Industrial Relations Code, 2020

by | Oct 1, 2020 | Human Resources, Uncategorized

Introduction

Industrial Relations Code, 2020 consolidates and amends the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes. The code combines and simplifies 3 Central Labour Laws – The Trade Unions Act, 1926, The Industrial Employment (Standing Orders) Act,1946 and The Industrial Disputes Act, 1947.

The legislation provides for a broader framework to protect the rights of workers to form unions, to minimise the friction between the employers and workers and to provide provisions for investigation and settlement of industrial disputes.

Key Highlights

• Provision for Gratuity has been made for ‘Fixed Term Employee’ if employee render service under the contract for a period of one year.
• The code provides that the fixed term employee will get all (Social Security) statutory benefits like ESI, EPF, bonus, wages, hours of work, etc at par with regular employees who are doing work of same or similar nature.
• The termination of the service of a worker as a result of completion of tenure of fixed term employment would not be a retrenchment.
• Definitions modified  under the code i.e. Industrial Dispute, Railway, Employee, Employer and Industry etc.
• Trade union to give notice of 14 days before going on strike
• Arrangement for going to the Tribunal has been made for resolving disputes arising between Trade Unions. 
• It raises the threshold for the requirement of a standing order from 100 to 300 workers.
• Efforts made by the Government for quickly resolving disputes of the workers :
• Introduced provision to refer the matter straight to the Tribunal in case the dispute is not resolved at conciliation stage.
• Provision for the Worker RE-Skilling fund has been made in the law to re-skill those workers who have been fired from their jobs. Employer to give additional 15 days salary to such employee.
• Employee of an Industrial raise dispute with the employer within the time limit of only 2 years instead of 3 years.
• The definition of worker will be based on the basis of wages being drawn by him and Worker/Employees with salary upto Rs 18,000 p.m.
• Industrial Relations Code Bill allows companies with up to 300 workers to lay off people without the state government’s approval.
• if over 50% of a company’s workers take concerted casual leave, it will be treated as a strike.
• A fine of  INR 1,00,000, which may extend upto INR 10,00,000, is leviable on any person who contravenes this provision.

The Code On Social Security, 2020

by | Oct 1, 2020 | Human Resources, Uncategorized

Introduction

The Code on Social Security, 2020 is a code to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors. 

The Social Security Code, 2020 brings unorganised sector, gig workers and platform workers under the ambit of social security schemes, including life insurance and disability insurance, health and maternity benefits, provident fund, etc. The Act amalgamates nine central labour enactments relating to social security. 

Key Highlights

• New Category of workers have been included under this code ( i.e. Gig workers, Platform work and Unorganized worker) and discussed on their social security benefits.
• The Code on Social Security Bill extends social security funds to workers for app-based firms.
• Renamed the designation of Inspector as Inspector cum Facilitator who is expected to supply information and give advice to employers and  workers concerning the most effective means of complying with the provisions of the proposed Code.
• Modified the definition of ‘wages’ and divided definition in three parts for easy calculation.
• Effort have been made to provide right to health security under ESIC to maximum possible workers.
• Establishments working in hazardous sectors would mandatorily be linked with ESIC, even if there is only one worker working in it.
• If any employer fails to pay ESI contributions, even then ESI has to pass on the benefits to the employee which ESIC can recover it from the employer to the extent of the capitalised value of the benefit net of any payment of contribution amount, interest and damages payable by the employer.
• No Exemption under EPFO and the coverage would be applicable on ALL establishments having 20 and above number of workers.
• Increase in penalty and term of imprisonment under EPFO.
• Provision for Gratuity has been made for ‘Fixed Term Employee’ and there would not be any condition for minimum service period to avail the benefits.
• The threshold Gratuity period for working journalists reduces from five years to three years.
• it has been made mandatory for all establishments with 20 or more workers to report the vacancy position in their establishments. This information would be given on online portal.
• Every woman is entitled for Medical Bonus of up to Rs 3,500/- where pre-natal confinement and post-natal care is not provided by employer whose upper limit can be amend by the Central government upto Rs 20000/-, this upper limit of Rs 20000/- has been removed under the code.

Things to Keep In Mind When Resuming Work after Lockdown

by Prompt Personnel | May 28, 2020 | Human Resources, Uncategorized

With the on-going battle against COVID-19, work from home has become a widely accepted work arrangement for most of us. However, as the lockdown restrictions are being lifted in certain parts of the country, and we hope to see some relaxations in other parts too, the doubts regarding going back to office are arising. Although the government is trying its best to impose safety guidelines, it eventually comes down to the precautions we consciously take when we go back to work. Here are a few things to keep in mind as we resume work after the lockdown –

1. Observe Social Distancing

   Avoiding gatherings has become the new mantra in today’s times. As you resume work, your natural instinct would be to gather in groups with your co-workers and catch up on all the lost time that was missed. But, safety overpowers it all. We also must ensure that social distancing is maintained even in the office premises.

2. Maintain Hygiene

   This should be a top priority for professionals for when they resume work. Sanitizing the surroundings and keeping yourself clean will definitely go a long way and is a requisite now. Maintaining cleanliness on your work desk and areas in the office, along with personal hygiene should be practiced on a daily basis. Sanitizing hands after using the toilet, and before and after meals must be strictly followed too.

3. Protection Kit

   Face masks, sanitizers, gloves, and wet wipes will now replace other essentials that you’d carry in the pre-COVID world. It is imperative to have your own sanitization kit, and it is all the more important to carry it everywhere, especially to work.

4. Go Paperless

   One sure-fire way to ensure your health when you commute to work is to rely on digital currency and make payments only via digital apps. Avoid the exchange of notes or actual paper as much as possible. This will ensure not just your safety but also the other person’s.

5. Bring Your Own Food

   There was a time when outside food was also a feasible lunch option. Now, however, to ensure your safety, you must only adhere to home-cooked food for lunch. That way, you will also be certain of the hygiene and quality of what you’re eating and who has handled your food prior to consuming it.

When we do resume offices properly, we hope that health and hygiene becomes a little more of a priority now than it was before. With these few considerations, things will resume normalcy very soon.

Senior Management Talks on Maintaining Productivity During Covid-19

by Prompt Personnel | Apr 24, 2020 | Human Resources, Uncategorized

During this tough time where businesses are facing challenges; we thought it would be more helpful to gain some in-depth insights from the top management who are well-adept with the industries and work. With our new series on #PromptProductivity, we spoke with some key people in our organization, for a detailed chat on how current scenarios has impacted productivity levels. We had a talk with our Executive Director, Mrs. Monisha Basakhetre who heads Permanent Recruitment vertical at Prompt Personnel, to know her take on achieving productivity levels during Covid-19.

It is a tough time for the workforce of all levels, especially for you. How are you coping with this sudden, unprecedented challenge, in terms of managing work from home? How has the current situation impacted productivity levels in your department?

Yes, it is indeed a tough time, but tough times do not last; tough people do. And, I am sure this time too shall pass away As far as teams working in Prompt Personnel are concerned, as soon as it was announced that Pan India offices of Prompt Personnel shall start WFH there was preparedness from day one. I still remember the last day when we were winding up operations in office. Everyone was on their toes grabbing their dairies, papers, files, notes whatever they felt was important, no one knew what was coming in the next few days or what was work from home culture or for how many days would we be under lockdown. There was an air of excitement ,a beginning of something new and fear of the unknown . Dedicated Admin and IT team were working night and day to set up systems in individual homes, software, technology infrastructure and all that was needed to make work for employees as comfortable as possible. Loads of detailed planning went into this process every minute detail was checked with accuracy alertness and promptness, there were absolutely no compromises in any way by the management and the Task force.. The whole purpose was to make sure employees working from home had no difficulties whatsoever. Technology was a big game changer This surely helped for smooth transition of work from office to work from home.

How are you managing your employees and their work from home? How are you overcoming these challenges to ensure regular flow of work?

Work from home has been a new journey of mixed feelings for employees. It has been filled with excitement, fear of failing sometimes , uncertainties of deliverables, happiness in achievement of tasks . However, it has not been as difficult as it seemed. Teams were quick to adapt to their new work culture of WFM as their Reporting Managers and the Head of the department were in constant touch with them. They made sure to follow a structured format of daily con calls with MIS reports weekly, interactions through emails zoom calls to keep in touch with each other. An eagle eye on the workflow process, was maintained by Leaders clear communication with minute detailing of the work was done. at all times empathy and patience by the Leaders for some delays in work has all helped the teams to perform and work well productively. As a matter of fact, the teams have bonded well helping each other during these tough times .. I can proudly mention here that productivity and efficiency has gone up from the time we have started work from home.

How are you ensuring good performance despite the situation and work for clients?

We have made sure to be in touch with all our clients and customers through emails and con calls. Effective and Transparent Communication was adopted , persuasive methods of follow up calls and emails with clients and customers for feedback was followed diligently We spoke with empathy and gave a patient hearing to all concerned in the current situation …Technology and digitzation of processes kept up the morale and positivity of work from home for the teams ..Recruiters were told to show care and empathy while interacting with candidates looking for jobs, maintaining strong follow ups with both candidates and clients, Payroll Executives were asked to go that extra mile to help during payouts of salaries for our Temp associates . Sourcing strategies were discussed regularly during team con calls to ensure quick turnaround time and ensure genuine candidates are on board. Strong bonding handholding methodologies were discussed within the teams which has surely helped them to work and perform better.

What techniques are you implementing/implemented to ensure productivity and efficiency?

Speed and accuracy in communication have been implemented for better productivity. Also, transparency in all transactions has helped to build trust and camaraderie among team members. Daily updates on work performance has also helped in closing loose ends and ensure maximum productivity. Constant communication between Clients Leaders and team members through calls and emails has helped to keep up the productivity and morale of the employees.

What tip would you give to professionals out there and to top-level management to maintain productivity even in this situation?

“Change is the new constant.” It is always better to embrace new changes with a positive and open mind. Meticulous planning and discipline help to prepare for the way forward in the current uncertain situations we are facing today.

Empowering employees to complete their tasks, trust, and empathy in their work performances, constant mentoring, and guidance to them, as Leaders is very important.

Handholding with team bonding to bring effectiveness into work. Also, helping them organize work flow charts ,to do lists , prioritize work in a scheduled manner, so that they bring in discipline and positivity to their work schedules.

Mental , Physical , Emotional health and well being of employees has to be kept in mind by the Leaders of the company while re-framing policies and processes..

The pandemic has been an unprecedented situation for not just companies but also employees. What everyone needs at this point is to keep Trust transparent communication empathy and care for each other during these testing times ..These are a few of my thoughts to share with the Leaders and their teams in the industry..