finding them leaning towards employees profoundly and putting excessive obligations over them.

Importance of Labour Compliance

Each establishment in India must comply against various statuary compliance rules of labour law. The scope of compliance is pretty vast, and it requires the employers to produce records of compliance as evidence under various statutes in case of any prosecution. There are several penalties prescribed by the law in case of failure to comply with these laws. Labour law comprises of various acts while covering major aspect of labours' rights. Applicability of the Acts depends upon the type of the establishment, and more than one law may apply to the employer and employees, respectively. Whether establishing a new business or having a startup of a few years, adhering to labour law compliance in India for business owners is paramount. The Central and State Governments of India enforce these labour laws. One should adhere to the legal requirements and compliance for creating a fair and safe working environment for employees on board while protecting the employers’ interests. However, some of the business owners who are putting their foot in the business or corporate world newly aren’t entirely aware of the labour law compliance that is required to be practiced. Hence, they face difficulties while progressing in the business and towards growth. Here, one can seek advice from labour law consultants to fulfil the legal requirements for overall business benefit. By understanding these concerns, we have shared a detailed guide about Labour Law compliance for business owners or HR through which they can make informed decisions and adhere to them precisely.

1. Registration and licensing

While commencing a business, owners should complete the necessary procedures to obtain registration and license to comply with labour laws. Some of the related acts are as follows.

a). Shops and Commercial Establishments Act (S&E)

For commercial establishments such as offices, shops, etc., it is mandatory to register under this act. This helps regulate the employees’ working hours, holidays, and other work conditions.

b). The Factories Act, 1948

One must register under this act when the business involves manufacturing activities or when employing a specific number of workers. The registration ensures that the factory workers are safe, have better health conditions, and look for their welfare.

c). Contract Labour Act

For a business where contract labourers are hired, it is essential to register under Contract Labour Act. Registration under this act by business owners ensures that the welfare and rights of the contract workers are appropriately maintained.

2. Wages Law

Every business must comply with the wage law implemented by the government to ensure fair compensation for employees and workers. Some of the laws related to wages are stated below

a). Minimum Wages Act, 1948

According to this act, the minimum wage rates are fixed and prescribed by the States through notifications. Business owners should review the act and update their employee’s wages accordingly. The pay or wages should not be less than the minimum wage amount as per the government notification.

b). Payment of Wages Act, 1936

This act ensures that the payment of employees working in an establishment is issued on time and no unauthorized deductions are made. According to this act, business owners should pay as per the current currency. Similarly, they can pay through cheque or bank transfer after obtaining written authorization from the employed person.

c). Payment of Bonus Act, 1965

Business establishments with over twenty employees are liable to annual bonuses to employees. However, an employee who has worked for less than thirty days is non-eligible for a bonus under this act.

3. Working hours and overtime

Labour law specifies the maximum number of work and rest days a week. The rest days are typically considered Sundays. However, any working hours the employees spend beyond the regular hours shall be considered overtime. Similarly, overtime wages should be paid at the rate distinguished by the law

a). Weekly Holiday Act, 1942

As per the act, entities such as shops, theatres, or restaurants should be entirely closed on one day of the week.

4. Leave Policies

Employees have facilities to avail of various types of leave during their employment period. They can avail of sick leave, annual leave, and maternity leave. Hence, business owners need to implement leave policies that benefit employees and those that adhere to the law. Given an example, maternity leave is mandated for a particular duration. Hence, it should not be denied or reduced by business owners.

a). Maternity Benefit Act, 1961

As per this act, women working in certain establishments should receive maternity benefits from the employer. This benefit includes wages, maternity leave, bonuses, nursing breaks, etc.

5. Financial Security

Businesses must contribute to the EPF and ESI schemes when reaching a certain number of employees. These services benefit the employees by offering financial and social security.

a). Employees Provident Funds and Miscellaneous Provisions Act, 1952

All establishments with 20 or more employees should provide provident funds, pension funds, and deposit-linked insurance funds for employees. This service for employees gives social security and retirement benefits.

b). Employees’ State Insurance Act, 1948

This act is implemented to offer employees benefits in case of emergencies such as sickness, maternity, and employment injury. Establishments with more than ten employees are covered under this act.

6. Anti-Sexual Harassment Policies

Business owners should ensure that their employees feel safe while working and hence should implement policies and procedures to prevent and handle incidents related to sexual harassment.

a). Sexual Harassment at Workplace (Prohibition, Prevention, and Redressal) Act, 2013

SHW act offers women protection against sexual harassment in the workplace and prevention and redressal. Establishments with ten or more employees should have Internal Complaint Committee for entertaining complaints within the organization.