Professional Documents
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Legal Aspect Project Report
Legal Aspect Project Report
Legal Aspect Project Report
PROJECT REPORT
ON
Submitted By
Mayuri Ramesh Thombare
S.Y.B.B.A.(Sem-III)
Submitted to
K.T.H.M.College, Nashik.
Prof.Ashwini Kohak
K.T.H.M.COLLEGE, NASHIK.
(Academic year 2020-21)
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ACKNOWLEDGEMENT
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
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DECLARATION
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
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Date:
Certificate
Her dedication and effort toward the project work have been quite
impressive and praiseworthy.
Hemant Ingle,
(HR Manager)
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INDEX
1 Research method 6
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.
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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.
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.
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.
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.
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.
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
Manager 1 18000
salesperson 7 10000
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Workmen's Compensation Act, 1923
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".
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.
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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.
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.
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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.
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).
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.
8) The Complaints Committees have the powers of civil courts for gathering
evidence.
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:
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