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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
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Procedural Compliance
FIRST &
then the rest.Keep the clear image on
GOVERNANCE – To retain
Customers Globally
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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
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Modern Techniques of Recruitment
Web Based Job Sites, Online Portals & Social Media Solutions and Legal Obligations
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Specific Questions
27
SECTION Recruitment & Selection
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