Seminar on Understanding Legal Aspects of : Fixed Term Employment, Risks in Outsourcing Work & Employers Responsibilities in Changing Scenario POSH

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Event Details

Seminar on Understanding Legal Aspects of : Fixed Term Employment, Risks in Outsourcing Work & Employers Responsibilities in Changing Scenario POSH - Mar 09, 2019

Introduction :

The rapidly changing business environment poses continual challenges for employers to appreciate the impact of laws, both statute as well as the views of the Courts in their numerous judicial decisions. The Chamber seeks to create, through interactive participation, awareness amongst employers on some of the current, risks and pitfalls that are latent and inherent in handling human resources. 

1.   Fixed Term Employment (FTE) :

While the practice of engaging employees on Fixed Term contracts is rampant in all industries many employers are not aware of the immense risks such employments carry for the Company. Many a time what is viewed by an employer as a Fixed Term contract does not meet the requirements of a legally valid FTE and has an inherent risk of being seen not only as an unfair labour practice but of conferring permanency of employment. What are the valid pre-requisites of a genuine FTE? Whether the facts support such an employment will need to be understood on the legal parameters set by Courts in the numerous cases that have been decided. That apart, the benefits that are legally payable to a person engaged as an FTE are invariably misunderstood as often the employer is under the belief that a contractual agreement (providing for stipulated benefits) takes care of all legal liabilities. The legal flexibility that an employer has will be discussed. It is intended to discuss some important judicial decisions on the subject for a proper appreciation of the diverse legal implications and the requisite safeguards that need to be observed while engaging employees on FTE. The Central Industrial Employment Standing orders that were significantly amended to regulate fixed term employment and the conditions that are applicable thereto will also be highlighted for the benefit of participants..


2.   Risks (Immediate and Long Term) in Outsourcing Work :

Extensive outsourcing of work in establishments has been rapidly increasing in industry. Utilisation of contract labour has taken a quantum leap not just in non-core activities like housekeeping, gardening, canteen, etc but even in productive core operations. In the hurry and bustle of work all precautions in handling contract workers are given a go-by. A contractor is hired and an agreement signed and all is forgotten thereafter. By the time claims are made after some years for permanency employers are often at a loss as to where and how their management of contract workers had gone wrong. Not far back, as many as 2700 contract workers were granted permanency in employment with the principal employer by the High Court. Right from getting the legally correct text of the agreement down to the actual manner of utilisation of contract labour with its countless pitfalls there has to be continual shop floor awareness of basic safe practices and operational rules with the necessary do’s and don’ts in daily work. It is extremely difficult to defend operational errors committed by the company when the matter lands in Court seeking permanency of employment, particularly when the contractor takes a back seat or disappears from the scene.  In the new scenario we have hundreds of outsourced workers sitting in the establishments of the principal employer doing perennial work using company’s phone, fax, laptop, other electronic equipment that spew vast documentation that could be used against the principal employer. What precautions are required in general taking the peculiar nature of operations and the facts in a particular set-up? Many other legal questions arise like whether the principal employer is liable at law to pay for the bonus and gratuity to contract workers where their employer (the contractor) has defaulted. The program is intended as a searchlight to initiate a planned approach to handling this sensitive subject with safety.


3.   Employer's Responsibilities in Changing Work Scenario - Prevention of Sexual Harassment at Workplace :

Ever since the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 was enacted employers have faced with diverse problems in the implementation of the law. In the business environment today a sea change has been taking place displacing the erstwhile work methodology. The term “workplace” is no longer confined to a particular physical premises considering that with the use of the laptop and flexibility of the electronic gadget it is possible and expected that one can work from any place be it an office, the railway station or the airport waiting lounge. Any place from where work is performed by an employee or a group of employees qualifies as a workplace. The working hours are also elastic as employees work at their convenience 24 by 7. With extensive socializing on the face book, twitter and other media and the proximity of and familiarity with women coworkers at the workplace sexual harassment has assumed new dimensions that may not be easily manageable by an employer who often comes to know of it late in the day. When complaints are lodged investigations can be difficult more so when the rigours of the disciplinary law are exacting. Many other questions arise such as who is an “aggrieved woman” at the workplace, how does the ICC establish culpability in an environment where events occur with the click of the mouse and where there can be mutual reciprocal involvement, with tacit consent in the beginning changing to retracted responses later when convenient?

 

It is proposed to examine such practical difficulties in the implementation of the law. Another important aspect that will be taken up is the legal expectations on the part of employers to sanitize employees at workplace to bring in a respectable approach in behaviour towards women.  


For Whom :

The seminar is designed for Managers, Executives and Senior Officials at the Corporate as well as the establishment level in HR/Administration, Accounts and Line Functionaries.

 

[Cancellation of registration is allowed 2 days (48 hours) prior to the workshop post which the registration fee will not be refunded. However, replacement of delegates is allowed.]
Honourable Mr. Justice R. J. Kochar
Former Judge, Bombay High Court

Mr. Naresh Kumar Pinisetti
President – HR, Deepak Fertilisers and Petrochemical Corporation Ltd.

Mr. Lancy D’Souza
Advocate High Court and Advisor – Legal, Bombay Chamber

The Orchid, Mumbai, 70/C, Nehru Road, Adjacent to Domestic Airport, 

Vile Parle (E), Mumbai - 400099

Chetna Surti

Email :  hr1@bombaychamber.com

Tel : 49100228, 98926 86418


Prashant Bais

Email :  hr.head@bombaychamber.com

Tel : 61200210, 9967705312

Participation Fee :   
Members  Rs. 5000 + 18% GST
Non-Members  Rs. 5500 + 18% GST

Bank Details for NEFT

Account No.

02422418061924

IFSC CODE

DCBL0000024

Bank Name

DCB Bank

Branch Address

Mahim (024), Mumbai

Cheque /Demand Draft should be drawn in favor of “BOMBAY CHAMBER OF COMMERCE AND INDUSTRY”.

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