A company`s human resources policy defines the process by which an employer and one or more employees can jointly achieve the company`s objectives. Most importantly, a company`s human resources policies must be created in accordance with the company`s goals and work ethic with the help of a lawyer who specializes in labor and employment law. The HR guidelines for companies in India need to be updated so that you not only meet the legal requirements, but also remain competitive with your peer employers. A healthy work environment increases the productivity, loyalty and satisfaction of your employees. For more information on expanding into different markets around the world, click here to explore our website. S&E laws write certain terms of employment such as working hours, vacation, vacation rights, termination procedures, etc. before. In addition, employers are required to comply with the applicable social security legislation. For example, under the Employees` Provident Funds and Miscellaneous Provisions Act 1952, any employer employing 20 or more employees is required to make prescribed contributions to the Benefits Fund for all of its employees earning less than INR 15,000 per month.

It can be defined as a set of company policies. First, it establishes a development strategy, second, communication and, finally, the application of a set of practices that reflect the company`s standards of acceptable behavior. If the transaction involves a sale of assets or businesses (including affiliated employees), the employees` consent must be obtained for the transfer of their jobs to the buyer. In addition, if the Buyer does not offer: (i) continuity of service, as well as credit to the Seller of the service time provided by the Employee; and (ii) terms and conditions of employment no less favourable than those applicable to Seller, then all employees who are considered “workers” under the Identification Act are entitled to one month`s legal notice (or salary in lieu thereof) and a reduction indemnity (in the amount of 15 daily wages for each year of service completed). (ii) Dismissal of employees at will is not recognized in India and, therefore, an employee can only be dismissed for valid reasons or misconduct, the provisions of which are governed by the Labour Disputes Act 1947 (IDA). This law applies only to persons in the “worker” category. The dismissal of senior managers is a little simpler and, therefore, the category of “workers” is quite protected, although the dismissal of a senior manager can be a cause of great reputational risks. 6.5 When does an employer have the right to dismiss for the following reasons: (1) for reasons related to the individual employee; or 2) business reasons? Are employees entitled to compensation in the event of dismissal and, if so, how is compensation calculated? It is the sole responsibility of human resources to ensure that company policies comply with local state and country laws. In addition, as HR staff, it is important to know these laws and implement the right procedures. Proper precautions should be taken when drafting company policies, as India`s company laws are complicated. The 5-year Sexual Harassment Act 2013 took India`s business community by storm. The law is highly appreciated and has even led to the closure of some businesses.

In addition, the law protects not only employees and interns of an organization, but also any woman who visits the company or a customer. Every organization must implement a sexual harassment policy in order to actively address all complaints. Yes, an employer can require employees to take a period of garden leave during the notice period in accordance with the employee`s employment contract. Although there is no legal right to paternity leave, an employer may, at its discretion, grant paternity leave to male employees. However, employers can also use HR policies to gain a competitive advantage. A good HR policy can make employers more attractive to talent in the job market and reduce costly turnover rates. At the same time, strong human resource and payroll management can help convey company values locally and improve workforce efficiency. 1.3 Do employment contracts require a written form? If not, does any information need to be provided in writing to employees? (iii) The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Redress) Act 2013 (POSH Act) in India allowed female employees to talk about sexual harassment they have experienced in the workplace. The number of complaints has increased as a result of the enforcement of this law, which has encouraged employees to also comment on past incidents that have not been reported for fear of reprisal. One of the methods to prevent such incidents is to conduct appropriate disciplinary procedures and investigations in accordance with the POSH Law, while holding the perpetrator accountable. Another option is to develop a clear code of ethics against any type of sexual harassment and to have all employees trained on the subject.

2.7 Are employees entitled to representation at the board level? It should be noted that only organizations with more than 10 employees are required to have a contingency fund. Employees in India can only be dismissed in accordance with the terms of their employment contract. A communication policy helps establish and maintain open communication for employees at different levels of the organization. This policy covers your company`s policies regarding email, mobile phone use, phones, message boards, memos, etc. It must also put in place the right mechanisms to frequently update existing technology as well as communication channels. A company`s code of conduct contains the vision, ethics and mission of the organization and is also created to create and maintain the right business environment for employees. It contains the work rules to which the company`s employees adhere. Upon returning from maternity leave, a woman is entitled to additional breastfeeding breaks as part of her daily work to support her child. In addition, employers with 50 or more employees are required to provide crèches at a reasonable distance from the establishment and to allow mothers to go to the crèche at least four times a day. An employer may also allow a woman to work from home if the work assigned to her is such that she can work from home.

Therefore, retaining employees through HR managers is a good strategy and becomes necessary to protect the company`s intellectual and confidential data. In-house lawyers must create well-drafted employment contracts to prohibit the recruitment of employees and clients if necessary. Another important preventive measure should be the correct handover of all systems/laptops used by the dismissed employee for data theft. Under the Information Technology Act 2000 (Information Technology Act), read in conjunction with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) (SPDI Rules), 2011, an employer is required to implement appropriate security practices and procedures with respect to “sensitive personal data or information”. The employee`s consent must be obtained prior to the transfer of an employee`s “sensitive personal data or information”. The Data Protection Act imposes civil and criminal liability for the disclosure of “personal data” in breach of a legal contract or without the consent of the employee. To ensure the safety of employees, companies must design appropriate human resources policies within the company and ensure that they are clearly communicated to all employees. Work offices are a little different from what they were a few years ago.

Nowadays, more and more employees are looking for flexible work options such as working from home or 5-day work weeks. The dress code policy exists to make work more professional and promote a better working environment. A good dress code is a set of guidelines for understanding what is appropriate to wear to work. An established policy ensures that employees are well dressed for meetings and promote the right work culture. 3.8 Are there specific rules or requirements for whistleblowers and employees who raise concerns about misconduct in the company? HR staff should organize workshops or awareness programs and promote communication to foster an organizational culture that provides a fair and safe work environment for all employees. If you`re looking for an employment or labor lawyer who can help you create hiring guidelines for a start-up, look no further than MyAdvo. The goal of HR policies is to easily manage employees productively. Creating HR policies creates a foundation through which employees can be well managed and situations can be managed. .