![Page 1: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/1.jpg)
NEW AGE
Human Resource Management
and
Impact of Employment Legislations in
India
By
V & M Associates
24th Nov 2015
By
V & M Associates
24th Nov 2015 12–1www.vmlegalassociates.c
om
![Page 2: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/2.jpg)
PRESENTATION CONTENT Recruitment & Selection Employment Contract Compensation & wages Performance Management Leave & Holidays Work place discipline Welfare Employee Movement Employee Exit Terminal Benefits Special Provisions
www.vmlegalassociates.com
![Page 3: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/3.jpg)
Procedural Compliance
FIRST &
then the rest.Keep the clear image on
GOVERNANCE – To retain
Customers Globally
www.vmlegalassociates.com
![Page 4: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/4.jpg)
NON ADHERENCE
AN EASY WAY TO
SERVE BUT WILL
PUT THE
MASTER IN
GREAT DEAL OF
TROUBLE www.vmlegalassociates.com
![Page 5: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/5.jpg)
Recruitment & Selection
12–5
Unit 1
NEW AGE Human Resource Management
and
Impact of Employment Legislations in India
www.vmlegalassociates.com
![Page 6: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/6.jpg)
Modern Techniques of Recruitment
Web Based Job Sites, Online Portals & Social Media Solutions and Legal Obligations
www.vmlegalassociates.com
![Page 7: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/7.jpg)
Concepts
Knowledge based Recruitment E- Recruitment / On line Recruitment Scouting – Investigations Re- Recruitment Event Recruitment Networking Job Portals – Posting the Job Description Resume Scanning – pre defined search Passive Job Seekers C V Bank Passer – by applicant Make every employee as Recruiter –
Employee Referral www.vmlegalassociates.com
![Page 8: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/8.jpg)
Innovative Practices Sending SMS – texting simply “ APPLY” Video / Visual Networks Blogging on Social Networking sites Job Fairs, Job Application Banners, Pamphlets, Hoardings,
Advertisement In transit Advertisement – in public transport system Public Address system Radio / Television
www.vmlegalassociates.com
![Page 9: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/9.jpg)
Challenges in Modern Methods
Quality of Hire / Performance in the interview is good and in the work is poor
Source of Hire
Referral Rates / Conversion Rate
Pipeline Development
Legal & Moral Obligations
www.vmlegalassociates.com
![Page 10: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/10.jpg)
Job Portals
Act Applicable:
The Contract Act
Specific Provisions:
Talent Data Base of the company, Non Disclosure, Misrepresentations, Terms & Renewal, Posting conditions, Portal Promotional schemes etc
Contractual Obligations User based licenses Free and other mode of portals – services and the
employers obligations www.vmlegalassociates.com
![Page 11: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/11.jpg)
Social Media Social media can be useful for
Recruitments What is it? How is it being used?
Company’s / Recruiters Personal legal obligations.
Users should be proactive with maintaining control over content and establishing institutional policies on
appropriate use.
11www.vmlegalassociates.com
![Page 12: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/12.jpg)
Recruitment & Social Networking Broad range of Internet activities generally involved :
Texting Chat rooms Emails Blogging Videos – Skype
Easily accessible Work computers – company I P ID Home computers – Personal I P ID Mobile smart phones and other devices
Inherent risks Immediacy Global reach Searchable “Email is Forever” Expectation of a dialogue
www.vmlegalassociates.com
![Page 13: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/13.jpg)
Online Social Networking
Face book>400 million users worldwide20 billion minutes spent on Face book each dayIncreasing corporate use for Marketing / Relationship
Building
Twitter“Tweets” – max. of 140 charactersCelebrity usage – Corporate use growing exponentially Over 85 million users / month and growingLargest user demographic
13www.vmlegalassociates.com
![Page 14: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/14.jpg)
LinkedIn For professionals Over millions of registered users
MySpace Similar to Facebook
YouTube Online videos
Blogs The original social networking tool
Non-provider hosted sites (external sites) Different legal obligations may arise when a provider hosts blogs and
other media on its own servers
Online Social Networking
www.vmlegalassociates.com
![Page 15: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/15.jpg)
Social Media & Networking
Act Applicable: Implied Conditions The Contract Act – based on the Press of “Accept”
Specific Provisions: Privacy aspects, Passive seekers, Conflict of invitation
Implied Obligations:Fake user / False invitations Recruiter – CautionServices and the Employers obligations Social Media Policywww.vmlegalassociates.c
om
![Page 16: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/16.jpg)
Social Media Policy
Providers should:Adopt a Social Media Policy for
employees and staff
Educate staff about the contents of the Policy
Enforce policy through imposing consequences for violations
www.vmlegalassociates.com
![Page 17: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/17.jpg)
Social Media Policy: Adopt
Policy should:Set rules for what information staff can post
and say online
Remind and educate staff about obligations – Candidate privacy, protecting proprietary institutional information
Clarify appropriate relationships between staff, the connection, service provider and the public
12–17www.vmlegalassociates.c
om
![Page 18: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/18.jpg)
Social Media Policy: Educate & Enforce
Educate:Any policy is only as good as the institutional
awareness of it
Know the policy; educate staff at hire and push periodic updates
Enforce:Follow through with penalties for violations
18www.vmlegalassociates.com
![Page 19: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/19.jpg)
Social Media Policy: Provisions & Examples
Rules for use: Maintain Candidates Credentials Confidentiality /
privacyRespect the Candidates’ current organization – no
libelous or defamatory speechSafeguard proprietary institutional informationComply with copyright, trademark and other lawDo not communicate on “behalf” of institutionNo Recruitment Professional advice / to take some
company or not to accept the offer etc
19www.vmlegalassociates.com
![Page 20: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/20.jpg)
Selection - Resume Screening
Caution in questioning Frequent Changes in Employment Resume fraud if found How To avoid Major negligent hiring Concerns over fraud and embezzlement Gut instinct” not a substitute for “trust,
but verify” Reluctance of past employers to give
detailed references Events of professional in nature Work place violence if
12–20www.vmlegalassociates.c
om
![Page 21: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/21.jpg)
Basics of Screening
S – Sources of information are public records (e.g., criminal records), private records, and verification of credentials – not viewed as an invasion of privacy or unusual
C – Consent in writing as declaration from the Candidates
R – Rationale (screening encourages honesty, demonstrates due diligence, and helps in hiring based on facts and not just instinct)
E – Even-handed (similarly situated people treated similarly – issue of discrimination against protected groups)
E – Effectiveness – no single tool can be relied upon but need a series of overlapping tools
N – Not a CBI/Police check or Big Brother watching, but a valuable due diligence employment tool to avoid surprises 12–
21www.vmlegalassociates.com
![Page 22: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/22.jpg)
Scope of Screening
Criminal searches based on where applicant has lived, worked, or studied
Sexual offender records
Driving records
Past employment / education verification
Licenses and credentials
Various disbarment lists – agency wise
Financial / Credit reports for specific positions ( Marketing)
Internet searches (Facebook, search engines, business connection sites, etc)
12–22www.vmlegalassociates.c
om
![Page 23: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/23.jpg)
Available Tools
What tools are used to conduct background checks:
Research on the internet
Interviews with potential candidates
Request for information from former employers or government agencies
12–23
Background Checks
Background Checks
www.vmlegalassociates.com
![Page 24: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/24.jpg)
Legal Framework of Back Ground Verification
What is the legal framework for each tool?
Law and regulations
Written consent by employee
Employment contract
Relevance
12–24www.vmlegalassociates.c
om
![Page 25: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/25.jpg)
Applicable Law Back Ground Verification
Act: The Contract Act – Personal Agreement between the company and the Candidate
Specific provisions: Voluntary undertaking / Personal consent and Declaration in the form of details
*************** Making Use & Misusage of the verified report Maintaining confidentiality Organization's image, Loss of reputation Third party reserved rights and our obligation
12–25www.vmlegalassociates.c
om
![Page 26: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/26.jpg)
Damages and Remedies for Employees & Employer
Damages and remedies to applicants and current employees
Damages and remedies to third-party victims
Damages and remedies to the hiring company
12–26www.vmlegalassociates.c
om
![Page 27: NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates](https://reader038.vdocuments.mx/reader038/viewer/2022110213/5697bf8f1a28abf838c8d9bb/html5/thumbnails/27.jpg)
Specific Questions
27
SECTION Recruitment & Selection
www.vmlegalassociates.com