Law Final

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Presented by –

Mugdha S. Patre
Roll no. 40
Human Resource Management
• IT Hardware & Service industry
• Founded in 1978 as Tandon Magnetics
• Operating in India & US
• Headquarters in Mumbai
• Total Employee Base – 3000
• Some Key Customers:
 IBM
 Compaq
 Apple
 Dell
 Western Digital
Tandon Group of Companies
Tandon Information Solution
• Founded in 1996

• Global Headquarter - Mumbai

• Offers software solutions & It enabled services

• Sales & support office in USA

• Development centre Mumbai & Banglore


Laws applicable at TIS
• Shops and Establishments Act
• Employees State Insurance Act
• Employees Provident Fund Miscellaneous Provisions Act 
• Payment of Gratuity Act
• Maternity Benefit Act
• Industrial Dispute Act
• Payment of Wages Act
• Minimum Wages Act
• Contract of Employment
Apart from these acts TIS also follows:
• IT Act
• Foreign Exchange Management Act
Shops and Establishments Act
• Registration - Section – 7 (1)
• Renewal of certificate - Section – 7 (2A)
• Working Hours Section 14 A – 9 hr/day & 48 hr/week
• Section 18 – establishment close for 1 day
• Work in shifts
• Age of retirement
• Space stipulation
• Leave – Section 35
 serves for 240 days
 continuous service period of 12 months
 Casual leave: 12 days/year
 Sick leave: 12 Days/year
 Encashment leave: 8 days/year
Employees State Insurance Act
• Insurance of employee with the object of providing benefit
• Wage limit for coverage – Rs. 15000/-
• Section 2 (22) – Calculated on gross salary
• Contribution
 Employee – 1.75%
 Employer - 4.75%
• Section 46 – Conditions of benefits – sickness, maternity, injury,
etc
• Medical Benefit
 full medical care in the form of medical attendance,
treatment, drugs and injections, and hospitalization to insured
persons
 Extension to families
Employees State Insurance Act
• Section 52- Dependents Benefit – in case of death
• Sickness Benefit
 Eligibility
 50% of avg. daily wages for 91 days during 2 consecutive
benefit period
• Maternity Benefit
 Payable to an insured woman
 Confinement-payable for a period of 12 weeks
 Miscarriage - payable for 6 weeks
 Sickness- payable for a period not exceeding one month
 Death of the Insured Woman
Employees Provident Fund Miscellaneous
Provisions Act 

• Both the employees and employer contribute to the fund at


the rate of 12% of the basic wages

• Rate of interest is fixed by the Central Government

• Section 12 – Once basic salary fixed can not be reduced


Payment of Gratuity Act

• Social security enactment

• Section 4 – Conditions for payment of gratuity

Gratuity = Monthly salary x 15 days x No. of years of service


26
Maternity Benefit Act
• Section 5 – conditions of maternity benefit
• Section 6 - benefit of leave and prescribed amount - in
writing notice
• Section 9 - In case of miscarriage
• Section 10 - woman suffering illness due to pregnancy
• Section 12 - dismiss or discharge of pregnant woman on
leave
• Benefits-
 12 weeks leave - precede the date of expected delivery
 Average rate of wages paid for the three months
 In case of miscarriage - 6 weeks leave with pay
Industrial Dispute Act
• The term 'workmen' within the meaning of ID Act has not
been interpreted by the courts with specific reference to
data processors or software workers.
• Section 25N –
 three months notice in writing indicating the reason for
retrenchment and the period of notice
 the prior permission of the concerned state government
• Section 25 L - IT industry not an Industrial Establishment
• Follow hire and fire policy
• Section 25 F – applied to all industries -
 1 month notice
 Payment to the employee at time of retrenchment
Payment of Wages Act
• Regulates the payment of wages

• Section 4 –
 Wage period – fix
 Not extend more than 1 month

• Section 7 –
 Deductions in wages

• Section 13 A –
 Maintenance of records
Minimum Wages Act
• Regulates the fixing of minimum wages
• Section - 12
 Fixed by state govt. and revised time to time
 Fixed on the basis of normal working hours and nature of
employment
• Overtime paid extra
• Section – 16
 If employee handling more than 1 job – division of wages
according to the jobs division
• Section – 18
 Records maintained
• Reduction in wages
Contract of Employment
 Contract – Offer & Acceptance
 Signed by free consent of both parties
 Can differ according to nature of employment &
employee
 Surety Bond
 Recruiting fresh candidates
 Fixed period of service
 In case of failure – amount paid by employee
 Accepted by both employer & employee
THANK YOU

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