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............................................................................................................................DescriptionIndia's labour market continues to be outstandingly attractive to foreign investors. Accordingly, central and local authorities in India persistently develop and refine systems of employment law in ways that both offer incentives to employers and protect employees. Now at last there is a convenient one-volume handbook that lays out everything an HR manager needs to know to ensure legal compliance at every turn and to maintain an effective workforce.In the easy-to-use format for which CCH's handbooks are well known, Employment Law in India provides detailed guidance on every legal issue likely to arise in the course of HR management activities in India. It covers all the following and much more: - recruitment - polidesandprocedures - dispute resolution - employment conditions - benefits, retirement and tax issues - terminationandredundancy - industrial relations - expatriatesandforeignworkers - severance pay - anti-competition restrictionsIn sum, Employment Law in India gives you a firm grasp of the relevant legislation so you'll always be alert to its day-to-day impact on the employment relationship and take practical steps to make sure your business is not exposed to employment-related legal challenges.Especially useful in this inaugural edition is its detailed coverage of the recently implemented amendments to the Employees' State Insurance (ESI) Act which took effect on 1 May 2008, with the important changes in such areas as pensions, ESI hospital facilities, employer failure to pay ESI contributions, maternity benefits and child labour.With Employment Law in India, human resource managers and consultants and employment lawyers will save significant time and money in researching and resolving Indian employment law issues and make the right decision in almost every situation............................................................................................................................ContentsHR Best Practice• Introduction• The challenges of the Regional HR manager• Managing change: the role of HR• Flexible work practices• Outsourcing• The Employment Laws• Introduction• Legislation• Employer and employee organisations• Case studiesRecruiting, Selecting, Hiring and Induction• Introduction• Recruitment• Selection and hiring• Induction• Key questionsThe Employment Contract• Introduction• Validity of employment contracts• Types of contracts• Common law obligations• Duties of employers to third parties• Obligations of the parties• Terms implied by legislation and the courts• Breach of contract• Drafting of employment contracts• The role and validity of employee manual• Termination provisions and notice• Varying the employment contract• Sample lettersEmployment Issues• Introduction• Remuneration• National wage decisions• Bonuses, commissions and allowances• Non-cash remuneration and incentives• Payroll administration• Health and safety• Employee welfare and social security measures• Welfare• Stock options• Social security• Part-time employees• Casual employees• Discrimination and harassment• Internet use and data protectionTraining and Development• Introduction• Setting objectives for training• Designing training programmes• Employee development• Outside courses and assistance• Evaluation of training• Other issuesBenefits, Retirement and Related Tax Issues• Benefits• Retirement benefits legislation• Tax treatment of benefits• Case studiesTermination and Redundancy• Termination• Types of termination benefit• Wrongful dismissal• Procedural issues in dismissal• Alternatives to dismissal• Courts and tribunals• Laws on redundancy• Employer's rights after termination• Case studies• Specimen lettersIndustrial Relations• Introduction• Legislation• Trade unions• Industrial grievances and disputes• Strikes and lockouts• Courts and tribunals• Enterprise and collective bargaining processes• Resolution of industrial disputesExpatriates and Foreign Workers• Introduction• Employer's legal requirements• Application procedures• Taxation issues• The challenges of expatriate management• Termination of contracts• Sample forms — Registration of Foreigners Rules 1992Rules and Regulations• The Employees' Provident Funds and Miscellaneous Provisions Act, 1952• Equal Remuneration Act 1976• The Employees State Insurance Act, 1948• Maternity Benefit Act, 1961• Minimum Wages Act 1948• Payment of Bonus Act 1965• Payment of Gratuity Act 1972• Payment of Wages Act, 1936• Workmen's Compensation Act 1923............................................................................................................................Author DetailsG.P Sahi is practising as a senior member with Singhania & Partners, an ISO 9002 full service law firm in India. He has a degree in law and is a fellow member of the Institute of Company Secretaries of India and a licentiate Member of the Insurance Institute of India. He has held in-house counsel positions with different business houses managing a wide spectrum of functions such as corporate, insurance and employment law. He has written widely and presented papers on corporate, securities, foreign exchange management legislation, insurance law issues in addition to contributing articles in newspapers, corporate and legal journals. He has been associated as Life Member, Indian Council of Arbitration; Associate Member of the Indian Society International Laws; and Member of the Indian law Institute.Ravi Singhania is the managing partner of Singhania & Partners. He has a degree in commerce as well as law and advises principally on the areas of corporate, commercial law, direct and indirect tax matters, transfer pricing issues, and disinvestments with a special emphasis on information technology, telecoms and infrastructure.He is enrolled as an advocate of Supreme Court of India as well as a solicitor of Supreme Court of England and Wales. He has also authored India chapters of a number of publications relating to areas of law in the South and Southeast Asia, published and presented papers in a number of national and international seminars, and contributing articles to various newspapers and periodicals regularly. He is also the Country Correspondent to a International Company and Commercial Law Review. He is the co-chairperson of South and Southeast Asia Law Committee of the American Bar Association.............................................................................................................................
