NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M...

NEW AGE

Human Resource Management

and

Impact of Employment Legislations in

India

By

V & M Associates

24th Nov 2015

By

V & M Associates

24th Nov 2015 12–1www.vmlegalassociates.c

om

PRESENTATION CONTENT Recruitment & Selection Employment Contract Compensation & wages Performance Management Leave & Holidays Work place discipline Welfare Employee Movement Employee Exit Terminal Benefits Special Provisions

www.vmlegalassociates.com

Procedural Compliance

FIRST &

then the rest.Keep the clear image on

GOVERNANCE – To retain

Customers Globally

www.vmlegalassociates.com

NON ADHERENCE

AN EASY WAY TO

SERVE BUT WILL

PUT THE

MASTER IN

GREAT DEAL OF

TROUBLE www.vmlegalassociates.com

Recruitment & Selection

12–5

Unit 1

NEW AGE Human Resource Management

and

Impact of Employment Legislations in India

www.vmlegalassociates.com

Modern Techniques of Recruitment

Web Based Job Sites, Online Portals & Social Media Solutions and Legal Obligations

www.vmlegalassociates.com

Concepts

Knowledge based Recruitment E- Recruitment / On line Recruitment Scouting – Investigations Re- Recruitment Event Recruitment Networking Job Portals – Posting the Job Description Resume Scanning – pre defined search Passive Job Seekers C V Bank Passer – by applicant Make every employee as Recruiter –

Employee Referral www.vmlegalassociates.com

Innovative Practices Sending SMS – texting simply “ APPLY” Video / Visual Networks Blogging on Social Networking sites Job Fairs, Job Application Banners, Pamphlets, Hoardings,

Advertisement In transit Advertisement – in public transport system Public Address system Radio / Television

www.vmlegalassociates.com

Challenges in Modern Methods

Quality of Hire / Performance in the interview is good and in the work is poor

Source of Hire

Referral Rates / Conversion Rate

Pipeline Development

Legal & Moral Obligations

www.vmlegalassociates.com

Job Portals

Act Applicable:

The Contract Act

Specific Provisions:

Talent Data Base of the company, Non Disclosure, Misrepresentations, Terms & Renewal, Posting conditions, Portal Promotional schemes etc

Contractual Obligations User based licenses Free and other mode of portals – services and the

employers obligations www.vmlegalassociates.com

Social Media Social media can be useful for

Recruitments What is it? How is it being used?

Company’s / Recruiters Personal legal obligations.

Users should be proactive with maintaining control over content and establishing institutional policies on

appropriate use.

11www.vmlegalassociates.com

Recruitment & Social Networking Broad range of Internet activities generally involved :

Texting Chat rooms Emails Blogging Videos – Skype

Easily accessible Work computers – company I P ID Home computers – Personal I P ID Mobile smart phones and other devices

Inherent risks Immediacy Global reach Searchable “Email is Forever” Expectation of a dialogue

www.vmlegalassociates.com

Online Social Networking

Face book>400 million users worldwide20 billion minutes spent on Face book each dayIncreasing corporate use for Marketing / Relationship

Building

Twitter“Tweets” – max. of 140 charactersCelebrity usage – Corporate use growing exponentially Over 85 million users / month and growingLargest user demographic

13www.vmlegalassociates.com

LinkedIn For professionals Over millions of registered users

MySpace Similar to Facebook

YouTube Online videos

Blogs The original social networking tool

Non-provider hosted sites (external sites) Different legal obligations may arise when a provider hosts blogs and

other media on its own servers

Online Social Networking

www.vmlegalassociates.com

Social Media & Networking

Act Applicable: Implied Conditions The Contract Act – based on the Press of “Accept”

Specific Provisions: Privacy aspects, Passive seekers, Conflict of invitation

Implied Obligations:Fake user / False invitations Recruiter – CautionServices and the Employers obligations Social Media Policywww.vmlegalassociates.c

om

Social Media Policy

Providers should:Adopt a Social Media Policy for

employees and staff

Educate staff about the contents of the Policy

Enforce policy through imposing consequences for violations

www.vmlegalassociates.com

Social Media Policy: Adopt

Policy should:Set rules for what information staff can post

and say online

Remind and educate staff about obligations – Candidate privacy, protecting proprietary institutional information

Clarify appropriate relationships between staff, the connection, service provider and the public

12–17www.vmlegalassociates.c

om

Social Media Policy: Educate & Enforce

Educate:Any policy is only as good as the institutional

awareness of it

Know the policy; educate staff at hire and push periodic updates

Enforce:Follow through with penalties for violations

18www.vmlegalassociates.com

Social Media Policy: Provisions & Examples

Rules for use: Maintain Candidates Credentials Confidentiality /

privacyRespect the Candidates’ current organization – no

libelous or defamatory speechSafeguard proprietary institutional informationComply with copyright, trademark and other lawDo not communicate on “behalf” of institutionNo Recruitment Professional advice / to take some

company or not to accept the offer etc

19www.vmlegalassociates.com

Selection - Resume Screening

Caution in questioning Frequent Changes in Employment Resume fraud if found How To avoid Major negligent hiring Concerns over fraud and embezzlement Gut instinct” not a substitute for “trust,

but verify” Reluctance of past employers to give

detailed references Events of professional in nature Work place violence if

12–20www.vmlegalassociates.c

om

Basics of Screening

S – Sources of information are public records (e.g., criminal records), private records, and verification of credentials – not viewed as an invasion of privacy or unusual

C – Consent in writing as declaration from the Candidates

R – Rationale (screening encourages honesty, demonstrates due diligence, and helps in hiring based on facts and not just instinct)

E – Even-handed (similarly situated people treated similarly – issue of discrimination against protected groups)

E – Effectiveness – no single tool can be relied upon but need a series of overlapping tools

N – Not a CBI/Police check or Big Brother watching, but a valuable due diligence employment tool to avoid surprises 12–

21www.vmlegalassociates.com

Scope of Screening

Criminal searches based on where applicant has lived, worked, or studied

Sexual offender records

Driving records

Past employment / education verification

Licenses and credentials

Various disbarment lists – agency wise

Financial / Credit reports for specific positions ( Marketing)

Internet searches (Facebook, search engines, business connection sites, etc)

12–22www.vmlegalassociates.c

om

Available Tools

What tools are used to conduct background checks:

Research on the internet

Interviews with potential candidates

Request for information from former employers or government agencies

12–23

Background Checks

Background Checks

www.vmlegalassociates.com

Legal Framework of Back Ground Verification

What is the legal framework for each tool?

Law and regulations

Written consent by employee

Employment contract

Relevance

12–24www.vmlegalassociates.c

om

Applicable Law Back Ground Verification

Act: The Contract Act – Personal Agreement between the company and the Candidate

Specific provisions: Voluntary undertaking / Personal consent and Declaration in the form of details

*************** Making Use & Misusage of the verified report Maintaining confidentiality Organization's image, Loss of reputation Third party reserved rights and our obligation

12–25www.vmlegalassociates.c

om

Damages and Remedies for Employees & Employer

Damages and remedies to applicants and current employees

Damages and remedies to third-party victims

Damages and remedies to the hiring company

12–26www.vmlegalassociates.c

om

Specific Questions

27

SECTION Recruitment & Selection

www.vmlegalassociates.com