Indian Labour laws

5ATABLE OF CONTENTS

1. SHOPS & ESTABLISHMENTS ACT
   1.1 PROCEDURE FOR ISSUING A NEW REGISTRATION CERTIFICATE
   1.2 WORKING HOURS , OVERTIME & CLOSE DAY
   1.3 COMPULSORY HOLIDAYS
   1.4 LEAVES & WAGE DURING LEAVES
   1.5 DISMISSAL & TERMINATION
   1.6 RECOVERY OF ADVANCE
   1.7 ACCIDENTS
   1.8 RECORD
   1.9 LETTER OF APPOINTMENT
2. EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
   2.1 SCOPE
   2.2 CONTRIBUTION
   2.3 RETURNS
   2.4 REGISTERS
3. PAYMENT OF BONUS ACT, 1965
   3.1 SCOPE
   3.2 CONTRIBUTION
   3.3 RETURNS
   3.4 REGISTERS
4. EMPLOYEES’ STATE INSURANCE ACT, 1948
   4.1 SCOPE
   4.2 CONTRIBUTION
   4.3 RETURNS
   4.4 REGISTERS
5. PAYMENT OF GRATUITY ACT, 1972
   5.1 NOMINATION
   5.2 AMOUNT
   5.3 PAYMENT PERIOD
   5.4 DISPLAY
6. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
   6.1 SCOPE
   6.2 RETURNS
7. THE MATERNITY BENEFIT ACT, 1961
   7.1 SCOPE
   7.2 LEAVES
   7.3 BONUS

1. SHOPS & ESTABLISHMENTS ACT

	SECTION HEADING	PROVISION
1.1	Procedure for issue of new Registration Certificate	a) Application: Made in the specified format b) Processing Charges : Rs 200/- to be paid along with the application c) Documents to be enclosed: i) Ownership documents/Proof of Possession and/or Proof of authorization/tolerated status of the structure as format Indemnity Bond on non-judicial stamp paper ii) Undertaking/Indemnity bond as per the specified formats d) Inspection: Concerned Municipal Staff will visit the premises within 10 days from the date of receipt of application e) Issuance/Rejection: The processing gets completed within 15 days from the date of receipt of application and the applicant will be issued Registration Certificate or the rejection letter as the case may be.
1.2	Working Hours , Overtime & Close Day	Normal working hours(Sec. 8) 9 hours a day /48 hours a week Opening hours not before 8 AM and closing hours not after 6 PM Rest (Sec. 10) 1/2 hour each day Period of continuous work not to exceed 5 hours Spread over(Sec. 11) 10 1/2 hours including interval for rest Overtime(Sec. 8) Should not exceed 54 hours including normal working hours in a week Overtime should not exceed 150 hours a year Close Day(Sec. 16) There should be one close day every week
1.3	Compulsory holidays(Sec 16)	3 National holidays (26 Jan, 15 Aug, 2 October) Weekly close day; and PL / CL
1.4	Leaves- Sec. 22	PL -Not less than 15 days after every 12 months continuous service, provided that if an employee completes a period of 4 months in continuous employment, he shall be entitled to not less than 5 days PL for every such completed period. -Can be accumulated upto 3 years (i.e. upto 3 times the period of leave to which the employee is entitled after one year. -If an employee separates before he has been allowed PL, the employer shall pay him full wages for the period of leave due to him. SL/ CL -SL or CL not less than 12 days in a year, provided that if an employee completes a period of 1 month in continuous employment, he shall be entitled to not less than 1 days CL for every month. -Need not be accumulated beyond one year.
1.4	Wages during leave Sec. 23	At a rate equivalent to daily average of his wages for the days on which he actually worked during the preceding three months, excluding overtime, but including dearness allowance.
1.5	Notice of dismissal Sec. 30	In case of employee completing 3 months continuous service, minimum 1 month’s written notice/ payment in lieu thereof is required by either side, as the case may be.
1.5	Termination by or on behalf of the employer(Sec. 19-5)	Wages to be paid before the expiry of 2nd working day after the day on which employment is terminated
1.6	Recovery of advances – Sec. 20(2)(vi)	Deduction for recovery of advances should not exceed one-fourth of the wages earned in that month
1.7	Accidents Sec. 29	The provisions of Workmen’s’ Compensation Act 1923 shall apply if the accident occurs in the course of employment. If ESI is applicable to the employee, the employer shall cease to be liable under the Workmen’s’ Compensation Act.
1.8	Records Sec. 33	Close Day Notice (Form K); Hours worked, amount of leave taken, intervals allowed for rest and meals, particulars of all employment overtime; Form K to display.
1.9	Letters of appointments Sec. 34	The following particulars should be contained in the appointment letter: The name of the employer; The name, if any, and the postal address of the establishment; The name, father’s name and the age of the employee; The hours of work; Date of appointment.

2. EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952

	SECTION HEADING	PROVISION
2.1	Scope	To all establishments with 20 or more employees. Employees contribution upto a Salary (Basic + DA) less than or equal to Rs. 6500/- ; Salary (Basic + DA) <=6500
2.2	Contribution	*Employer’s share 8.33%-Pension; 3.67%-PF; 0.5%-EDLI. 1.10% or Rs.5, whichever is high, for administration of PF; 0.01% or Rs.2, whichever is high, for administration of EDLI; *Employee’s share 12%-PF *Contribution to be deposited within 15 days through challan (i.e. to submit the challans alongwith monthly returns on or before 15th of every month)
2.3	Returns	*Monthly- submitted before 25th  of the month (Form 5A, 10A and 12A) *Annual- submitted before 25th  of April every year (Form 3A & 6A) *Return of membership, showing addition /deletion in members with details within 15 days of the close of every month (Form 9 / 5)
2.4	Registers	*Eligibility Register: to record the particulars of every employee eligible to become a member of PF and the number of working days during each month *PF Register: in the form of contribution cards for each employee *PF Ledger: this ledger contains the total monthly contributions, withdrawals from the account, repayment of loans and balance at the end of each month *Inspection Book: to record the observations of an Inspector on his visit to the establishment

3. PAYMENT OF BONUS ACT, 1965

	SECTION HEADING	PROVISION
3.1	Scope	*Salary (Basic + DA + any payment on account of rise in the cost of living) less than or equal to Rs.3500/- *Employee should have worked for at least 30 working days during that year
3.2	Contribution	*8.33-20% of wages, to be made within 8 months of close of Accounting Year
3.3	Returns	Annual Return within 30 days after expiry of the time limit specified for payment of bonus (Form D)
3.4	Registers	(Form A)register showing the computation of the allocable surplus (Form B)register showing set on and set off of the allocable surplus (Form C)register showing the details of the amount of bonus due to each employee, deductions therefrom and the amount disbursed

4. EMPLOYEES’ STATE INSURANCE ACT, 1948

	SECTION HEADING	PROVISION
4.1	Scope	* Salary less than or equal to Rs.10000/-, excluding any travelling allowance, and any sum paid to defray special expenses entailed by the employee by the nature of employment
4.2	Contribution	Employer-4.75% Employee-1.75%
4.3	Returns	Bi-Annually return of contribution in quadruplicate within 30 days of the end of contribution period (Form 6 along with the paid challans)
4.4	Registers	(Form 7) Covered employees (Form15) Accident Book, Inspection Book

5. PAYMENT OF GRATUITY ACT, 1972

	SECTION HEADING	PROVISION
5.1	Nominations	(Form F) Employees required to submit nominations in duplicate (Form H) Change in nominations
5.2	Amount	*@15 days wages per completed year of service for employees completing 5 years or more; not to exceed Rs. 3,50,000/- *Wages include all emoluments including DA, but does not include bonus, commission, HRA, overtime wages and any other allowance
5.3	Period	Payment of gratuity within 30 days of its becoming applicable
5.4	Display	*notice specifying name of the officer with designation, authorized to receive notices under the Act or rules; *an abstract of the Act and Rules in Form U

6. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

	SECTION HEADING	PROVISION
6.1	Scope	-Notification of vacancies (where basic pay is more than or equal to Rs.1400/- PM) to employment exchange before filling up any vacancy.
6.2	Returns	ER I – quarterly return within 30 days for the number of employees (Male & female), and number of vacancies ER II – biennial occupational return within 30 days for the number of employees under each prescribed category

7. THE MATERNITY BENEFIT ACT, 1961

	SECTION HEADING	PROVISION
7.1	Scope	All Women employees who have worked for 80 days in the last 12 months, except the ones covered under the ESI Act.
7.2	Leaves	12 Weeks, 6 weeks before the date of delivery and 6 weeks after the date of delivery. If a woman does not avail six weeks leave preceding the date of her delivery, she can avail of that leave following her delivery, provided the total leave period does not exceed 12 weeks.
7.2	Leave for Miscarriage	Miscarriage or medical termination of pregnancy- 6 weeks immediately following the date of her miscarriage/medical termination of pregnancy.
7.2	Leave for tubectomy operation	2 weeks immediately following her day of tubectomy operation
7.3	Medical Bonus	Every women entitled to maternity benefit under the act shall also be entitled to receive a medical bonus of Rs.250/-, if no pre-natal confinement and post natal care is provided for by the employer free of charge.

 

CSS, XHTML & JavaScript Expert

II.  Salary/perks etc.	4.8 – 6.0 Lakhs
III. Level in the organization	Mid Level
IV. Educational Qualification	Any Graduate
Essential:	Graduation
Desirable / Pref.:	Computer Science Graduate, Engineering Graduate
V. Work  Experience:	2 – 5 Years
Years of exp. Desired	3 Years
Nature of work exp.	CSS / XHTML / JavaScript Development
Job Responsibilities	Converting PSD’s to XHTML & CSS
	Should know how to use javascript frameworks
	Browser Compatible Delivery
	Compliance (W3C / AA / AAA)
	Ability to communicate with PHP / .net Developers
	Work directly on MVC Frameworks or .net Framework
Industry Preference	Any
VI. KRAs
Key  responsibilities	Development of CSS / XHTML & JavaScript
	Should have worked extensively on javascript frameworks such as Jquery, MooTools etc.
	Person should be innovative in his approache to development to try out new emerging technologies / user experience
	Should now how to manipulate DOM and CSS With the Javascript
	Should be able to do advance xhtml / css development with javascript
	Should have ability to catch up with new trends such as HTML5
VII. Competencies:
Functional	JavaScript, Jquery, XHTML, CSS
Managerial	Good Communication, Interpersonal, Apptitude to Understand is desired.
Attributes
Immediate Deliverables
VII . How will you evaluate him/her	Technical Interview

 

Attrition Management

Its impossible to stop employees leaving the organization. But by the below mentioned methods one can atleast minimize it to some extent.

1. Offer fair and competitive salaries. Fair compensation alone does not guarantee employee loyalty, but offering below-market wages makes it much more likely that employees will look for work elsewhere. In fact, research shows that if incomes lag behind comparable jobs at a company across town by more than 10 percent, workers are likely to bolt. To retain workers, conduct regular reviews of the salaries you offer for all job titles — entry-level, experienced staff and supervisory-level. Compare your department’s salaries with statistically reliable averages. If there are significant discrepancies, you probably should consider making adjustments to ensure that you are in line with the marketplace.

2. Remember that benefits are important too. Although benefits are not a key reason why employees stick with a company, the benefits you offer can’t be markedly worse than those offered by your competitors

3. Train your front-line supervisors, managers and administrators. It can’t be said often enough: People stay or leave because of their bosses, not their companies. A good employee/manager relationship is critical to employee satisfaction and retention. Make sure your managers aren’t driving technologists away. Give them the training they need to develop good supervisory and people-management skills.

4. Clearly define roles and responsibilities. Develop a formal job description for each title or position in your department. Make sure your employees know what is expected of them every day, what types of decisions they are allowed to make on their own, and to whom they are supposed to report.

5. Provide adequate advancement opportunities. To foster employee loyalty, implement a career ladder and make sure employees know what they must do to earn a promotion. Conduct regular performance reviews to identify employees’ strengths and weaknesses, and help them improve in areas that will lead to job advancement. A clear professional development plan gives employees an incentive to stick around.

6. Offer retention bonuses instead of sign-on bonuses. Worker longevity typically is rewarded with an annual raise and additional vacation time after three, five or 10 years. But why not offer other seniority-based rewards such as a paid membership in the employee’s professional association after one year, a paid membership to a local gym after two years, and full reimbursement for the cost of the employee’s uniforms after three years? Retention packages also could be designed to raise the salaries of technologists who become credentialed in additional specialty areas, obtain additional education or take on more responsibility. Sign-on bonuses encourage technologists to skip from job to job, while retention packages offer incentives for staying.

7. Make someone accountable for retention. Measure your turnover rate and hold someone (maybe you!) responsible for reducing it. In too many workplaces, no one is held accountable when employees leave, so nothing is done to encourage retention.

8. Conduct employee satisfaction surveys. You won’t know what’s wrong … or what’s right … unless you ask. To check the pulse of your workplace, conduct anonymous employee satisfaction surveys on a regular basis. One idea: Ask employees what they want more of and what they want less of.

9. Foster an environment of teamwork. It takes effort to build an effective team, but the result is greater productivity, better use of resources, improved customer service and increased morale. Here are a few ideas to foster a team environment in your department:
• Make sure everyone understands the department’s purpose, mission or goal.
• Encourage discussion, participation and the sharing of ideas.
• Rotate leadership responsibilities depending on your employees’ abilities and the needs of the team.
• Involve employees in decisions; ask them to help make decisions through consensus and collaboration.
• Encourage team members to show appreciation to their colleagues for superior performance or achievement.

10. Reduce the paperwork burden. If your technologists spend nearly as much time filling out paperwork, it’s time for a change. Paperwork pressures can add to the stress and burnout that employees feel. Eliminate unnecessary paperwork; convert more paperwork to an electronic format; and hire non-tech administrative staff to take over as much of the paperwork burden as is allowed under legal or regulatory restrictions.

11. Make room for fun. Celebrate successes and recognize when milestones are reached. Potluck lunches, birthday parties, employee picnics and creative contests will help remind people why your company is a great place to work.

12. Write a mission statement for your department. Everyone wants to feel that they are working toward a meaningful, worthwhile goal. Work with your staff to develop a departmental mission statement, and then publicly post it for everyone to see. Make sure employees understand how their contribution is important.

13. Provide a variety of assignments. Identify your employees’ talents and then encourage them to stretch their abilities into new areas. Do you have a great “teacher” on staff? Encourage him/ her to lead an in-service or present a poster session on an interesting case. Have someone who likes planning and coordinating events? Ask him to organize a departmental open house. Know a good critical-thinker? Ask him/ her to work with a vendor to customize applications training on a new piece of equipment. A variety of challenging assignments helps keep the workplace stimulating.

14. Communicate openly. Employees are more loyal to a company when they believe managers keep them informed about key issues. Is a corporate merger in the works? Is a major expansion on the horizon? Your employees would rather hear it from you than from the evening newscast. It is nearly impossible for a manager to “over-communicate.”

15. Encourage learning. Create opportunities for your technologists to grow and learn. Reimburse them for CE courses, seminars and professional meetings; discuss recent journal articles with them; ask them to research a new scheduling method for the department. Encourage every employee to learn at least one new thing every week, and you’ll create a work force that is excited, motivated and committed.

16. Be flexible. Today’s employees have many commitments outside their job, often including responsibility for children, aging parents, chronic health conditions and other issues. They will be loyal to workplaces that make their lives more convenient by offering on-site childcare centers, on-site hair styling and dry cleaning, flexible work hours, part-time positions, job-sharing or similar practices. For example, employees of school-age children might appreciate the option to work nine months a year and have the summers off to be with their children.

17. Develop an effective orientation program. Implement a formal orientation program that’s at least three weeks long and includes a thorough overview of every area of your department and an introduction to other departments. Assign a senior staff member to act as a mentor to the new employee throughout the orientation period. Develop a checklist of topics that need to be covered and check in with the new employee at the end of the orientation period to ensure that all topics were adequately addressed.

18. Give people the best equipment and supplies possible. No one wants to work with equipment that’s old or constantly breaking down. Ensure that your equipment is properly maintained, and regularly upgrade machinery, computers and software. In addition, provide employees with the highest quality supplies you can afford. Cheap, leaky pens may seem like a small thing, but they can add to employees’ overall stress level.

19. Show your employees that you value them. Recognize outstanding achievements promptly and publicly, but also take time to comment on the many small contributions your staff makes every day to the organization’s mission.

 

Web Designer

Job Requirements:
•             5+ years previous UI experience
•             Bachelors degree in a related field is a plus
•             Expert knowledge in Photoshop, Illustrator, Fireworks, CSS, XHTML, basic JS.
•             Web 2.0 design sense: clean and clutter free design with high usability and navigation
•             Demonstrated expertise in page layout, graphic design, and user interaction design
•             Ability to take creative direction and work with other designers to develop feature sets
•             Have self-motivation and detail-oriented mindset
•             Excellent written and verbal communication skills
•             The curiosity to innovate
•             Portfolio showing work
•             Strong organizational and time management skills with proven ability to work on multiple priorities in a time sensitive environment, meeting tight deadlines, and reacting quickly and smoothly to changes

Additional Pluses:
•             Ability to conceptualize and innovate
•             Strong leadership qualities
•             Formal training on UCD (User Centered Design)
•             Web Pages developed to be HTML / CSS Validated across browsers

 

Sr. PHP Developer

Level in the organization               Mid Level

Educational Qualification              Any Graduate

Essential:             Graduation

Desirable / Pref.:              Computer Science Graduate, Engineering Graduate

Work  Experience:           3 – 5 Years
Years of exp. Desired     4 Years
Nature of work exp.       Web Development

Job Responsibilities

Job responsibility includes development of web based projects
Candidate is expected to work in multiple domains, product frameworks and multiple industry verticals
Person should be smart in his interpersonal skills, should be able to understand requirement from the project managers, and be innovative in his approache to development to try out new emerging technologies / user experience

Industry Preference       Any

KRAs
Key  responsibilities

Expected to have a good understanding of High Level Architect, Object Oriented Programming and Database Programming
Should have good knowledge of Social Media Integration (Twitter / Facebook)
Ensure a bug free delivery
Expected to keep pace with the technological changes

Functional
PHP, MySQL, LAMP,  JavaScript, Jquery, XHTML, CSS
Additional Knowledge of PHP Frameworks such as Codeigniter, Zend, Drupal, Joomla, magnito is a plus.

Managerial
Good Communication, Interpersonal, Apptitude to Understand is desired.

 

Unity3D Developer

Work Experience
Within 5+ years in similar roles.

Responsibilities/ Skills
•             To code the gameplays, knowledge of asset creation would be preferred.
•             Being able to communicate effectively what additional resources are required with creative & technical leads.
•             Potentially Co-coordinating larger team structures.
•             Augmented reality experience required.
•             Unity 3D Web / iPhone / Wii experience a plus.
•             Helping to mapping out project planning, timings and deliverables.
•             Contributing to internal projects and self initiated work.
Additional info:
•             Competitive salary (based on individual experience).
•             Excellent working environment.
•             Need to Start immediately.
•             The chance to be a part of a small team developing & pushing your skills; deliver world class projects for forward thinking brands.

Knowledge of Tools:
Java, C#, Mono, Unity3D, Blender, J2ME, C++, Brew, Perl, MySQL, MSSQL

 

Tester

ob Title: Tester

Educational Qualification:             Any Graduate
Essential: Graduation
Desirable / Pref.:                              Computer Science Graduate, Engineering Graduate
Work  Experience:                           0 – 3 Years
Years of exp. Desired                     2 Year
Nature of work exp.                       Software Testing

Job Responsibilities                         Test Plans and Test Case creation
Test case execution
File descriptive and reproducible bugs and verify fixes
Security Testing (SQL Injection / XSS)
Regression Testing
Client & Server based testing
Ability and willingness to work with a small team and share or switch roles as needed through the various phases of the project (from planning and design to                implementation to testing)
Flexible attitude; willing to learn new tools, and adjust to new requirements

KRAs
Key  responsibilities                        Testing Cross Platform XHTML / CSS Development
Testing Security Aspects of the Projects
Testing Functional Aspects
Scenario Based Testing
Scope Varification

 

Social Media Marketing – Manager

Key responsibilities
1.            Evolving an SMM strategy with the client keeping in mind overall marketing objectives
2.            Creating specific execution plans flowing from the above strategy
3.            Execution and Monitoring the campaign, whether inhouse or through an outsourced agency
4.            Analysis of campaign performance, course corrections if any
5.            Being able to effectively co-ordinate with external agencies and freelancers to ensure smooth and optimum running of the campaign
6.            Regular communication with the client – updates, monitoring reports and campaign analysis

Skills / Experience
At 4-5 years experience in Seo / SEM at a reputed firm
Be an expert in google ad sense
Have media relationships in the industry, where necessary

 

Presales

Liaison with business development team to identify and qualify opportunity for customer analytics and marketing automation
•             Identify and articulate business problem of the prospect
•             Design solution basis offerings from the organisation. Coordinate with respective offering or product teams to demonstrate the proposed solution.
•             Arrive at a business benefit proposition for the proposed solution
•             Prepare the proposal for the proposed solution and follow up till closure
•             Handover accepted proposal with scope of work to the delivery team
•             Gather global best practices in marketing analytics, and influence clients to adopt such practices
•             Own the response to RFI and RFP

Qualifications/Requirements
•             Has worked in pre-sales role in CRM with either the leading system integrators or with the product vendors (SAS CI, Unica, Siebel Marketing)
•             Has exposure to marketing process as well as data mining
•             Has exposure to database marketing
•             Has knowledge of solution delivery and project planning activities
•             Has ability to conduct project demo, custom demo as well as proof of concepts
•             Has excellent written, oral and presentation skills in communication
•             Has willingness to travel to prospect location globally
•             Has exposure to RDBMS and programming approach

Desired
•             Preferred to have at least one implementation experience in marketing module of the above mentioned products
•             Preferred to have an MBA from a good B School
•             Preferred to have worked in marketing department of B2C company
•             Desire to work in dynamic and changing environment

 

Technical Architect

Essentials

1.       3-5 Years of experience  in infrastructure management Including System and Network administration.
2.       Knowledge of Windows server/ Linux/Unix MCSE Certified ( would be an added advantage)
3.       Should have prior experience of Installations and supporting the same on various platforms
4.       Should have passport (If possible)
5.       Average to Good communication Skills is a must.