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Human Resource Law

The Indian law in relation to Human Resources (HR) is a complex combination of Central and State laws. Diverse laws govern the various aspects of HR such as employment, compensation, harassment, safety at workplace, termination, corrective action, policies, procedures, benefits administration and records maintenance. A large number of compliances are required to be regularly fulfilled by employers under these laws on a monthly, quarterly or annual basis. 

 
Some of the prominent HR-related laws in India are:
 

Laws related to Industrial Relations:

Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946
Trade Unions Act, 1926
   
  Laws related to Wages:
Minimum Wages Act, 1948
Payment of Bonus Act, 1965
Payment of Wages Act, 1936
   
  Laws related to Working Hours, Conditions of Service and Employment:
Contract Labour (Regulation & Abolition) Act, 1970
Factories Act, 1948
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Sales Promotion Employees (Conditions of Service) Act, 1976
Shops & Establishment Act
   
 

Laws related to Equality and Empowerment of Women:

Equal Remuneration Act, 1976
Maternity Benefit Act, 1961
   
  Laws related to Deprived and Disadvantaged Sections of the Society:
Bonded Labour System (Abolition) Act, 1976
Child Labour (Prohibition & Regulation) Act, 1986
   
  Laws related to Social Security:
Employees’ State Insurance Act, 1948
Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
Payment of Gratuity Act, 1972
Workmen’s Compensation Act, 1923
   
 
Besides the above-mentioned HR-specific laws, the relation between an employer and an
 
employee may also be governed by the following general laws: 
   
Indian Contract Act, 1872
Intellectual Property Laws
Information Technology Act, 2000
Arbitration & Conciliation Act, 1996
Specific Relief Act, 1963
Law of torts
   
 

While these HR-specific laws are highly complex and difficult to comprehend by many, the onus is on the employer to understand them and comply with the provisions specified therein. Consequences of non-compliance are stiff. Failure to comply with the statutory requirements can result in fines, penalties, and in the most extreme cases, imprisonment for the Directors and/or the officer-in-charge of the Company. It thus augurs well for any business entity to be aware of the various HR-related laws and regularly comply with all the requirements.

 
We understand the intricacies involved in these HR-related laws and the difficulties faced by companies in complying with them. We, therefore, provide a comprehensive range of services to our clients that cover various aspects of HR in a company, including: 
   
Drafting all HR-related documents such as job offer letter,appointment letter, transfer letter, appraisal letter, leave
 
application slip, confidentiality & non-disclosure undertaking, resignation letter, acceptance of resignation letter, termination letter and clearance form.
   
Drafting comprehensive HR policies & procedure manuals
   
Drafting employee-related agreements such as confidentiality, non-disclosure and non-solicitation agreements
   
Advising on the various compliances required to be fulfilled under applicable laws
   
Providing advice and opinion on complex HR-related issues faced by the company from time to time  
   
Handling employee-related disputes arising out of termination, voluntary resignation, non-payment of dues, etc.
   
Conducting HR Audits, which involves reviewing the existing HR documents and practices of the company,evalua-   
 
ting the compliance-level being currently achieved by the company, suggesting possible areas of improvement
re-drafting HR documents as deemed necessary and ensuring that the company becomes legally-Compliant
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