Seminar Legislative Changes under Labour Codes & Protection of Transgender Persons in Employment

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Event Details

Seminar Legislative Changes under Labour Codes & Protection of Transgender Persons in Employment - Feb 15, 2020

Introduction :

A. The Code on Wages, 2019

B. The Transgender Persons (Protection of Rights) Act, 2019 (Prevention of Unfair Treatment in the Matter of Employment, Occupation)   

 

A. The Code on Wages, 2020 is a landmark year that will witness comprehensive changes in labour laws. Four important statutes, namely the Minimum Wages Act, The Payment of Wages Act, The Payment of Bonus Act and the Equal Remuneration Act, have already been consolidated into The Code on Wages, 2019 which has been passed by Parliament. Its enforcement is expected with the notification of the Rules.


The consolidation of several other statutes under the titles of The Industrial Relations Code, 2019, The Social Security Code, 2019 and Occupational Safety & Health Code, 2019 is under consideration and scrutiny of the Standing Labour Committee. 


The seminar, at the outset, will elaborate on some of the salient definitions in the Code on Wages, 2019 such as “appropriate Government”, “employer”, “employee”, “wages” and “worker”. A major change is the revised definition of “wages” that will include even allowances paid to employees in a stipulated manner, impacting various social security and other benefits. The entire wage administration would need an overhaul to integrate the new concept of “wages” for each employee. “Wages” as per the Code will impact all applicable benefits of workers, including minimum wages, statutory obligations for payment of wages, bonuses, and (going by the same definition appearing in the other draft Codes) various social welfare entitlements relating to Provident Fund, ESIS and gratuity. As the actual overtime payments as well as any amounts received as ‘commission’ by a person employed will need to be factored into the computation of “wages” as per the new definition, structuring the CTC (which is legally a part of the employment contract) could be a challenging task. The structuring of the CTC with new definition of “wages” will be explained during the seminar in detail.  


The statutes revised in the Code have certain important implications for employers. The removal of the salary ceiling under the Payment of Wages Act will cover executives and managers irrespective of their salaries thereby protecting from any arbitrary deductions or from non-payment or late payment of salaries. Settlement of dues must now be made within 2 working days from the cessation of employment.


The Code defines an “employer’ as one who employs one or more persons directly or through an agency for work in his establishment, how does the Code impact the responsibilities of the principal employer for payment of wages and other benefits like bonus to Contract labour?


Under the provisions for bonus in the Code, whilst the audited accounts of companies shall not normally be questioned, however in case there is a dispute regarding the quantum of bonus the authority may call upon the employer to produce the balance sheet before it. This may lead to disputes over an audited balance sheet that once had the sanctity and finality in law.


An important aspect in the Code is that while it repeals all the four statutes there is a saving proviso to protect all rights, benefits, etc., that are more beneficial than the benefits under the Code which had accrued under the repealed laws. This would imply that employees who were enjoying better terms in their service conditions would continue to receive those as against those who joined after the commencement of the Code.


B. The Transgender Persons (Protection of Rights) Act, 2019 has been passed by Parliament to sensitise all sections of society to the needs of transgender persons. As the Act is enforceable, it is appropriate for every HR and line Manager to get acquainted with the several obligations have been placed on employers. The Act expressly prohibits any form of discrimination against a transgender person from the stage of recruitment, selection, promotion, career opportunities, or unfair termination.  What are the practical measures that need legal compliance to assist such persons in an establishment? How will an employer ensure that the Act is complied in spirit to avoid friction amongst employees and foster a climate of acceptance and amity? It is proposed to explore and understand these requirements.


Time is opportune for all Companies and their Managers to acquaint themselves with the new framework of the various laws that have been codified and the new legislation enacted to protect those defined as transgender persons. Ignorance of the law is no excuse and there are stringent provisions for prosecution and penalties ranging from fines to imprisonment which may extend to 6 months. The Chamber has invited eminent speakers who are specialized in the legal field to deal with the changes that will impact the rights and liabilities of the employees and employers in day to day interactions. The Seminar seeks to create an opportunity to listen to expert views of the faculty and seek clarification on the myriad aspects of implementation of the above enactments which can well be an arduous task for a line manager.

 

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.

Speakers :   

Mrs. Mitra Das, Advocate High Court.

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

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

Vivanta by Taj –  President, 90 Cuffe Parade, Mumbai - 400 005

Chetna Surti

Email - hr1@bombaychamber.com

Tel - 4910 0228, 98926 86418

 

Supriya Pandey

Email - hr@bombaychamber.com

Tel - 6120 0250, 98202 02236

 Participation Fee :   
Members  Rs. 5000 + 18% GST 
Non-Members  Rs. 5500 + 18% GST 
Discount 10% discount for more than 3 participants & 15% for 5 & above from same organization

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”.

EVENTS

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