Community » HR Forums » Human Resources » Industrial Law & Discipline» Staffing & Recruiting Industry -Legal Updates
Staffing & Recruiting Industry -Legal Updates

Last post October 6, 2014 05:40 AM by rajanassociates. 106 repiles.

November 22, 2010 10:34 PM 1
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: October 6, 2014
Posts: 136
Location: India

Staffing & Recruiting Industry -Legal Updates

Dear All


We are specially creating this Post  in CHRM for the Staffing & Recruiting Industry  Professionals  especially when  the Industry has seen tremendous growth in the past 5 years. To keep pace Professionals need to keep themselves updated on the Legal compliance .

Many International players have come into the Indian Scene. But India consisting of Different States and Labour being on the Concurrent List the Legislation can be done both by the Centre and the States.That is why in India we find so many Labour Legislations.

In fact China has pioneered in enacting a "Contracting Law" which regulates the Industry.

The supporters of Globalization want to do away with a so many Legislation but they have not understood the Federal Nature of Our Constitution and the answer for that should not be " a cry without any result". Till that goal of Standardisation of Labour Laws is reached the Industry  has to operate and function within the four corners of the existing Laws.This post is an begining in that direction. In fact there is another way of looking at the problem, the need to operate within the Legal framework taking the benefit of the existing laws.This is a win-win situation.


With Regards

V.Sounder Rajan  Advocate
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
December 11, 2010 12:482
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 11, 2010
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All


Sub: ID Card for Temporary workers .

In the Temping Industry a common Question like this keeps cropping up:

I am designing ID cards for temporary employees. Is it important to mention the employee status as "temporary employee" or name and designation is enough.

Answer : There need not be any doubt the Form is mandated in the CLRA Rules

76. Employment card.-(I) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker .
(II) The card shall be maintained up to date and any change in the particulars shall be entered therein.

Therefore if you just say Form XIV of the CLRA Rules 1971 it is sufficient.You can refer to the Form in the Rules and go by it.




With Regards


VS Rajan Associates,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634



December 13, 2010 10:593
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 13, 2010
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All

In continuation of our earlier post on the IMMEDIATE LEGAL QUESTIONS HAUNTING INDIAN STAFFING COMPANIES in the Staffing or Temping Industry the following can be considered as pillars of Legal Compliance :

1.Compliance-Statutory -.Liaison with Departments on the following :

Labour Welfare Fund ACT Statement of Contribution along with cheque to be submitted to the Authority Concerned.

The Profession Tax ACT Monthly Returns along with cheque.

The Contract Labour (R&A) ACT, 1970 Half Yearly Return - by Contractor to be submitted to Asst. Labour Commissioner

The Maternity Benefit ACT, 1961 Annual Return

The (National & Festival Holidays) ACT, 1963 Annual Return.

The Minimum Wages ACT, 1948 Annual Return

The Contract Labour (R&A) ACT, 1970 Annual Return by Principal Employer.

The Payment of Wages ACT, 1936 Annual Return

The Employees Provident Fund ACT, 1952 3A & 6A Annual Individual Returns & Returns of Contributions to the Regional Provident Fund Commissioner.

The Employees State Insurance ACT, 1948 Summary of Contribution

The Contract Labour (R&A) ACT, 1970 Renewal of License .

The Payment of Bonus ACT, 1965 Annual Return

Shops & Establishment Act Renewal & Registration Certificate.

Temporary Employees

Joining Compliance


Monthly Compliance of Statutes in respect of the Temps .


Exit /Resignation/Severance /Termination Compliance

2.Compliance-Audit -Conduct Audit of the Compliance done under (1) either monthly/quarterly ,Half yearly and improve / enforce compliance .

3. Legal Consultation & Litigation Support-Provide Legal Support and advisory services for (1) & (2).


The above can be done Branch wise .If all the three are independent and existing and report their activities by way of MIS any Staffing or Temping organization can have trouble free functioning. These can exist within the very organization itself or "out-sourced" .Of course cost is involved but the cost will be nothing when compared to encountering and settling claims out of violations.

With Regards


VS Rajan Associates,
Advocates & Notaries -Legal Consultants-HR
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
December 15, 2010 09:484
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 15, 2010
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

IMMEDIATE LEGAL QUESTIONS HAUNTING INDIAN STAFFING COMPANIES


In continuation of our earlier post on the subject :

Clients want the Staffing or Temping Company to terminate the Employee for dishonesty, theft, misconduct etc? Is it correct?

There is nothing like summary termination in Indian Law except if it is for proven mis-conduct.

It has to be proven beyond doubt in an Enquiry done for the purpose. In Staffing & Temping Business such Enquiry cannot be practically done as the incident would have occurred in the Clients place.Definitely the risk is there in such termination action without conducting an enquiry is there.There is an element of practical and high risk in such terminations.All such terminations can bounce back with possible Labour Claims.

A definitive process with  continued expert Legal support has to beworked out with the concurrence of the Client at the time of signing the Contract with the Client itself.

With Regards


VS Rajan Associates,
Advocates & Notaries -Legal Consultants-HR
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634

December 18, 2010 12:505
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 18, 2010
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Andhra Pradesh CLRA  [Contract Labour Act 2003 ] Amendment

The State amendment of Andhra Pradesh in 2003 which introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification .But it introduced the following exemptions.

[a]. The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or
[b]. The activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time"

Also the Andhra Pradesh Amendment introduced a definition clause for "core activities" of an establishment meaning as any activity for which establishment is set up which includes any activity which is essential or necessary to the core activity and it again provides certain exceptions which are follows:-

1]. Sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste;
2]. Watch and ward services including security service;
3]. Canteen and catering services;
4]. Loading and unloading operations;
5]. Running of hospitals, educational and training institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment;
6]. Courier services which are in nature of support services of an establishment;
7]. Civil and other constructional works, including maintenance;
8]. Gardening and maintenance of lawns, etc;
9]. Housekeeping and laundry services, etc., where they are in nature
support services of an establishment;
10]. Transport services including ambulance services;
11]. Any activity of intermittent in nature even if that constitutes a
core activity of an establishment; and
12]. Any other activity which is incidental to the core activity.

Also a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.

It must be noticed that the Andhra Pradesh Amendment has force only in Andhra Pradesh State and not in the rest of the Country and this was the first step initiated by a State Govt to put India on the path of globalization.

We invite the views of viewers of CHRM  whether there is a need for a  similar amendment  to the Law which has  to be initiated by the Ministry of labour of the Central Government so that it should have National application.

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684.
Previous 1 2 3 4 5 6 7 Next