1. NEW AGE Human Resource Management and Impact of Employment Legislations in India By By V & M Associates 24 th Nov 2015 24 th Nov 2015 By V & M Associates 24th Nov 2015 12– 1 www.vmlegalassociates.com

2. PRESENTATION CONTENT  Recruitment & Selection  Employment Contract  Compensation & wages  Performance Management  Leave & Holidays  Work place discipline  Welfare  Employee Movement  Employee Exit  Terminal Benefits  Special Provisions www.vmlegalassociates.com

3. Procedural Compliance FIRST & then the rest. Keep the clear image on GOVERNANCE – To retain Customers Globally www.vmlegalassociates.com

5. Recruitment & Selection 12– 5 Unit 1 NEW AGE Human Resource Management and Impact of Employment Legislations in India www.vmlegalassociates.com

6. Modern Techniques of Recruitment Web Based Job Sites, Online Portals & Social Media Solutions and Legal Obligations www.vmlegalassociates.com

7. Concepts  Knowledge based Recruitment  E- Recruitment / On line Recruitment  Scouting – Investigations  Re- Recruitment  Event Recruitment  Networking  Job Portals – Posting the Job Description  Resume Scanning – pre defined search  Passive Job Seekers C V Bank  Passer – by applicant  Make every employee as Recruiter – Employee Referral www.vmlegalassociates.com

8. Innovative Practices  Sending SMS – texting simply “ APPLY”  Video / Visual Networks  Blogging on Social Networking sites  Job Fairs,  Job Application Banners, Pamphlets, Hoardings, Advertisement  In transit Advertisement – in public transport system  Public Address system Radio / Television www.vmlegalassociates.com

9. Challenges in Modern Methods  Quality of Hire / Performance in the interview is good and in the work is poor  Source of Hire  Referral Rates / Conversion Rate  Pipeline Development  Legal & Moral Obligations www.vmlegalassociates.com

10. Job Portals  Act Applicable : The Contract Act  Specific Provisions: Talent Data Base of the company, Non Disclosure, Misrepresentations, Terms & Renewal, Posting conditions, Portal Promotional schemes etc  Contractual Obligations  User based licenses  Free and other mode of portals – services and the employers obligations www.vmlegalassociates.com

11. Social Media  Social media can be useful for Recruitments What is it? How is it being used?  Company’s / Recruiters Personal legal obligations.  Users should be proactive with maintaining control over content and establishing institutional policies on appropriate use. 11 www.vmlegalassociates.com

12. Recruitment & Social Networking  Broad range of Internet activities generally involved :  Texting  Chat rooms  Emails  Blogging  Videos – Skype  Easily accessible  Work computers – company I P ID  Home computers – Personal I P ID  Mobile smart phones and other devices  Inherent risks  Immediacy  Global reach  Searchable  “Email is Forever”  Expectation of a dialogue www.vmlegalassociates.com

13. Online Social Networking Face book  >400 million users worldwide  20 billion minutes spent on Face book each day  Increasing corporate use for Marketing / Relationship Building Twitter  “Tweets” – max. of 140 characters  Celebrity usage –  Corporate use growing exponentially  Over 85 million users / month and growing  Largest user demographic 13 www.vmlegalassociates.com

14.  LinkedIn  For professionals  Over millions of registered users  MySpace  Similar to Facebook  YouTube  Online videos  Blogs  The original social networking tool  Non-provider hosted sites (external sites)  Different legal obligations may arise when a provider hosts blogs and other media on its own servers Online Social Networking www.vmlegalassociates.com

15. Social Media & Networking  Act Applicable: Implied Conditions The Contract Act – based on the Press of “Accept”  Specific Provisions: Privacy aspects, Passive seekers, Conflict of invitation  Implied Obligations:  Fake user / False invitations  Recruiter – Caution  Services and the Employers obligations  Social Media Policy www.vmlegalassociates.com

16. Social Media Policy Providers should:  Adopt a Social Media Policy for employees and staff  Educate staff about the contents of the Policy  Enforce policy through imposing consequences for violations www.vmlegalassociates.com

17. Social Media Policy: Adopt Policy should :  Set rules for what information staff can post and say online  Remind and educate staff about obligations – Candidate privacy, protecting proprietary institutional information  Clarify appropriate relationships between staff, the connection, service provider and the public 12– 17 www.vmlegalassociates.com

18. Social Media Policy: Educate & Enforce Educate:  Any policy is only as good as the institutional awareness of it  Know the policy; educate staff at hire and push periodic updates Enforce:  Follow through with penalties for violations 18 www.vmlegalassociates.com

19. Social Media Policy: Provisions & Examples Rules for use:  Maintain Candidates Credentials Confidentiality / privacy  Respect the Candidates’ current organization – no libelous or defamatory speech  Safeguard proprietary institutional information  Comply with copyright, trademark and other law  Do not communicate on “behalf” of institution  No Recruitment Professional advice / to take some company or not to accept the offer etc 19 www.vmlegalassociates.com

20. Selection - Resume Screening  Caution in questioning  Frequent Changes in Employment  Resume fraud if found  How To avoid Major negligent hiring  Concerns over fraud and embezzlement  Gut instinct” not a substitute for “trust, but verify”  Reluctance of past employers to give detailed references  Events of professional in nature  Work place violence if 12– 20 www.vmlegalassociates.com

21. Basics of Screening S – Sources of information are public records (e.g., criminal records), private records, and verification of credentials – not viewed as an invasion of privacy or unusual C – Consent in writing as declaration from the Candidates R – Rationale (screening encourages honesty, demonstrates due diligence, and helps in hiring based on facts and not just instinct) E – Even-handed (similarly situated people treated similarly – issue of discrimination against protected groups) E – Effectiveness – no single tool can be relied upon but need a series of overlapping tools N – Not a CBI/Police check or Big Brother watching, but a valuable due diligence employment tool to avoid surprises 12– 21 www.vmlegalassociates.com

22. Scope of Screening  Criminal searches based on where applicant has lived, worked, or studied  Sexual offender records  Driving records  Past employment / education verification  Licenses and credentials  Various disbarment lists – agency wise  Financial / Credit reports for specific positions ( Marketing)  Internet searches (Facebook, search engines, business connection sites, etc) 12– 22 www.vmlegalassociates.com

23. Available Tools What tools are used to conduct background checks:  Research on the internet  Interviews with potential candidates  Request for information from former employers or government agencies 12– 23 Background Checks www.vmlegalassociates.com

24. Legal Framework of Back Ground Verification What is the legal framework for each tool?  Law and regulations  Written consent by employee  Employment contract  Relevance 12– 24 www.vmlegalassociates.com

25. Applicable Law Back Ground Verification Act: The Contract Act – Personal Agreement between the company and the Candidate Specific provisions: Voluntary undertaking / Personal consent and Declaration in the form of details ***************  Making Use & Misusage of the verified report  Maintaining confidentiality  Organization's image, Loss of reputation  Third party reserved rights and our obligation 12– 25 www.vmlegalassociates.com

26. Damages and Remedies for Employees & Employer  Damages and remedies to applicants and current employees  Damages and remedies to third-party victims  Damages and remedies to the hiring company 12– 26 www.vmlegalassociates.com

27. Specific Questions 27 SECTION Recruitment & Selection www.vmlegalassociates.com