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| 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
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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
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| December 29, 2010 07:142 |
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 29, 2010
Points: 680
Location: India
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Re: Staffing & Recruiting Industry -Legal Updates
Dear All
Sub : Effect of the Recent Amendment- Sec 2 A of the Industrial Disputes Act - Sub Section (2) & (3) Direct reference of Dispute.
Earlier the Temporary Employee could not approach a Labour Court for disputes in relation to discharge, dismissal, termination or retrenchment without the assistance of a Labour Union. Now by the amendment he/she can approach the Labour court directly . This a drastic provision and will have a crippling effect on the Staffing Industry.
The remedy is:
1. First he/she has to make an application to the Labour Department Conciliation Officer.
2. If no action is taken by the Conciliation Officer then he/she can file an application to the Labour Court for adjudication of the Dispute.
3. Time limit for questioning all such disputes in relation to discharge, dismissal, termination or retrenchment is 3 years.
Issue for Staffing Industry:
1. Individual Employee grievance /disputes in relation to discharge, dismissal, termination or retrenchment is subject to Conciliation by Labour Officer and thereafter by Labour Court.
2. Will open the floodgates of Employee Litigation.
Tips for avoidance:
1. Need to have a strong Internal redressal mechanism thereby closing all issues internally.
2. Take Notices from individual Temporary employees and their Lawyers seriously and solve them immediately.
3. A pro-Temporary employees approach even without consulting the Principal employer [Client] needs to be taken.
4.A separate provision needs to be made out to cover such risks.
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 : 9840142164-9025792684-9025792634
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| December 31, 2010 07:013 |
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: December 31, 2010
Points: 680
Location: India
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Re: Staffing & Recruiting Industry -Legal Updates
Dear All
Sub: Enhancement of wage ceiling by the ID Amendment Act
In continuation of the relevance of the recent ID Act amendments for the Staffing Industry we refer to the aspect Enhancement of wage ceiling by the ID Amendment Act.
Prior to the amendment Wage ceiling of workman in the definition clause Sec 2 (s) was Rs. 1600/- .Now it is enhanced to Rs. 10,000/- per month,.
Consequently any person working in any industry doing any manual, unskilled, skilled, technical, operational, clerical or supervisory work drawing wages up to Rs. 10000/- will be considered as a workman. Workman definition now reads like this:
(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person –
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
The exclusion is where the workmen employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
In the Staffing Industry this change is conspicuous and Deputed Supervisors and real time Deputed Managers drawing wages exceeding ten thousand rupees per mensem alone may be exempted .All others will come within the definition of workmen for the purposes of any proceeding under the Industrial Disputes Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute.
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 : 9840142164-9025792684-9025792634
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| January 3, 2011 07:444 |
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: January 3, 2011
Points: 680
Location: India
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Re: Staffing & Recruiting Industry -Legal Updates
BEST WISHES TO THE VIEWERS OF CHRMGLOBAL FOR A PROSPEROUS 2011 AND THIS POST.
IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING COMPANIES
In continuation of our earlier post on the subject:
A common question arises in Contractual Employment on the duty of the Principal Employer in ensuring timely payment of Salaries to the Contract workmen
Rule 72 of the CLRA Rules states as follows:
"The principal employer shall ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to workman and it shall be the duty of the contractor to ensure the disbursement wages in the presence of such authorized representative. "
Consequently when the rule clearly stipulates a duty on the part of the Principal Employer to be present at the place and time of disbursement of wages by the contractor to workman and also the duty of the contractor to ensure the disbursement wages in the presence of of the Principal Employer it is a matter of Joint responsibility ..
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.
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| January 5, 2011 12:565 |
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: January 5, 2011
Points: 680
Location: India
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Re: Staffing & Recruiting Industry -Legal Updates
Dear All
In continuation of our earlier post on timely payment of wages to the Contractor's employees under Rule 72 of CLRA Rules under the next Rule 73 it is expressly provided that the authorized representative of the principal employer shall record under his signature a certificate at the end of the entries in the register of wages or the [Register of Wages-cum-Muster Roll as the case may be in following form:
“Certified that the amount shown in column No---------- has been paid to the workmen concerned in my presence on -------- at ---------“
Actually the Rules provide for supervision and certification by the Principal Employer at the time of very payment to the Contractor's employees by the Contractor .
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.
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