In India, Human Resource (HR) regulations and laws are actually about the industrial laws and labor laws. These laws administer the association among the employees, employers, and the government to ensure that all the parties are satisfied. It is crucial for HR to understand the laws associated with HR practices in India and ensure everyone abides them. We often talk about the best HR practices, but rarely think about what basis HR follows the policies and make regulations at the workplace.
Subsequent points would highlight the HR laws especially for the small or medium sized business setups in India, which influences the HR duties of the organizations:
Indian work laws do not provide any procedures or rules, which companies must follow while hiring a candidate. Therefore, it depends on the enterprise to decide a suitable and rational process for interviewing, screening and recruiting. However, it is significant to remember that you follow a recruiting process, which follows the basic rights provided to the human capital such as not to discriminate any individual on the basis color, gender, religion, and region. On the other hand, it is the duty of the company to maintain the privacy of candidates’ information.
Indian employment and labor laws do not compulsorily involve any company to issue an offer letter. However, companies have a practice of providing offer letters to the candidates amongst medium and large sized organizations in India. If a company provides an offer letter to a candidate, it does not bind either of the parties until the offer letter contains any employment contract.
Indian laws do not have set criteria for work appointment letters. However, to provide employment letter to the candidates is a professional business practice. In India, appointment letters typically contain the following information:
· Employee Name and Address
· Job Title
· Job Description
· Work Address
· Date of Joining
· Tenure of employment
· Type of Job – Fixed or Temporary
· Salary and Benefits
· Privacy policies
· Leave policies
· Termination policies
· Non-compete clause
Voluntary and involuntary are the two reasons for employment termination. Involuntary termination stands for the termination by Employer. On the other hand, voluntary termination means an employee decides to end his/her employment with the respective organization. Employment termination must be based on the aforementioned employment contract which the employee had agreed upon and started working as per agreement. Moreover, employment termination must adhere to the rules & regulations, which ensure that employees are fairly treated.
Health and Safety
The government bodies timely ensure that employers abide certain rules to provide the employees a safe and healthy work environment. Employers must make sure whether their staff is working in a safe workplace and there are no health hazards due to unnecessary elements. Therefore, it is crucial for all the companies to maintain a safe work environment.
Despite these facts, it is the responsibility of both employees and employers to follow the rules, regulations, and policies. HR duties of any organization must include the fundamental rights of employees. Regardless, the policies or rules employers and staff follow it must be for the betterment of the organization and employees. No organizational development exists before even thinking about the workers’ benefits, safety, and health. Otherwise, it would do no good to either of the parties.
For more information on Indian Labour Laws click here.