Legal Aspect Project Report

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A

PROJECT REPORT
ON

WAGES DIFFERENTIATION OF EMPLOYEE AND LEGAL


POLICIES OF ORGANISATION.

Submitted By
Mayuri Ramesh Thombare
S.Y.B.B.A.(Sem-III)

Submitted to
K.T.H.M.College, Nashik.

For the Partial Fulfilment Of


Bachelor Of Business Administration

Under The Guidance Of

Prof.Ashwini Kohak

K.T.H.M.COLLEGE, NASHIK.
(Academic year 2020-21)

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ACKNOWLEDGEMENT

I take this opportunity to express my deep indebtedness and gratitude to Mr.


Hemant Ingale HR Manager of Zudio Showroom for their unstinted support and
cooperation in preparation of this report.

I am Thankful to Dr. V.B Gaikwad (Principal of KTHM College) & Prof. Ashwini
Kohak (Head of the Department, BBA Dept for their Constructive Support. I am
deeply thankful to my project guide Prof Ashwini Kohak for her valuable guidance.
kind advice & encouragement throughout the duration of developing this project

Lastly, I hereby thank all the people who have provided inputs to this project work
directly or indirectly

Mayuri Ramesh Thombare


S.Y.B.B.A.

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DECLARATION

I hereby declare that the project report entitled "WAGES DIFFERENTIATION


OF EMPLOYEE AND LEGAL POLICIES OF ORGANISATION”. is a genuine &
bonafide work reported by me under the guidance of Prof. Ashwini Kohak.

The empirical findings in this project report are based on the data collected by
myself. The matter presented in the report is not copied from any other report

This project is undertaken as a part of the academic curriculum according to


the University rules, norms & by no commercial interest & motives.

Mayuri Ramesh Thombare


S.Y.B.B.A.

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Date:

Certificate

This is to certify that Miss. Mayuri Ramesh Thombare student of


S.Y.B.B.A. (Human Resource Management) from K.T.H.M. College,
Nashik has successfully completed a project with us on “Wages
differentiation of employee and legal policies of an organization ”.

Her dedication and effort toward the project work have been quite
impressive and praiseworthy.

We wish her great success in her studies and future endeavors.

Hemant Ingle,
(HR Manager)

Shraddha Mall Marg, Ramdas Colony, Nashik, Maharashtra 422005


Phone : 0253 231 7645

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INDEX

Sr.no. Particulers Page no.

1 Research method 6

2 Legal policies of organisation 7

3 Human rights at workplace 8

4 About organisation and employee 11

5 Workman compensation act 1923 12

6 Sexxual harassment at 14
workplace(prevention, prohibition and
redressal) act 2013

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Research Method

1. Interview
The interview is the exchange of ideas that takes place between 2 or more
people with the purpose of getting information from the respondent. In this method,
the interviewer organizes a meeting with the respondent regarding an object or issue
related to the research objective.

2. Questionnaire
The questionnaire is the standardized & structured forms that are usually filled
by the respondent. It can be administered personally as well as through the mail.
When the questionnaire is filled by the respondent himself it enhances data analysis.

3. Scheduling
A schedule is a collection of questions. These questions are separated
through different subheadings as per the research problem. When the questionnaire
is filled by the researcher himself by asking questions from respondents it is called
schedule.

4. Observation
When the researcher records information about a person, organization, or
situation without making any personal contact it is known as the observation method.
An artificial environment is created to collect the actual responses of the participants.

5. Experimentation
Experimentation is an important method in which casual relationship is
determined and analyzed between variables. Experimentation is carried out with the
objectives to study the effect on a dependent variable by causing the change in the
independent variable.

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Legal policies of organization

The universal statements that direct the flow of thoughts and actions while
making decisions are called policies. They are also called a plan of action. HR
policies are the group of organizational processes that look for establishing and
maintaining employee relations. The approaches that are adopted by the
organization to handle key features of HRM and to provide ongoing instruction on the
application of these approaches are set out by HR policies. The values and
philosophies of the organization advocating the way people should be treated are
identified by HR policies and also the principles based on which managers should
act while handling HR issues are derived from these.

5 main policies they providing their employees are as follows:

a) Workplace health & safety.

b) Equal opportunity policies.

c) Employee code of conduct policy.

d) Leave of absence policy.

e) Employee disciplinary action policy.

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Human Rights At Workplace

Employees and employers are not mere abstractions. Potential employees are first
of all human beings and rational agents, ends in themselves, and worthy of respect.
As moral beings, they carry with all their endeavors and undertakings the moral
obligation to Human Rights at Workplace do what is right and avoid doing what is
wrong.

Understanding employee rights is part legal and part ethical because these rights
must be viewed and interpreted within corporate policy, procedures, and particular
circumstances. In some instances, there are clear violations of an employee's rights;
other times there are "grey", or uncertain, areas. When employees and employers
cannot agree on whose rights are seriously violated, third-party negotiation,
arbitration, and even settlement may be required.

Major types of employee rights in the workplace are as follows:


1) Just Cause Termination: Employees have a right not to be terminated arbitrarily
or without just cause, even in a free-market economy. Under conditions of volatile
economic downturns, mergers and acquisitions, new start-up failures (as with the
"dot- com bubble burst"), and massive negative profit margin shifts in industries, it is
often not difficult for employers to claim "just cause". As a principle, it also has been
argued that workers should have three rights regarding work to maintain self-respect:

i) The right to employment,


ii) The right to equal opportunity,
iii) The right to participate in job-related decisions.

2) Due Process: Due process is one of the most important underlying rights
employees have in the workplace because it affects most of their other rights. Due
process refers to the right to have an impartial and fair hearing regarding employers’
decisions, procedures, and rules that affect employees.

As applied in the workplace, the due process essentially refers to grievance


procedures. The right to due process applies to other employee rights, such as those
involving privacy, safety, and health, a safe working environment; holding meetings
and gatherings; and hiring, firing, and other human resource decisions.

3) Right to Privacy: Employees' right to privacy remains one of the most debated
and controversial rights. The working definition of employees' right to privacy has
come to mean "to be left alone". Privacy in the workplace also can refer to
employees’ right to autonomy and determine "when, how, and to what extent
information about them is communicated to others".

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4) Right to Know and Workplace Health and Safety: Every employee is entitled to
a safe, healthy workplace environment because one of ten employees in the private
industry suffers from an industrial accident or disease while working. Information
about unsafe, hazardous workplace conditions and some form of protection from
these hazards are needed. Employees have a right to know the nature and extent of
hazardous risks to which they are exposed and to be informed and trained about and
protected from those risks.

5) Right to Organise and Form Unions: Workers have a right to organize, just as
owners and managers do. Individuals, as workers and citizens, have the right of free
association to seek common ends. This also means employees have a right to form
unions. Although unions have a right to exist, they have no special rights beyond
those due to organizations with legal status.

6) Plant Closings and Employee Rights: Companies have the right to re-locate
and transfer operations to any place they choose. If firms can find cheaper labor, raw
materials, and transportation costs, lower taxes, no unions, and other business
advantages for making a profit elsewhere, they often close plants and move.
Companies also close plants because of loss of competitiveness, financial losses,
and other legitimate economic reasons. Employees have the right to be
compensated for the costs of re-training, transferring, and relocating: they have
rights to severance pay and to outplacement and support programs that assist them
in finding alternative employment; and they have the right to have their pension,
health, and retirement plans honored.

Guidelines for Managing Human Rights in the workplace

1) Ongoing Feedback from Stakeholders: Companies should consider developing


internal processes that seek critical information from employees, partners, and other
stakeholders on perceived or actual human rights risks and impacts. Critical
information can often be invaluable warnings of imminent risks.

2) Raising Awareness: Raising awareness throughout the company on the


importance of considering human rights issues, and how human rights risks can
affect the business activity's performance will be instrumental in fostering a
workplace culture that is proactive in addressing human rights challenges.

i) The aggregated human rights risks affecting the company.

ii) How the different business activities of the company positively and negatively
impact the rights of its stakeholders.

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iii) The measures adopted to engage stakeholders, including grievance mechanisms.

iv) The measures adopted to mitigate the adverse impacts and improve any benefits.

v) The company's vision for the future and how it would like to be perceived in
relation to managing its human rights impact.

3) Training for Managers: Companies should prioritize developing training for


managers of all key functions within the business activities, especially those that
directly have human rights issues within their remit. Company-wide training on the
importance of considering a company's human rights impacts, and measures to
integrate human rights considered approach within internal processes and
day-to-day interactions should also be explored.

4) Developing a Human Rights Policy Statement: A Human Rights Policy Statement


will help align the different functions within the company on its objectives and
commitments with regard to human rights. A Human Rights Policy Statement should
ideally:
i) Be concise, ideally one page or less.

ii) Provide an overarching policy statement of the human rights objectives and
principles to guide the company, and achieve sound human rights performance.

iii) Should be based on the identified and potential human rights risks and impacts of
the company.

iv) Specify that the company's business activities will comply with internationally
recognized human rights, the applicable laws and regulations of the jurisdictions in
which business activities are being undertaken, including those laws implementing
host country obligations under international law.

v) Subscribeto internationally recognized standards, certifications schemes, or codes


of practice/conduct and include them in the policy statement itself.

vi) Indicate who, within the company's organization, will ensure conformance with the
policy statement, and be responsible for its execution.

vii) Ensure that the policy statement is properly communicated to all levels of the
company's organization.

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About Organisation And Employees

5 Department In There Organisation:

i) Men cloth department


ii) Men footwear department
iii) Women cloth department
iv) women footwear department
v) Children department

Types Of Position In Organisation


1) Manager
2) Account Person
3) Department Head
4) Sales Person

In this organization,16 employees work. Distribution of employees by their position


1) Manager -1
2) Account Person -3
3) Department Head -5
4) Salesperson -7

Wages / Salary distribution sheet of employees:

Employee position How many employees work Wages / Salary per


for this position employee

Manager 1 18000

Account person 3 15000

Department Head 5 12000

salesperson 7 10000

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Workmen's Compensation Act, 1923

Workmen's Compensation Act is now the Employees' Compensation Act, 1923. In


the long title to the Workmen's Compensation Act 1923, for the word "workmen", the
word "employees" has been substituted, and throughout the Act, the word
"workmen" is replaced by the word "employees".

This amendment has been done by the Workmen's Compensation (Amendment)


Act, 2009 and the definition of employee includes clerical employees and casual
employees also.
The Employees' Compensation Act, 1923 is one of the earliest labor welfare and
social security legislation enacted in India. It recognizes the fact that if an employee
is a victim of an accident or an occupational disease in the course of his
employment, he needs to be compensated.

The Act does not apply to those workers who are insured under the Employees'
State Insurance Act, 1948. Section 53 of the Employees' State Insurance Act
provides, "An insured person or his dependents shall not be entitled to receive or
recover, whether from the employer of the insured person or from any other person,
any compensation or damages under the Employees' Compensation Act, 1923 or
any other law for the time being in force or otherwise, in respect of an employment
injury sustained by the insured person as an employee under this Act".

Objectives of the Employees' Compensation Act, 1923, are as follows:

1) To consider compensation payable by an employer to his employee in case of an


accident as a measure of relief and social security.

2) To enable an employee to get compensation irrespective of his negligence.

3) To lay down the various amounts payable in case of an accident, depending upon
the type and extent of the injury. The employer now knows the amount of
compensation he has to pay and is saved of many uncertainties to which he was
subject before the Act came into force.

Features of workmen compensation act

1) The basic operating principle is that an employee is automatically entitled to


certain benefits whenever he suffers a personal injury by accident arising out of and
in the course of employment.

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2) Negligence and fault are largely immaterial, both in the sense that the employee's
contributory negligence does not lessen his rights and in the sense that the
employer's complete freedom from fault does not lessen his liability.

3) Coverage is limited to persons having the status of employee, as distinguished


from independent contractors.

4) Benefits to the employee include cash wage benefits, usually around one-half to
two thirds of his average weekly wage, and hospital and medical expenses; in death
cases benefits for dependents are provided.

5) The employee and his dependents, in exchange for these modest but assured
benefits, give up their common-law right to sue the employer for damages for any
injury covered by the act.

6) Administration is typically in the hands of administrative commissions; and, as far


as possible, rules of procedure. evidence, and conflict of laws are relaxed to facilitate
the achievement of the beneficent purposes of the legislation.

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Sexual harassment of women at workplace(prevention,
prohibition and redressal), act 2013

The Act includes several provisions of the Vishakha Guidelines, that first required the
formulation of "a code of conduct for workplace" Building on the Vishakha
Guidelines, the Act imply the formation of an interior complaints committee and an
area complaints committee at the district level.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and


Redressal) Act, 2013 is a legislative act in India that seeks to protect women from
sexual harassment at their work place. The Bill was first introduced by Women and
Child Development Minister Krishna Tirath in 2007 and approved by the Cabinet
Union in January 2010. It had been tabled within the Lok Sabha in December 2010
and observed the Parliamentary commission on Human Resources Development.
The committee's report was printed in November 2011. It was passed by the Lok
Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February
2013. The Bill got the assent of the President on 23 April 2013. The Act came into
force from 9 December 2013.

An Act to provide protection against sexual harassment of women at workplace and


for the prevention and redressal of complaints of sexual harassment and for matters
connected therewith or incidental thereto.

Whereas sexual harassment results in violation of the fundamental rights of a


woman to equality under articles 14 and 15 of the Constitution of India and her right
to life and to live with dignity under article 21 of the Constitution and right to practice
any profession or to carry on any occupation, trade or business which includes a
right to a safe environment free from sexual harassment; And whereas the protection
against sexual harassment arid the right to work with dignity are
recognised human rights by international conventions and ch as Convention on the
Elimination of all Forms of mination against Women, which has been ratified on the
25 1993 by the Government of India; And whereas it is expedient to make provisions
for giving effect to against sexual said convention for protection of women against
sexual harassment at workplace.

Main Features of the Act

1)The Act defines sexual harassment at the work place and creates a mechanism for
redressal of complaints. It also provides safeguards against false or malicious
charges.

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2)The Act also covers concepts of 'quid pro quo harassment and bostile work
environment' as forms of xual harassment if it occurs in connection with an act or
behaviour of sexual harassment.

3)The definition of "aggrieved woman", who will get protection under the Act is
extremely wide to cover all women, irrespective of her age or employment status,
whether in the organised or unorganised sectors, public or private and covers clients,
customers and domestic workers as well.

4)An employer has been defined as any person who is responsible for management,
supervision, and control of the workplace and includes persons who formulate and
administer policies of such an organisation under Section 2(g).

5)While the "workplace" in the Vishakha Guidelines is confined to the traditional


office set-up where there is a clear employer employee relationship, the Act goes
much further to include organisations, department, office, branch unit etc. in the
public and private sector, organized and unorganized, hospitals, nursing homes,
educational institutions, sports institutes, stadiums, sports complex and any place
visited by the employee during the course of employment including the
transportation. Even non-traditional workplaces which involve tele-commuting will get
covered under this law.

6)The Committee is required to complete the inquiry within a time period of 90 days.
On completion of the inquiry, the report will be sent to the employer or the District
Officer, as the case may be, they are mandated to take action on the report within 60
days.

7)Every employer is required to constitute an Internal c Committee at each office or


branch with 10 or more e The District Officer is required to constitute a Local
Committee at each district, and if required at the block level.

8) The Complaints Committees have the powers of civil courts for gathering
evidence.

9) The Complaints Committees are required to provide for conciliation before


initiating an inquiry, if requested by the complainant.

10)The inquiry process under the Act should be confidential and the before initiating
an inquiry, if requested, Act lays down a penalty of 25000 on the person who has
breached confidentiality. employers to conduct education and sensitisation and
develop policies against sexual harassment.

12) Penalties have been prescribed for employers. Non-compliance with the
provisions of the Act shall be punishable with a fine of up to 50,000. Repeated

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violations may lead to higher penalties and cancellation of licence or deregistration to
conduct business.

13) Government can order an officer to inspect workplace and records related to
sexual harassment in any organisation.

14) Under the Act, which also covers students in schools and colleges as well as
patients in hospitals, employers and local authorities will have to set up grievance
committees to investigate all complaints. Employers who fail to comply will be
punished with a fine of up to 50,000.

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Conclusion:

The term “Wage Policy” refers to legislation of government action undertaken to


regulate the level or structure of wages or both for the purpose of achieving specific
objectives of social and economic policy. The social and economic aspects of wage
policy are normally inter-related measure inspired by special considerations;
inevitably have economic effects and action designed to achieve specific economic
result has social implications.The wage policy of any country should be sound and
rational from economic and social point of view.

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