Employment Legislation
5 Employment Legislation
Retrenching or Terminating? Noticeable Difference and Duties of an Employer in Case of Termination
(Volume – 46 of Coffee Break Compliance Guide from Anandan Subramaniam)We have seen what Retrenchment is and what an employer needs to do while Retrenching an employee in our previous volume (CBCG Volume 44).Here we discuss about Termination and the difference being, Retrenchment does happen when there is closure of Project, closure of a department, excess manpower, etc., and Termination can happen on Performance related issues or for other reasonable causes.Basically such separations happens on issues related to Performance on…
Posted by: The ADP Team 12 Jul 2019 | 0 Comments
Employer’s Duty under Rights of Persons with Disabilities Act, 2016
(Volume – 45 of Coffee Break Compliance Guide from Anandan Subramaniam)The Act and its Objective: The Rights of Persons with Disabilities Act, 2016 is the disability legislation passed by the Indian Parliament in repealing the previous legislation in this regard i.e. The Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act of 1995. The main objective of the Act is to uphold the dignity of any person in the society and prevent any discrimination against any individual…
Posted by: The ADP Team 05 Jul 2019 | 0 Comments
Retrenchment – A Snapshot
(Volume – 44 of Coffee Break Compliance Guide from Anandan Subramaniam)In these days of project based / client based business operations, it is a formidable task for every establishment to “be competitive”. Both the Human Resources and Finance need to be watchful in regulating the right manpower required for establishments in managing the Revenue & Expenses.Managements need to make-up the revenue loss when there is a project closure / no new client additions. Many of the establishments use the tool…
Posted by: The ADP Team 01 Jul 2019 | 0 Comments
Applicability and process to obtain Standing Order under the Industrial Employment (Standing Order) Act, 1946
(Volume – 36 of Coffee Break Compliance Guide from Anandan Subramaniam) Is it applicable to your establishment? What is the objective of the Standing Order? There was no uniformity in the conditions of service of workers until this act was brought, which led to friction between workers and Management. An Industrial worker has the right to know the Terms & condition which he is expected to follow. Hence the legislation. The Industrial Employment (Standing Orders) Act, 1946, which, inter alia,…
Posted by: ericmikio 22 Apr 2019 | 0 Comments
Types of Employments in an Organization
How many types of employment do you have in your establishment? Is such type is compliant under Employment Legislations?Every establishment, whether it is a large enterprise or start-up, employers do engage people in different roles with as many classifications.As per the Industrial Employment (Standing order) Act, 1946, the workmen shall be classified as: 1. Permanent 2. Probationers 3. Badlis (Substitute) 4. Temporary 5. Casual and 6. ApprenticesTo employ workmen as ‘badlis’, casuals or temporaries and to continue them as such…
Posted by: ericmikio 27 Mar 2019 | 0 Comments