How does government do ESIC inspections

The Employees' State Insurance Corporation (ESIC) in India conducts inspections to ensure compliance with ESIC regulations. These inspections are carried out by ESIC officials to verify that employers are adhering to the provisions of the ESIC Act. Here's how the government typically conducts ESIC inspections:

1. Pre-Inspection Notice:

• ESIC authorities may provide advance notice to employers about an impending inspection. This notice is usually issued in writing and includes the date, time, and purpose of the inspection.

2. Inspection Team:

• An inspection team comprising ESIC officials and inspectors is assigned to carry out the inspection. The team may include officials from various departments, such as compliance, finance, and legal.

3. Document Verification:

• During the inspection, the team will review the employer's records and documents related to ESIC compliance. This may include:

• Employee records, including attendance and salary/wage details.

• Payroll records to verify deductions and contributions made to ESIC.

• Register of employees eligible for ESIC benefits.

• Contribution statements and challans showing timely payment of contributions.

• Any other documents related to ESIC compliance.

4. Interviews and Interactions:

• Inspectors may conduct interviews with employees to verify their awareness of ESIC coverage and benefits.

• Employers may also be interviewed to clarify any discrepancies or seek additional information.

5. Physical Verification:

• Inspectors may physically visit the workplace to assess the working conditions, check attendance records, and ensure that all eligible employees are covered under ESIC.

6. Reporting and Findings:

• After the inspection, ESIC officials compile their findings, including any non-compliance issues or violations observed during the inspection.

7. Compliance Assessment:

• Based on the findings, ESIC authorities assess the level of compliance with ESIC regulations. This includes evaluating whether contributions have been made accurately and on time and whether all eligible employees are covered.

8. Notice of Non-Compliance:

• If violations or non-compliance issues are identified during the inspection, the employer may be issued a notice specifying the areas of non-compliance and the corrective actions required.

9. Penalties and Actions:

• Employers who fail to address identified non-compliance issues may face penalties, fines, or legal actions, as specified under ESIC regulations.

10. Appeal Process:

• Employers have the right to appeal against any adverse findings or penalties imposed during the inspection. They can follow the established appeal process to seek a resolution.

It's important for employers to cooperate fully with ESIC inspectors during the inspection process. Non-compliance with ESIC regulations can result in penalties, fines, and legal actions, so addressing any issues identified during inspections promptly is advisable.

Employers should also proactively ensure compliance with ESIC regulations to minimize the likelihood of violations and potential penalties. This includes maintaining accurate records, making timely contributions, and regularly reviewing ESIC guidelines for any updates or changes.

What are key aspects of compliance for ESIC for employer - Employment Law

The Employees' State Insurance Corporation (ESIC) is a social security organization in India that provides medical, cash, and various other benefits to employees and their families. Employers are responsible for ensuring compliance with ESIC regulations. Here are the key aspects of compliance for employers with regard to ESIC:

1. Registration:

• Employers with a certain threshold of employees are required to register under ESIC. Registration should be done within 15 days of becoming liable to register. The employer is responsible for registering both themselves and their employees.

2. Contribution:

• Employers are required to deduct a certain percentage of the employee's salary (currently 1.75% of the wages) and contribute an equivalent amount to ESIC. Employees also contribute a percentage of their wages (currently 0.75%). These contributions must be deposited on a monthly basis.

3. Coverage:

• Employers should ensure that all eligible employees are covered under ESIC. This includes all employees earning below a specified wage threshold (as of my knowledge cutoff in September 2021, was Rs. 21,000 per month).

4. Record Maintenance:

• Employers are required to maintain records of employees, including their wages, contributions, and other relevant details. Records should be kept for a specific period (usually five years) and should be available for inspection when required.

5. Filing and Documentation:

• Employers must file monthly and annual returns and other required documentation with ESIC authorities. These filings include details of contributions, new employees, and other relevant information.

6. Employee Communication:

• Employers should inform their employees about ESIC coverage, contributions, and benefits. This ensures that employees are aware of their rights and entitlements.

7. Timely Payments:

• Contributions to ESIC should be made on time. Delayed payments may result in penalties and interest charges.

8. Compliance Audits:

• Employers should be prepared for compliance audits conducted by ESIC authorities. Ensuring accurate record-keeping and timely filings can help during such audits.

9. Changes in Employee Status:

• Employers should promptly inform ESIC about any changes in the status of employees, including new hires, resignations, terminations, or changes in wages.

10. Legal Compliance:

• Employers should stay updated with any changes in ESIC rules and regulations to ensure ongoing compliance with the law.

11. Penalties for Non-Compliance:

• Non-compliance with ESIC regulations can result in penalties, fines, and legal actions. It's essential for employers to take their ESIC obligations seriously.

12. ESIC Inspections:

• Employers should cooperate with ESIC inspections and provide the necessary information and documentation when requested by ESIC authorities.

13. Dispute Resolution:

• In case of any disputes or grievances related to ESIC, employers should follow the established dispute resolution mechanisms.

Please note that ESIC regulations may have evolved or changed, so it's advisable to refer to the latest guidelines and notifications from ESIC for the most up-to-date information.

Important Legal Aspects for Employee and Employer under the payment of gratuity act India

The Provision of Gratuity Act is a contractual reward given to workers who have worked for at least five years on an ongoing basis. Based on the length of his complete employment, which is a lump sum charged to an employee. The gratuity payment is payable to an employee following cessation of employment (either by dismissal, death, retirement, or termination, etc.) on the basis of the calculation of the last drawn salary. It is applicable where ten or more persons are employed or were employed, on any day of the preceding twelve-month

An employee who has worked for no less than five years shall be entitled to gratuity for his retirement or retirement or resignation, or for his death or injury. Where the cessation of the employment of any person is due to death or injury, a pre-requisite of completion of continuous service of five years shall not be required. In the event of an employee's death, the gratuity owed to him shall be paid to his nominee or, in the absence of that appointment, to his heirs.

The gratuity shall be due on termination of employment to an employee after undertaking continuous service for no less than five years. A person shall be said to be in continuous employment for a span of time whether he has been in continuous employment for that period which requires activities that may be disrupted due to sickness, injury, leave, a departure from duty without leave, lay-off, strike or lock-out or termination of employment not due to the negligence of the employee, whether such continuous or interrupted service has been done or not.

Gratuity is calculated at 15 days' wages last drawn by the employee for each completed year of service. The monthly Basic Salary is divided by 26 and multiplied by 15. In computing a completed year of service the period in excess of six months shall be taken as a full year. 

Gratuity = Monthly salary / 26 x 15 days x No. of years of service. 

The maximum amount of gratuity payable under the Act is Rs.20 Lacs.

The Payment of Gratuity (Amendment) Act, 1987 has prescribed provisions for compulsory insurance for the employer’s liability for payment towards the gratuity under the Act from LIC under the LIC Act,1956, or any other prescribed Insurer.

Each employee who has completed one year of service is required to make a nomination for the purposes of gratuity in case of his death. There can be more than one nominee. (Form F). Nominees may be changed at any time by the employee, by giving written notice to the employer. (Form H). If no nomination has been made, it shall be paid to the legal heirs of the deceased employee.

In the execution of any decree or order of any civil, income, or criminal case, no gratuity due under the Act shall be liable for attachment. However, if the employee has agreed to a deduction as a gratuity from the balance owed, the amount would be restored.

eSignature Legality in India in corporate and commercial contracts

The Information Technology Act of 2000 ("ITA"), the Indian Contract Act of 1872 ("ICA"), and the Electronic Signature or Electronic Authentication Technique and Procedure Rules of 2015 ("ESEATPR") all recognise electronic signatures as valid legal documents in India.

 

The ITA, the ICA, the ESEATPR, the Indian Stamp Act of 1899, and the pertinent state stamp acts are the pertinent legislation and regulations pertaining to the usage of electronic signatures in India. These laws provide the framework for:

 

What "electronic signatures" are accepted by the government of India;

What paperwork or agreements cannot be made electronically;

What requirements all contracts, including those using electronic signatures but not in compliance with the ITA's officially recognised standards, must satisfy; and

Whether stamp duty is required to be paid on a specific electronic transaction.

 

A contract cannot be denied enforceability solely because it was executed electronically, according to the ITA, as long as it satisfies the requirements of a legal contract under the ICA.

Section 10 of the ICA lists the prerequisites for a legal contract. These components are listed below:

 

It is entered into by persons who are legally able to do so; it results from their free will (i.e., a valid offer and acceptance); it provides for reciprocal consideration between the parties; and it does not call for the performance of any illegal acts.

An electronic signature, according to the ITA, is "authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature."

 

According to the ITA, a "digital signature" is the "authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 [of the ITA]."

 

An "electronic signature" must meet certain requirements to be lawfully accepted under the ITA.

 

"Reliable" behaviour 

 

Utilise a method of authentication listed in the Second Schedule to the ITA.

 

An electronic signature is considered “reliable” if:

·       The signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or to the authenticator and to no other person;

·       The signature creation data or the authentication data were, at the time of signing, under the control of the signatory or the authenticator and of no other person;

·       Any alteration to the electronic signature made after affixing such signature is detectable;

·       Any alteration to the information made after its authentication by electronic signature is detectable;

·       There is an audit trail of steps taken during the signing process; and

·       The digital signer certificates are issued by a Certifying Authority recognized by the Controller of Certifying Authorities appointed under the IT Act.

·       The Second Schedule provides that an “electronic signature” or electronic record can be authenticated by using either of the following methodologies:

·       Aadhaar e-KYC services, or

·       A third-party service by subscriber's key pair-generation, storing of key pairs on hardware security modules and creation of digital signature provided that the trusted third party providing such services shall be offered by any of the licensed Certifying Authority.

·       To create a digital signature, a user obtains a digital certificate from a licensed Certifying Authority.

Indian Contract Act of 1872: Acceptance and Role of Acceptance

According to Section 2(h) of the Indian Contract Act, of 1872,  the definition of acceptance states that “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted”. A proposal, when accepted, becomes a promise and creates mutual obligations and rights between the contracting parties.

Types of Acceptance

• Expressed acceptance: If the acceptance is written or oral.
• Implied acceptance: If the acceptance is shown by conduct
• Conditional acceptance: When a person to whom an offer has been made tells the offeror that he or she is ready to accept the offer with certain changes made to the condition of the offer.

Legal rules relating to acceptance

In order to create a valid acceptance, there are some legal rules that must be

followed: 

• Acceptance must be unqualified and unconditional.
• The acceptance must be expressed in some usual and reasonable manner
• Acceptance of an offer is the acceptance of all its terms
• Communication of acceptance must be made by the acceptor or his agent
• Acceptance may be expressed or implied
• Mental acceptance is no acceptance
• Acceptance of the general offer need not be communicated
• A mere answer to a question can neither constitute an offer nor an acceptance

Modes of acceptance 

There are two modes by which acceptance can happen, they are following as

1. Communication of acceptance by an action – This includes verbal or written communication. So, this will also cover texting, emails, and phone calls.

2. Conveying acceptance through conduct – The offeree may do this by acting in a way that suggests acceptance. For instance, you are required to pay the fare with conduct as you board a bus.

Indian Contract Act of 1872: What makes a Contract Legal

According to Section 2(h) of the Indian Contract Act, of 1872, a contract is defined

as an agreement between two or more people that is rendered legally enforceable and that establishes and specifies the duties of the parties. The statement “every agreement and promise enforceable by law is a contract” is attributed to Sir F. Pollock. Two essential components:

An agreement

Enforceable by law.

The following components make up a contract:

Offer: Section 2(a) of the Indian Contract Act of 1872 states that a proposal is made when one person expresses to another his readiness to perform an act or refrain from performing one in order to get the approval of the other party. Acceptance is defined as the expression of assent to the offer made by the

offeror in Section 2(b) of the Indian Contract Act, of 1872. This acknowledgment demonstrates that the proposal is indeed approved.

Promise: A person makes a proposal when he or she indicates their willingness to do or not do something. The proposal turns into a promise after the promisee accepts it.

Agreement: The legal, mutually binding commitment made between private parties is referred to as an agreement.

Contract: According to Section 2(h) of the Indian Contract Act of 1872, a contract is a legally binding agreement.

Dealing with Employee Grievances per Indian Law

Gripes at work are unavoidable. In fact, it's been stated that having a complaint gives one's life meaning. Unresolved complaints are similar to loose cannon balls in a ship; if not handled properly, they can sink the vessel.

In India, the employer is required to implement particular grievance redressal systems at the workplace under several central and state-specific labour regulations. Here is a brief overview of numerous legal processes that HR managers should be aware of and can include in their HR policies and practises:

According to section 9C of the Industrial Disputes Act, 1947 of India (IDA), each employer who employs at least 20 workers must establish a Grievance Redressal Committee (GRC) to settle disputes resulting from worker grievances. The GRC should have a maximum of six members, with equal representation from both the managerial class and the working class.

In order to handle disputes arising out of individual worker grievances relating to non-employment, terms of employment, or conditions of service, the industrial establishment shall have one or more GRCs, according to the draught Industrial Relations Code, 2019 that has been tabled in Lok Sabha. It also suggests expanding the GRC to include ten members in total.

According to Section 3 of the IDA, the labour authorities may direct the creation of a Works Committee (WC) in a workplace with at least 100 employees. The WC must advocate for actions that ensure and uphold amity and goodwill between the employer and its employees, and to that degree, it must offer commentary on issues of shared interest or concern. Additionally, it ought to make an effort to resolve any significant disagreements within the business.

The Sexual Harassment of Women at Company (Prevention, Prohibition and Redressal) Act, 2013 of India (POSH Act) mandates the creation of an internal complaints committee (IC) at every company with at least 10 employees. The IC must look into allegations of workplace sexual harassment of women and make suggestions to the employer. According to the Code of Civil Procedure from 1908, the IC is granted the same authority as a civil court and has a three-year term limit. The statute gives the IC 90 days to finish its investigation and an additional 10 days to publish its report.

Shop and Establishment Act and employment Law

The Shop and Establishment Act governs the state's active shops and commercial establishments. The Shop and Establishment Act (the "Act") is unique to each state. The Act's general requirements, however, apply to all 50 states equally. The Shop and Establishment Act is put into effect by the labor departments of the individual states.

According to the Act, a shop is commonly defined as a place where items are sold, either retail or wholesale, or where consumers get services. As part of the trade or business, it also comprises offices, godowns, storerooms, and warehouses.

Generally speaking, a commercial establishment is any business, financial institution, trading company, insurance agency, or office-based service. Hotels, boarding houses, restaurants, cafes, theatres, and other public entertainment and amusement facilities are included. However, the Factories Act of 1948 and the Industries (Development and Regulation) Act of 1951 regulate factories and industries, which are not covered by the Act.

The shops and businesses covered by the Act are obligated to submit an application for registration under the applicable state Act. A Shop and Establishment Registration Certificate or Shop Licence ("Certificate") is required by the Act for all businesses and establishments, including those run entirely from home.

The Act, among other things, regulates the following matters-

• Hours of work, annual leave, weekly holidays.
• Payment of wages and compensation.
• Prohibition of employment of children.
• Prohibition of employing women and young persons on the night shift.
• Enforcement and Inspection.
• The interval for rest.
• Opening and closing hours.
• Record keeping by the employers.
• Dismissal provisions.

Employment Policy Design in India

Employment / HR policies provide written guidance for employees and managers on how to handle a range of employment issues. They play an important role in practically and effectively implementing an organization’s HR strategy. Human resources policies provide the necessary structure many businesses need to sustain the company’s productivity and overall profitability. Our HR policy design services are responsible to review existing policies, identifying gap areas, design policies, programs, and initiatives aligned to HR strategy, the Company’s Values, Vision, Business requirements, and the law of the land.

We design policies for the complete life cycle of employees in an organization. Covering areas from Talent Acquisition, Talent Management, Total Rewards and Wellness (Employee Benefits & Compensation Structuring, Employee Stock Options & Share Plans), Employee Relations, Talent Development, Health and Safety, Administration, Diversity and Inclusion, Code of conduct, Employee Participation, Employee Separation policies (including VRS), Communication policies including social media, etc.

This includes the following Stages :

HR Policy Current Stage Audit

Risk and Gap Identification

Identify Policies required based on business requirements and the law of the land.

Advisory on identified policies

Provide Required Support w.r.t Industry Insights (without client details) and Best Practices

Drafting, Implementation, Rollout, and Communication plan support.

When can an employee be suspended pending Enquiry? Should it be paid or unpaid?

Suspension is not a punishment; rather, it is a decision of an administrative nature. Its sole intent is to prevent the offender from working in the office, and the employer alone has the authority to reverse the suspension order.

If the charge is significant or grave, the employee may also receive a suspension order in addition to the charge sheet. According to the Industrial Employment (Standing Order) Act of 1946, if the delay in the conclusion of disciplinary proceedings is not the result of the worker's conduct, the suspended worker is to be paid a subsistence allowance equal to one-half of his wages for the first ninety days of suspension and three-fourths of wages for the remaining period of suspension.

What is grave will depend on the discretion of the management. It has to be decided in accordance with the Code Of Discipline.

During the suspension, the relationship between master and servant continues between the employer and the employee. However, the employee is forbidden to perform his official duties. Thus, a suspension order does not put an end to the service. Suspension means the action of debarring for the time being from a function or privilege or temporary deprivation of working in the office. In certain cases, the suspension may cause stigma even after exoneration in the departmental proceedings or acquittal by the Criminal Court, but it cannot be treated as a punishment even by any stretch of the imagination in the strict legal sense.

Leave laws in India

 •  Factories Act of 1948

The Factories Act of 1948 has the welfare of factory workers at heart and strives to safeguard their interests when it comes to working conditions. Section 79 of the act mandates that organizations provide earned leaves to employees who've worked for at least 240 days in the previous calendar year. According to this section, adult employees must earn leave for every 20 days of work, and juvenile employees must earn leave for every 15 days of work. The earned leave days that employees are entitled to are not influenced by public holidays.

•  Industrial Establishments (National And Festival Holidays) Act

Under the National and Festival Holidays Act, every organization in India has to provide leave on January 26 for Republic Day, August 15 for Independence Day, and October 2 for Gandhi Jayanthi. For other festivals, the state can decide if employees should work or not. For instance, Delhi follows the Punjab Industrial Establishment (National And Festival Holidays) Act. As per the act, every employee is entitled to three national holidays and a minimum of four holidays for other festivals. Similarly, the Tamil Nadu Industrial Establishment (National And Festival Holidays) Act requires organizations to provide four national holidays and five festival holidays. Organizations must decide on national and festival holidays based on local laws.

•  Maternity Benefit Amendment Act 2017

The Maternity Benefit Amendment Act of 2017 brought about progressive changes to the Maternity Benefit Act of 1961 in order to empower working mothers. It entitles every mother to 26 weeks of paid leave, during which time they can recover from childbirth and take care of their newborns without having to quit their job. For the first two children, they receive 26 weeks of paid leave, and beyond that, they receive 12 weeks of paid leave. In the case of adoption, working women are entitled to 12 weeks of paid leave if the child is less than three months old. To use this benefit, the employee must have worked for at least 80 days.

•  Shops and Establishments Act

The Shops and Establishments Act applies to every state in India; however, the regulations mentioned in the act differ from state to state. For instance, the Delhi Shops and Establishments Act allows employees to take 24 hours of rest a week. Organizations shall provide a maximum of 15 days of earned leave if an employee has been employed continuously for a year. Similarly, every employee is entitled to a minimum of 12 sick leaves per year.

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How to draft a leave policy as per applicable employment and labor laws in India

Any organization, regardless of its size or sector, needs a thorough leave policy to prevent employees from taking unapproved time off and to ensure that it complies with regional and federal labor laws.

A good leave policy specifies the numerous types of leaves that employees are entitled to, how frequently they can use them when their leave requests must be submitted for approval, who authorizes them, and what happens after they use up all of their remaining leave balances. The law policy should be designed only as per prevailing labor laws. Here's a brief explanation of the key leave laws in India:

•  Factories Act of 1948

The Factories Act of 1948 has the welfare of factory workers at heart and strives to safeguard their interests when it comes to working conditions. Section 79 of the act mandates that organizations provide earned leaves to employees who've worked for at least 240 days in the previous calendar year. According to this section, adult employees must earn leave for every 20 days of work, and juvenile employees must earn leave for every 15 days of work. The earned leave days that employees are entitled to are not influenced by public holidays.

•  Industrial Establishments (National And Festival Holidays) Act

Under the National and Festival Holidays Act, every organization in India has to provide leave on January 26 for Republic Day, August 15 for Independence Day, and October 2 for Gandhi Jayanthi. For other festivals, the state can decide if employees should work or not. For instance, Delhi follows the Punjab Industrial Establishment (National And Festival Holidays) Act. As per the act, every employee is entitled to three national holidays and a minimum of four holidays for other festivals. Similarly, the Tamil Nadu Industrial Establishment (National And Festival Holidays) Act requires organizations to provide four national holidays and five festival holidays. Organizations must decide on national and festival holidays based on local laws.

•  Maternity Benefit Amendment Act 2017

The Maternity Benefit Amendment Act of 2017 brought about progressive changes to the Maternity Benefit Act of 1961 in order to empower working mothers. It entitles every mother to 26 weeks of paid leave, during which time they can recover from childbirth and take care of their newborns without having to quit their job. For the first two children, they receive 26 weeks of paid leave, and beyond that, they receive 12 weeks of paid leave. In the case of adoption, working women are entitled to 12 weeks of paid leave if the child is less than three months old. To use this benefit, the employee must have worked for at least 80 days.

•  Shops and Establishments Act

The Shops and Establishments Act applies to every state in India; however, the regulations mentioned in the act differ from state to state. For instance, the Delhi Shops and Establishments Act allows employees to take 24 hours of rest a week. Organizations shall provide a maximum of 15 days of earned leave if an employee has been employed continuously for a year. Similarly, every employee is entitled to a minimum of 12 sick leaves per year.

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Draft Work From Home Policy in India as per legal norms

 

Work-from-home policies are those that allow employees to conduct their business from their home or place of residence rather than an office.

A work-from-home policy is an arrangement between an employer and an employee that enables the employee to conduct business from the convenience of their home.

Although working from home can be difficult, it can be made easier with clear communication and policies that are made specifically for the jobs in question.

When establishing a work-from-home policy, the human resources department should be aware of the objectives and procedures of the employer. To ensure that the arrangement of working from home serves both the employee and the employer, the policy should be carefully written with specifics kept in mind.

An employee's ability to work from home is a big perk provided by their employer. Such privileges, however, need to be reserved for workers who merit them.

Additionally, not every job fits the structure of the work-from-home arrangement. a few jobs that call for on-site participation. Ensure that there are explicit rules stating who is eligible to get the work-from-home benefit and who is not.

Here are a few considerations you can make when choosing employees who will work remotely. Obtain input regarding the worker's dependability

Additionally, the worker ought to have a strong work ethic. Make sure to keep your biases separate. Recognize whether the worker has the resources to manage to work from home. Recognize whether their work history fits the position.

Make sure staff members understand the process for requesting the ability to work from home. They must be familiar with the application procedure. In addition, develop a rigorous procedure for any future authorizations needed by the employee to address issues in a priority manner.

The employee's comprehension of the application process for the right to work from home should also be proved. You should specify the approval procedure for that.

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Mensuration Leave Policy and Indian Legal System

 

Introduction A program known as menstruation leave enables women to take time off work throughout their menstrual cycle. It is significant because a woman's capacity to work might be impacted by menstruation, which can be a painful and uncomfortable experience. Menstrual leave supports gender equality in the workplace and acknowledges the value of women's reproductive health. It also aids in lowering the stigma associated with menstruation and motivates businesses to offer women better working circumstances.

The importance of the same was highlighted when 

1. National Human Rights Commission vs. State of Arunachal Pradesh (2017)

In this instance, the state government should grant women who work for the government menstrual leave, according to the National Human Rights Commission's (NHRC) recommendation. The suggestion of the NHRC can be used to back up the claim that menstruation leave is a fundamental human right and ought to be made available by the government.

2. Anushree V. R. vs. Government of NCT of Delhi (2015): 

The Delhi High Court held that employers cannot discriminate against women who take time off for menstrual cramps and suffering since they have a legitimate reason to do so. The decision can be cited as evidence in favor of making menstruation leave a recognized type of leave in India. 

3. Kerala Women’s Commission vs. Cochin Devaswom Board (2018): In this case, Kerala 

The Cochin Devaswom Board was advised by the Women's Commission to grant menstrual leave to female employees who work in temples. The recommendation can be used to support the implementation of menstruation leave in places of worship and other workplaces where there may be a risk to women's health and safety.

                                                                                                                                                                                                

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Maternity Leave Policy in India

 

Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and

The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage 

• Surrogate or commissioning mothers 

                                                                                                                                                                                                    

Employment Law - Leave Policy in India

 

The relationship between a worker, a trade union, and the general government is represented by the field of law known as labour law. It is crucial for preserving workers' rights, their unions, and pay. It also helps to forge a connection between employers and employees. It is a safeguarding code for laborers, workers, and employees as well, establishing a standard rule governing labour work practices and educating them about their rights. Labor law and employment law are frequently mistakenly combined. The branch of law that focuses exclusively on the connection between an employer and employee is employment law.

The overarching framework for determining various aspects of leave, such as category or categories, eligibility, duration, etc., is established by employment legislation. Numerous businesses and organizations divide leave into various categories, such as unpaid leave, paid leave, earned leave, maternity leave, special leaves, unpaid leave for the loss of pay, unpaid leave for compensatory reasons, etc.

Leave policies are developed with the unions when employment contacts involve trade unions in the decision-making process. The Industrial Employment Standing Orders Act, created to enforce certain service conditions, references such thorough consultation.

In India, three different types of leaves—earned leave, sick leave, and casual leave—are typically observed. For various types of leaves, multiple laws have varied provisions.

1. Earned Leave

2. Casual Leave ( Casual Leave)

3. Sick / Medical Leave

4. Maternity Leave 

                                                                                                                                                                                                  

Employment Policy Design

 

Employment / HR policies provide written guidance for employees and managers on how to handle a range of employment issues. They play an important role in practically and effectively implementing an organization’s HR strategy. Human resources policies provide the necessary structure many businesses need to sustain the company’s productivity and overall profitability. Our HR policy design services is responsible to review existing policies, identity gap areas ,design policies, programs, and initiatives aligned to HR strategy ,Company’s Value , Vision , Business requirement and law of land.

We design policies for complete life cycle of employee in an organization. Covering area’s from Talent Acquisition, Talent Management , Total rewards and Wellness (. Employee Benefits & Compensation Structuring ,Employee Stock Options & Share Plans), Employee Relations, Talent Development , Health and Safety , Administration ,Diversity and Inclusion , Code of conduct ,Employee Participation, Employee Separation policies (including VRS) ,Communication policies including social media etc.

This includes the following Stages :

• HR Policy Current Stage Audit
• Risk and Gap Identification
• Identify Policies required based on business requirement and law of land.
• Advisory on identified policies
• Provide Required Support w.r.t Industry Insights (without client details) and Best Practices
• Drafting, Implementation, Roll out and Communication plan support.

                                                                                                                                                                                                 

Key provisions of Shops & Establishment Act

 

Opening hours of shops: The shop owner will display hours of operation very clearly, and the state government can specify the outer limits for operations.

Closing hours of shops: The government with the notification can specify the closing time for each category of shops registered under the act.

Hawking prohibited: before opening and after closing hours of shops: Employer/owner to ensure no hawking taking place before and after the working hours of shop

Opening and closing hours of commercial establishments: No commercial establishment shall be opened any day before 8.30 a.m. and closed later than 9.30 p.m.

Daily and weekly hours of work in shops and commercial establishments: Subject to provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than Nine hours on any day and forty-eight hours in any week. Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1) if such period does not exceed [six] hours in any week. (3) On not more than six days in a year which the [State] Government may fix by rules made on this behalf, for purposes of making of accounts, stock taking settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section if such excess period does not exceed twenty-four hours.

The interval for rest: Spread over The period of work of an employee in a shop or commercial establishment each day shall be so fixed that no period for continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour

Spread over in shops:  Spread over in commercial establishments is allowed and owners can have staggered hours of working to ensure the manpower is available during business hours of establishments.

Weekly offs: Under the act, the manager has to declare the Holidays in a week in shops and commercial establishments

Opening and closing hours of restaurants and eating houses: Restaurants and eating houses are not to sell goods sold before and after the closing hours of shops. Daily and weekly hours of work in residential hotels, restaurants and eating houses. There should be a provision for Intervals for rest and in case Spread-over is used it should be shown at the visible location and place for rest to be provided. The manager has to provide for Holidays for a week. The employer has to give an identity card to every employee employed on his premises.

Employment of Child and Young Person: Employment of Children, Young Persons and Women are restricted and, no child shall be required or allowed to work whether as an employer or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer. Opening and closing hours for young persons and women and No such young person shall be required or allowed to work in any establishment after 7.00 p.m. No such woman shall be required or allowed to work in any establishment after 9.30 p.m. 34.

Daily hours of work for young persons: Notwithstanding anything contained in this Act, no young person shall be required or allowed to work, whether as an employee or otherwise, in any establishment for more than six hours on any day.

No young person shall be required or allowed to work whether as an employee or otherwise in any establishment for more than three hours on any day unless he has had an interval for the rest of at least half an hour.

Prohibition of employment of young persons and women in dangerous work: No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification in the Official Gazette, to be work involving danger to life, health or morals.

Leave and Other Acts applicable and provisions: Minimum working days and accumulation-related provisions are made in each state act. Pay during leave if asked to be provided for by the manager. Payment when to be made before or after based on the tenure of leave applied. Shops and establishments have Applications and amendment of the Payment of Wages Act is applicable to all the stakeholders. Shops and establishments have applied of Industrial Employment (Standing Orders) Act to Establishments also Maternity Benefit Act for women employees in the establishment. All aspects of Overtime and wages for overtime are applicable as per the standing order. The Manager is expected to the maintenance of Registers of employees, wages, leave, and overtime as prescribed by law.  The provision of Restriction on double employment on a holiday or during leave, Notice of termination of service

Health Safety and Environment: The manager is to ensure cleanliness, Ventilation, and Lighting as per the norms. It should be adequate and sufficient to ensure a healthy condition for work. There should be Precautions against fire as per relevant acts and rules of a local body. The Manager has to keep the First Aid kit as per norms.

Enforcement and Inspections: Under this law, the Powers and duties of local Authorities are specified and, they can make the rule, in case of failure of the local authority the State government can take over the administration of acts in specific areas. The state government can delegate the powers to any other body to discharge the duties under this act. State government to provide for the performance of duties on default by a local authority. State government can Appointment of Inspectors, and specify the Powers and Duties of Inspectors. The inspectors appointed under this act shall be public servants.