1 / 16

By Anupam Malik Additional Labour Commissioner Haryana

NIRC - ICSI. Labour Laws COMPLAINCE AND DUE DILIGENCE The new perspective & First ever web enabled facilities by Labour Department Haryana. By Anupam Malik Additional Labour Commissioner Haryana. ISSUES ON COMPLIANCE OF LABOUR LAWS GLOBALISED MARKETS AND COMPETITION.

alysiaj
Download Presentation

By Anupam Malik Additional Labour Commissioner Haryana

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. NIRC - ICSI Labour Laws COMPLAINCE AND DUE DILIGENCEThe new perspective& First ever web enabled facilities byLabour Department Haryana By AnupamMalik Additional Labour Commissioner Haryana

  2. ISSUES ON COMPLIANCE OF LABOUR LAWS • GLOBALISED MARKETS AND COMPETITION. • THE CHANGING WAYS OF CONDUCTING BUSINESS. • RAPID CHANGE IN TECHNOLOGIES. • MOBILITY OF LABOUR. • NEED FOR FLEXIBILITY OF ORGANISATIONS • NEED TO CATER TO CLIENTS LOCATED IN DIFFERENT TIME ZONES OF THE WORLD. • SOCIAL AND CULTURAL CHANGE DUE TO SO MANY CHANGES. • LAWS MUST CONFORM TO THE NEED OF CHANGING TIMES. • HOW TO CONFORM TO THE REQUIREMENTS OF SOCIAL CLAUSE OF THE WTO WITHOUT HARM TO THE INDUSTRY – SA 8000 STANDARDS

  3. WHAT ARE GLOBAL LABOUR STANDARDS? • THOSE WE PERCEIVE ? • THOSE PROVIDED IN OUR LAW ? • THOSE PERSCRIBED BY THE ILO ? • THOSE PERCEIVED BY THE BUYER ?

  4. The core labour standards have been crystallized to nine major issues based on – • The eleven conventions of the International Labour Organization, • The UN’s Universal Declaration of Human Rights and • The Convention on Rights of the Child. These 9 major issues are as follows -

  5. SOCIAL ACCOUNTABILITY – 8000 (SA- 8000) STANDARDS • No child Labor • No Forced Labor • Health and Safety • Freedom of Association and Right to Collective Bargaining • Discrimination • Discipline • Working Hours • Compensation • Management Systems

  6. ISSUES FOR AN INDUSTRY • Approval of factory/building plan for industrial safety, Health and Welfare • Organization goals and culture • Manpower planning and recruitment • Core and non-core activities vis-à-vis manpower planning • Manpower outsourcing plans • Application of SA8000 Standard based on ILO conventions – India being a member country

  7. LABOUR LAWS AND THEIR COMPLIANCE INDUSTRIAL RELATIONS SOCIAL SECURITY INDUSTRIAL SAFETY & HEALTH PROHIBITING LAWS FOR PROTECTION OF UNORGANISED LABOUR REGULATORY LAWS WAGES COMPLIANCE AND DUE DILIGENCE

  8. Industrial Safety and Health The Factories Act, 1948 • REGISTRATION & LICENSING • INDUSTRIAL SAFETY • HEALTH • WELFARE The Building and other Construction Workers Welfare Cess Act 1996 The Maternity Benefits Act, 1961 PROTECTION OF RIGHTS OF WOMEN WORKERS DURING PREGNANCY AND STAGES OR EVENTS CONNECTED THEREWITH back

  9. REGULATORY LAWS • Factories Act, 1948 • The Contract Labour (Regulation And Abolition) Act, 1970 • The Motor Transport Workers Act, 1961 • The Punjab Shops And Commercial Establishments Act, 1958 • Industrial Employment (Standing Orders) Act, 1946 back

  10. INDUSTRIAL RELATIONS • Industrial Disputes Act, 1947 • Trade Unions Act, 1926 • Industrial Employment (Standing Orders) Act, 1946 Back

  11. Wages • The Payment of Wages Act, 1936; • The Minimum Wages Act, 1948; • The Equal Remuneration Act, 1976; • The Payment of Bonus Act, 1965 back

  12. Social Security Legislations • The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; • The Employees’ State Insurance Act, 1948; • The Payment of Gratuity Act, 1972 • The Employee’s Compensation Act, 2009 back

  13. PROHIBITING LAWS FOR PROTECTION OF UNORGANISED LABOUR • The Bonded Labour System (Abolition) Act, 1976; • The Child Labour (Prohibition and Regulation) Act, 1986; • The Supreme Court decision prohibiting hazardous employment of children below 14 years back

  14. COMPLIANCE AND DUE DILIGENCEREGULAR AND EVENT BASED REGULAR • FACTORY REGISTRATION / LICENSE, APPROVAL OF BUILDING PLANS, SAFETY, HEALTH, WELFARE.- EXEMPTIONS • ESTABLISHEMENT REGISTRATION UNDER SHOPS AND COMMERCIAL ESTABLISHMENTS ACT AND OTHER RECORD. .- EXEMPTIONS • CERTIFICATION OF STANDING ORDERS. • MANPOWER - PROPER RECORD - APPOINTMENT ATTENDANCE, AND WAGES (SERVICE). • WAGES PAID IN TIME, IN CASH, WITHOUT ILLEGAL DEDUCTION OR DISCRIMINATION • SOCIAL SECURITY RECORD OF DEDUCTIONS, TIMELY DEPOSITS, AND TIMELY FILING OF RETURNS – RECORD FOR EMPLOYEES. • CONTRACT LABOUR EMPLOYMENT – REGISTRATION, LICENSE, WAGES, WELFARE. EVENT BASED • DISPUTES, CHANGE IN CONDITIONS OF EMPLOYMENT, LAY OFF, RETRENCHMENT CLOSURE - INDUSTRIAL DISPUTES ACT 1947 • ACCIDENTS - ESI ACT & WORKMENS COMPENSATION ACT 1923 • WAGE DISPUTE back

  15. Be a business manager not just a Company Secretary Change Your Mind Set Traditional MindsetReality Today BUSINESS = Battlefield BUSINESS IS AN ECOSYSTEM CORPORATION = Machine CORPORATION IS A COMMUNITY MANAGEMENT = Control MANAGEMENT IS SERVICE EMPLOYEE = Child EMPLOYEE IS A PEER MOTIVATION = Fear MOTIVATION WITH VISION “It may be possible to punish employees into compliance, but we cannot punish them into commitment and commitment is what today's organizations require”.

  16. God Bless India Thank you

More Related