This action might not be possible to undo. Are you sure you want to continue?
A Project Report On GAIL (INDIA) Ltd
“Recruitment Selection & Training in GAIL (INDIA) Ltd”
Prepared and presented To Sh. D.V. Shastri General Manager (Trng.) GTI, Plot #24, Sector 16A, Noida
Under the guidance of Shri R.K. Bhilwari Chief Manager (H.R) By Ankit Vaise (18th May, 2011- 17th June,2011 ) Gitam University, Vishakhaptnam
The PGDBM programme is well structured and integrated course of business studies. The main objective of practical training at PGDBM level is to develop skill in student by supplement to the theoretical study of business management in general. Industrial training helps to gain real life knowledge about the industrial environment and business practices. The PGDBM programme provides student with a fundamental knowledge of business and organizational functions and activities, as well as an exposure to strategic thinking of management. In every professional course, training is an important factor. Professors give us theoretical knowledge of various subjects in the college but we are practically exposed of such subjects when we get the training in the organization. It is only the training through which I come to know that what an industry is and how it works. I can learn about various departmental operations being performed in the industry, which would, in return, help me in the future when I will enter the practical field. Training is an integral part of PGDBM and each and every student has to undergo the training for 1 month in a company and then prepare a project report on the same after the completion of training. During this whole training I got a lot of experience and came to know about the management practices in real that how it differs from those of theoretical knowledge and the practically in the real life. In today’s globalize world, where cutthroat competition is prevailing in the market, theoretical knowledge is not sufficient. Beside this one need to have practical knowledge, which would help an individual in his/her carrier activities and it is true that “Experience is best teacher”.
to search about company performance and their talent pool requisition. to decide the true efficiency. to understand the employees thinking towards the present recruitment policies of the company .Aim To Study To understand about the recruitment and selection process of the company . .
Before getting to brass tacks of things. who have provided their whole hearted support to me in this exercise. Faculty. To commence with things I would like to take this opportunity to gratefully and humbly thank to Shri R. I also thank my friends and well wishers. Gitam University Vishakhapatnam for his undeterred guidance for the completion of the report. Noida.K. I believe that this Endeavor has prepared me for taking up new challenging opportunities in future. GAIL Training Institute. My parents need special mentions here for their constant support and love in my life. Bhilwari. Chief Manager (HR). I would like to add a heartfelt word for the people who have helped me in bringing out the creativeness of this project. Madhvi. . for being appreciative enough by giving me an opportunity to undertake this project in GAIL (India) Limited. Respected guide Ms. Project guide.ACKNOWLEDGEMENT The joy of ingenuity!!! This is doubtlessly what this project is about.
n o My job at GAIL Data Analysis Findings Conclusion Suggestions Bibliography Annexure . 3. 11. 1. 9. 7. 4. 2. 10. 5.Contents Sl. Chapter name Introduction and History Objective Research Methodology Company Profile Literature Survey Labour Laws Pg. 8. 13. 12. No. 6.
INTRODUCTION AND HISTORY GAIL (India) Ltd. GAIL began its city gas distribution in Delhi in 1997 by setting up nine CNG stations. GAIL commissioned world's longest and India's first Cross Country LPG Transmission Pipeline from Jamnagar to Loni. 2002. integrating all aspects of the Natural Gas value chain (including Exploration & . GAIL (India) Limited. Liquefied Natural Gas re-gasification. GAIL today has reached new milestones with its strategic diversification into Petrochemicals. In 1999. The 2800-km Hazira-Vijaipur-Jagdishpur (HVJ) pipeline became operational in 1991. GAIL became the first Infrastructure Provider Category II Licensee and signed the country's first Service Level Agreement for leasing bandwidth in the Delhi-Vijaipur sector in 2001. Gas Authority of India was renamed GAIL (India) Limited on November 22. (erstwhile Gas Authority of India Ltd). was set up by the Government of India in August 1984 to create gas sector infrastructure for sustained development of the natural gas sector in the country. three LPG plants were constructed and some regional pipelines acquired. During 1991-93. catering to the city's vast public transport fleet.Incorporating the new-found energy into its corporate identity. City Gas Distribution and Exploration & Production through equity and joint ventures participations. enabling GAIL to begin its regional gas distribution in various parts of India. The company has also extended its presence in Power. is India's flagship Natural Gas company. through its telecom business GAILTEL. In 2001. Telecom and Liquid Hydrocarbons besides gas infrastructure. GAIL set up northern India's only petrochemical plant at Pata. India's principal gas transmission and marketing company.
000 km of OFC network offering highly dependable bandwith for telecom service providers Joint venture companies in Delhi. Mumbai. GAIL is also expanding its business to become a player in the International Market. Bhopal. In a rapidly changing scenario. GAIL's Business Portfolio includes: • • • • • • • • • • • • • 7. 1956. 2008 for the smooth implementation of City Gas Distribution (CGD) projects. Processing. creating a quadrilateral of green energy corridors that connect major consumption centres in India with major gas fields.000 TPA of Ploymers 1. and Compressed Natural Gas (CNG) to the transport sector Participating stake in the Dahej LNG Terminal and the upcoming Kochi LNG Terminal in Kerala GAIL has been entrusted with the responsibility of reviving the LNG terminal at Dabhol as well as sourcing LNG GAIL Gas Limited.847 km of Natural Gas high pressure trunk pipeline with a capacity to carry 157 MMSCMD of natural gas across the country 7 LPG Gas Processing Units to produce 1. a wholly owned subsidiary of GAIL (India) Limited. Established presence in the CNG and City Gas sectors in Egypt through equity participation in three Egyptian companies: Fayum Gas Company SAE. Today. Lucknow. was incorporated on May 27.2 MMTPA of LPG and other liquid hydrocarbons North India's only gas based integrated Petrochemical complex at Pata with a capacity of producing 4. Agra. Stake in China Gas Holding to explore opportunities in the CNG sector in mainland China A wholly-owned subsidiary company GAIL Global (Singapore) Pte Ltd in Singapore .8 MMTPA of LPG 27 oil and gas Exploration blocks and 1 Coal Bed Methane Blocks 13.922 km of LPG Transmission pipeline network with a capacity to transport 3. Kanpur. Transmission. Shell CNG SAE and National Gas Company SAE. Hyderabad.10. for supplying Piped Natural Gas (PNG) to households and commercial users. LNG terminals and other cross border gas sourcing points. Distribution and Marketing) and its related services. Agartala and Pune. GAIL Gas Limited is a limited company under the Companies Act.Production. we are spearheading the move to a new era of clean fuel industrialisation.
Company Profile GAIL (INDIA) LIMITTED Incorporated Turnover (2009-10) Net Profit (2009-10) Employees Registered Office Market Shares 16th August .140 crore 3.K.996 crore Rs. New Delhi 110066 78% Market Share in Natural Gas Transmission 70% Market share in Natural Gas Marketing . 3.1984 Rs. Puram. R. 24.480 16 Bhikaiji Cama Place.
Value Creation for all Stakeholders and Environmental Responsibility. business partners. Committed to Customer Care. products and services Global Focus Create and strengthen significant global presence to pursue strategic. by growing aggressively while maintaining the highest level of operating standards Natural Gas and Beyond Focus on all aspects of the Natural Gas value chain and beyond including Exploration. surrounding communities and the nation Environmental Responsibility GAIL is committed to operational excellence in all we do with a focus on continuous efforts to improve environmental performance for ourselves and our customers and will be sensitive to the needs of the environment in all our actions . attractive opportunities that leverage GAIL's capabilities while effectively managing business risks Customer Care Anticipate and exceed customer expectations through the provision of highest quality infrastructure. Processing. customers. Marketing. Production. Key Elements of GAIL's Vision Leading Company Be the undisputed leader in the Natural Gas market in India and a significant player in the global natural gas industry. with Global Focus. employees.Vision Be the Leading Company in Natural Gas and Beyond. utilisation including Petrochemicals and Power and Natural Gas related infrastructure. products and services Value Creation for All Stakeholders GAIL will create superior value for all stakeholders including shareholders. Extraction. Transmission. Distribution.
” Strategy The company aims to further expand its core business of Natural Gas Transmission & Marketing. to capture larger share of the growing market. The company wishes to move upstream to secure gas supplies for the core transmission business. Further.Mission “To accelerate and optimise the effective and economic use of Natural Gas and its fractions to the benefit of national economy. the company is exploring and investing in international opportunities with a strategic rationale of gaining international presence. . Additionally. investments in petrochemicals and city gas distribution are being planned to enhance margins and increase sources of revenue.
UP. GAIL recently set up a JV. GAIL also has equity stake in OPAL petrochemical plant led by ONGC. and city gas distribution. GAIL diversified from gas marketing and transmission into Polymer business by setting up North India first gas based Petrochemicals complex at Pata.Â GAILâ€™s success lies primarily in its project management skills that is evident from the number of pipeline and petrochemical projects been taken up and completed efficiently. GAIL has successfully evolved into a major integrated gas company with presence across the natural gas value chain and with global footprints.GAIL SUCCESS STORY Started as a natural gas pipeline company in 1984. to construct a Greenfield petrochemical plant in Assam. Fayum Gas Company . GAIL also laid 1900 Km of LPG pipeline across the country which includes world’s longest exclusive LPG pipeline. Brahmaputra Cracker and Polymer Limited. Being a lean and thin organization. GAIL believes in containing quality talent who form a part of the GAIL family. Currently petrochemical business is one of the core focus area of GAIL. fertilizers. Jamnagar-Loni pipeline. As per the strategy of expanding global footprint. GAIL commissioned the plant successfully in year 1999 by rigorous team work and project management capabilities. GAIL played a key role as gas market developer in India for decades catering to major industrial sectors like power. It successfully secures participation in 2 retail gas companies in Egypt. Currently GAIL transmits more than 160 mmscmd of gas through its dedicated pipelines and have more than 70% market share in both gas transmission and marketing. GAIL (India) Limited has shown organic growth in gas transmission through the years by building large network of trunk pipelines covering length of around 11000 Km. GAIL formed a wholly-owned subsidiary company GAIL Global (Singapore) Pte Ltd in Singapore 2004 to route its overseas investment. Leveraging on the core competencies. Even without having any prior experience in petrochemicals.
In 2008. GAIL incorporated a wholly owned subsidiary. Transmission and Marketing sector for the Dun & Bradstreet American Express Corporate Awards 2006. PLATTS Top 250 2010. • Received the Platts Global Industry Leadership Award 2005. GAIL set up several JV and subsidiaries for CGD. First such JV. GAIL gas Ltd to focus on city gas distribution. • Rated as one of the Best Employers in India by Hewitt Associates in 2004 • Global Platts Survey No. The Turnover and PAT have shown remarkable accomplishment with CAGR of 13% and 14% respectively in last decade. In 2010.2 gas utility company globally. GAIL’s achievements has recognized by industry and following are the list of a few awards received by GAIL for its excellence • No. GAIL always promotes the green and clean energy concept and use of natural gas as energy source. 2006. 1 Company among global gas utilities in terms of Return on Invested Capital (2002-03) . Egypt. GAIL opened its first overseas representative office in Cairo. GAIL has been a leading public enterprise with a consistently excellent financial track record. transport sector & commercial consumers in Delhi. • Selected as the top Indian company in the Gas Processing.1 gas utility company in Asia and No. GAIL forms a Joint Venture Company (JVC) with China Gas Global Energy Holdings Limited in 2007. In this direction. • GAIL's Dahej-Vijaipur Pipeline Project won the Silver Medal in Mega Projects Category at the International Project Management Association Awards. Egypt. Mahanagar Gas Limited formed with British Gas incorporated to implement Mumbai City Gas Distribution project followed by Indraprastha Gas Limited (IGL) to supply of gas to household sector.and Shell CNG in 2003 and acquired 15% equity stake in NatGas.
employee –employer relationship. human capital management.Human resource management is the management of employee. ability etc. knowledge abilities. different terms are used for denoting Human Resource Management. industrial relationship. utilizing. developing their resources. the basic nature of distinction lies in the scope or coverage and evolutionary stage. labour administration. human resource management means employing people.s skill. . talent. so it is necessary to enquire into the difference in human behaviors” . labour management relationship. creativity. aptitude. maintaining and compensating their services in tune with the job and organizational requirements. ARTHUR LEWIS observed “There are great differences in development between countries which seem to have roughly equal resources. Though these terms can be used differently widely. They are labour management. In simple sence. human assent management etc.LITRATURE SURVEY Meaning of HUMAN RESORCE MANAGEMENT Human Resource plays a crucial role in the development process of the modern economics.
organizational evaluation.Functions of HUMAN RESOURCE MANAGEMENT Administration: Strategic planning. resolution of enrollment or claim problems. Compensation: Salary and benefit surveys. job descriptions Employee relations: Disciplinary processes. sick leave. insurance receivables. paid holidays. vacation. donor program. employee service awards Fiscal: Staffing budgets. job descriptions evaluation. Educational assistance. job evaluation. and others. accounts payable. Employee services: Enrollment in benefits. . disability insurance. County Board relations. employee newsletter. dental insurance. life insurance. educational incentive. complaint/grievance procedures. retirement benefits. labor-management relations. section 125 plan. policy recommendations. supervision of department staff Benefits: Health insurance. employee discounts for recreational spots. incident investigations. uniform allowance. departmental budget.
total package costing. payroll records. total package costing. Payroll administration: Computer-based or manual evaluation systems. post-offer employment testing. background investigations. compliance with timeliness standards Performance appraisal: Employee files. employment interviews. Leaves of absence: State and/or Federal Family and Medical Leave rights.insurance fund management. supervisory training. drug testing. Record-keeping: Job posting. rights upon return to work. litigation files. Health and safety: Employee assistance. Insurance receivables. safety records and other administrative files . safety compliance and training. testing administration. County approved leaves of absence. advertising. insurance fund management. . workers compensation claims. light duty assignments for temporary periods.
Selection: After identifying the sources of human resources. severance benefits. Training and development: County-wide needs assessment. development of supervisory and management skills. unemployment compensation. Supervisory newsletter. the management has to perform the function of selecting the right man at right job and at the right time. employee training and workshops. Salary and benefits: Salary/wage plans. exit interviews.Recruitment: Recruitment is defined as a process to discover the sources of manpower to meet the requirement of the staffing schedule and to employ effective measures fir meet the requirement of the staffing schedule and to employ to employ effective measures for attracting the manpower in adequate numbers to facilitate effective selection of an effective workforce. employee benefits . Separations and terminations: Rights upon termination of employment. Benefits orientation for new and transferring employees. searching for prospective employees and stimulation helps too apply for jobs in an organization.
Scope of HRM at organisational level Human Resource department at GAIL (INDIA) LTD • • • • Organization Chart Human resource department Recruitment and selection Resource allocation . 3: Make sue that there is match between cost and benefit. the poor quality of selection means extra cost on training and supervision.Importance of Human Resource Management 1: Attract highly qualified and competent people 2: Ensure that. Furtherionmore . resulting in unavoidable consequences. Thus the effectiveness of the recruitment process can play a major role in determining the resources that must be expended on other HR activates and their ultimate success. a typically response is to raise entry level pay scales . when recruitment fails to meet organizational needs for talent. 4: Helps the organization to create more culturally diverse workforce Whereas. This can distort traditional wages and salary relationship in organization.s the selected candidate stays longer with the company.
. 14: Surveys 15: Project trainees 16: Counselling and grievance handling-both are different as counselling is basically helping out in personal problems whereas. 8: Employee separation-includes resignation and dismissal. Training and Development –it includes technical. 9: Joining formalities.it is in the formal feedback to the employees about their performance and the conduct of work. 3: Appraisal and increment. grievances Handling involves the handling of complains that the employees has towards the management.take place when a new employee joins the company. 10: Computerization 12: Helpdesk 13: Employee verification-take place at the time of joining of the new employee. This Department includes number of function which are as Follows: 1. soft skills and process related to training 2. job.• Training and development • Human resource development This department looks after the needs and Requirement the present employees. departments etc 5: Motivational activities and entertainment. Process and policies –it contains all the rule and regulations that need to be followed by the employees.involves motivating the employees to improve their productivity. 4: Induction-involves the information to the new employees about the company. 6: Roles and responsibilities-that every individual employee needs to fulfil 7: Key Result Area (KRA) –it is the measurement quantifiable of output for the roles of responsibilities.
Manpower Requisition Form Recruitment Plan Budget Sourcing Selection Process Joining Post Recruitment Data Updating .All the above head are included in the human resource development and involves the over all development of individual employees which in turn increases the over all profit of the company.
. because unless the right type of people are hired. It is defined as „ a process to discover the sources of manpower to meet the requirements of staffing schedule and to apply effective measures for attracting the manpower to adequate number to facilitate effective selection of an effective workforce. Recruitment is the discovering of potential applicant for actual or anticipated organizational vacancies. even the best plans. The process begins when new recruits are sought and ends when . organization chart and control system would not do much good. Edwin B Flippo defines recruitment as „the process of searching for prospective employees and stimulating them to apply for the jobs in the organization. “It is the process of finding and attracting capable applicants for employment. Accordingly the purpose of recruitment is to locate sources of manpower to meet the job requirements and job specification. Yoder points out that recruitment is a process to discover the sources of manpower to meet the requirement of the staffing schedule and to employee effective measures to attracting that manpower in adequate number to facilitate effective selection of an effective workforce.RECRUITMENT Recruitment is “hiring” of employees from outside. Recruitment has been regarded as the most important function of the HR department .
One of the widely used methods is sending the recruiters to different colleges and technical schools. This is mainly done with the cooperation of the . The result is a pool of applicants from which new employees are selected. namely 1: Direct method 2: Indirect method 3: Third party method DIRECT METHOD The direct method includes sending of the recruiters to different educational and professional institutions.” Methods of Recruitment Dunn and Stephens summaries the possible recruiting methods into three categories. and mannered exhibits. employees contact with public.their application are submitted.
Sometimes. Senior post is largely filled with such methods. Advertisements in newspapers and or trade journals and magazines are the most frequently used methods. Advertising is a very useful for recruiting blue color and hourly worker. whereas the advertisement of the blue color jobs usually confine to the daily newspaper. in trade and professional journals. . According to the Advertisement tactic and strategy in personnel Recruitment. First.placement office of the college. technical magazines and brochures. and lower level administrative employees. The main point is that the higher the position in the organization the more dispersed advertisement is likely to be. Other direct methods include sending recruiters to conventions and seminars. to visualize the type of applicants one is trying to recruit. firms directly solicit information form the concerned professors about student with an outstanding records. clerical employees. INDIRECT METHOD Indirect method involves mainly advertising in newspapers. on the radios. The search for the top executive might include advertisement in a national periodical. Local newspaper can be good sources of blue collar workers. as well as scientific. and using mobile offices to go the desired centers. and technical employees. setting up exhibits at fairs. professional. three main points need to be borne in the mind before an advertisement in inserted.
and „pirates. by organization which loose their personnel through their efforts. are the main agencies for the public employment. Schools and colleges offer opportunities for recruiting their student. management consulting firms. They charge a small fee from the applicant.wide circulation. They specialize in specific occupation. salesmen. . Employers inform them of their personnel requirement. or why should the reader join the company. These firms are looked upon as the „head hunters. accountant. to write out a list of advantages the company offers. technical workers. Evaluation of the recruitment method . not only in which area. They operate placement services where complete biodata and other particular of the student are available. state or a nation. state agencies. These firms maintain complete information records about employed executives. to decide where to run the advertisement . and placement offices of schools colleges and professional associations recruiting firms. but also in which newspaper having a local. engineers and executives. and friends and relatives. indoctrination seminars for college professors. Professional organization or recruiting firms maintain complete information records about employed executive. Private employment agencies are the most widely used sources. Third. computer staff. while job seekers get information for them about the type of job are referred by the employer. State or public employment agencies are also known as the employment or labour exchanges. THRID PARTY These include the use of commercial or private employment agencies.Second. general office help.. „raiders.
4: Number of candidates at various stages of the recruitment and selection process. Objective of recruitment 1. especially those short listed. 3.The following are the evaluation of the recruitment method 1: Number of initial enquires received which resulted in completed application forms 2: Number of candidates recruited. To attract with multi dimensional skills and experience that suite the present and future organization strategies. 5. To search or headhunt people whose skill fit the company. 4. To develop an organizational culture that attracts competent people to the company. To induct outsider with new perspective to lead the company. To seek out non-conventional development grounds of talent 7. To infuse fresh blood at all levels of organization.s values. . 3: Number of candidates retained in the organization after six months. 6. To devise methodology for assessing psychological traits. 2.
1: Internal factors: These includes Company. 9. The recruitment process should inform qualified individuals about the job so that applicant can make comparison with their qualification and interest.s product Growth rate of the company .s size Company.To anticipate and find people for position that doesn. Factors affecting Recruitment There are two types of factors that affect the Recruitment of candidates for the company.s pay package Quality of work life Organizational culture Company. 10.t exists yet. It is through recruitment that many individuals come to know about the company and eventually decide whether they wish to work for it. Recruitment represents the first contact that a company makes with potential employees.8. To design entry pay that competes on quality but not on quantum. To search for talent globally not just with in the company.
. The individual take the decision usually on three different basic: 1: The objective factors 2: The critical contact 3: The subjective factor .Supply and demand factors . same way the prospective employee also has taken the decision whether or not to apply for the given job vacancy.Labour market condition . legal and government factors .Role of trade unions .Information system Factors to be undertaken while formulating recruitment policies The following factors should be undertaken while formulating the policies • • • • • Government polices Recruitment sources Recruitment needs Recruitment cost Organizational and personal policies \Theories Regarding Recruitment Recruitment is two way street: it takes a recruiter has a choice whom to recruit.Employment rate .Political.Cost of recruitment 2: External factors: These include .
and education opportunities. the candidates may be given a business case for analysis and presentation (This is done for certain positions only). and such as the efficiency in processing paper work association with the application. the subjective theory emphasizes the congruence. Choice can be made only when applicant can readily perceive the factors such as the behaviour of the recruiters. opportunity for advancement.s offers in terms of objective or subjective factors. we shortlist the resume received from various sources based on the suitability for the requirement. This interview lays more emphasis on functional competencies. because of his limited or very short contact with the organisation. the nature of the physical facilities. the critical contact theory suggests that the typical candidates is unable to make a meaningful differentiation of organization. such pay. Recruitment Process The actual steps involved in recruitment follow a well defined path: Application shortlist: In this step. . Preliminary Assessment: The short listed candidates go through a preliminary round of interviews. To have more data on the functional skills.The objectives theory views that the process of organizational choice as being one of weighing and evaluating set of measurable characteristic of employment offers. location. Here the choices are made on highly personal and emotional basis. On the other hand. the nature of job to performed. benefits . Whereas.
s • . Medical Evaluation: Candidates who are selected by Colgate are asked to undergo a medical test. Process • Plan For Hiring • Analyzing vacancies and recruitments • Vacancy due to attrition • New Position • • Due diligence & internal evaluation Present as a business case for Chairman Approval Recruitment approval process Decision: Should the position be retained? Job positions Merged • .Final interview: Here the candidates who successfully clear the first round of interview go through another round of interview with one or more of the functional heads. NO simple graduates . Engineer/MBA.
com Short-listing of profiles Minor deviations to be indicated in the interview assessment sheet comment box in BOLD. Stable work retention history . Age as per average team age . Work ex as per agreed Range Recruitment approval guidelines Circle HR sends recruitment format to entity HR Entity HR discusses with Business Head Corporate HR for approval Approval for Hiring: Preparation starts Employee Referrals indicating Employee ID.com • . Preliminary interview circle HR and at circle level . # Salary less than 50 % of minimum salary. Naukri. Designation Sourcing • .• • • • . Timesjobs. Salary hike 15-20 % .
Qualifications not as per laid norms. 2. Appointment letter & Confirmation letter Evaluation of recruitment process The following are the evaluation of the recruitment process: 1: Return rate of application sent out. 3. Experience less than laid norms. Compensations & job offers recommended by Circle to DAKC Pre joining reference & medical checks Job offer. PHILSOPHIES OF RECRUITEMT . Salary expected higher than max band.Major deviation to be indicated separately as a non-hiring condition Final interview at DAKC 1. 4: Cost of recruitment 5: Time lapsed data. 6: Comments on image projected. 2: Number of suitable candidates for selection. 3: Retention and performance of the candidate selection.
the greater the probability of employee effectiveness and longer the tenure. greater the compatibility between an applicant. 2: JOB COMPATIBILITY QUESTIONNAIRE: (JCQ) Job compatibility Questionnaire was developed to determine whether an applicant. The JCQ is designed to collect information on all aspects of the job which have a bearing in on employee performance . .absenteeism.s preference for the work match the characteristic of the job. The underlying assumption of JCQ is that. These are as follows: 1: REALISTIC JOB PREVIEWS (RJP) Realistic Job Previews provides complete job related information to the applicants so that they can make the right decision before taking up the jobs. It includes positive and the negative aspects of the job.s preference for the job and characteristic of the job as perceived by the job seeker. turnover and job satisfaction.Basically there are two Philosophies of recruitment.
Organization for selection Until recently the basic hiring process was performed in a rather unplanned manner in many organizations. Also it is a process of differentiating between applicants in order to identify and hire those with grater likelihood of success in job. The objective of selection decision is to choose the individual who can most successfully perform the job from the pool of qualified candidates. .SELECTION Selection is a negative process and involves the elimination of candidates who do not have the required skills and qualification for the job proposed. background investigation. The traditional selection process includes: preliminary screening interview. It is the system of function and devise adopted in a given company to ascertain whether the candidate. each department screened and hired its own employees. employment test.s specifications are matched with the job specifications and recruitment or not. comprehensive interview. Selection process or activities typically follow a standard patter. beginning with an initial screening interview and concluding with final employment decision. In some companies. completion of application form. physical examination and final employment decision to hire. Many mangers insisted on screening their own employees as they thought no one else could do that as efficiently as they themselves.
. a selection process involves mutually decision making. 2: Fairness: During the selection process the interviewer does not select the individual on the basis of his knowledge and hence the right type of the candidates is not selected.But now selection is centralized and handled by the Human Resource Department. This way he does not see through the caliber or the efficiency of the individual and many times it leads to the selection of the wrong candidates. it is important that people who know about these rules handle a major part of the selection process. .With increased governmental regulation on selection process.Hiring cost is cut because duplication of efforts is reduced. This is especially helpful during the chief hiring period. Ideally.It helps operating managers to concentrate on their operating responsibilities. This type of arrangement is also preferred due to some of these advantages: . .The applicant is better assured of consideration for a greater variety of jobs. .It is easier for the application because they can send their applications to a single centralized department. The organization decides whether or not to make a job offer and how attractive the job offer should be. . .It facilitates contact with applicants because issues pertaining to employment can be cleared through one central location. .It can provide for better selection because hiring is done by specialist trained in staffing techniques. These reasons are: 1: Perception or the Halo effect: Many a times the interviewer selects a candidate according to the perception he has or he made up while talking or looking at the individual. BARRIERS TO EFFECTIVE SELETION The main objective of selection process is to hire people having competence and commitment towards the given job profile. But due to some reason the main purpose of effectively selecting candidates is defeated.
.There must be sufficient number of applicants from whom the required number of employees to be selected. ESSENTIAL OF SELECTION PROCEDURE .Someone should have the authority to select. This ways the purpose of effective selection process of effective selection process is defeated as they have to select that individual whether or not he is capable of the job. that is being offered.There must be some standards of personnel with which a prospective employee may be compared.3: Pressure: The people from the HR department and also have a lot of pressure from the top management and from other top class people for selecting the candidates they want. FACTORS EFFECTING SELECTION DECISION Includes: Profile matching Organization and social environment Multi correlations Successive hurdles . .
1936. The Maternity Benefit Act provides for the grant of cash benefits to women workers for specified periods before and after confinements. The Industrial Disputes Act. In India we have a plethora of Laws which deals with issues concerning Labour administration. regulation of industrial relations between the management and the workers. 1948. regulates the timely payment of wages without any unauthorized deductions by the employers. The laws and bye laws applicable to labour issues and interests provides for various compliances in accordance with procedures laid therein. labour welfare. bye laws. 1938. commercial establishments. The Shops and Commercial Establishment Act regulates the conditions of work and terms of employment of workers engaged in shops. The salient features of the Central Labour Acts in force in India are given here under: The Indian Factories Act of 1948 provides for the health. notifications applicable to labour and labour issues. regulations and ordinances applicable to the industry in general and to the company or organisation specifically.Labour Laws of India Industrialisation poses a challenge for an entrepreneur in the form of management of the resources. ensures the fixation and revision of minimum rates of wages in respect of certain scheduled industries involving hard labour. bye laws. etc. The management and effective and efficient deployment of the resources of the organisation is the factor which decides the profitability and viability of any organisation . The Employment of Children Act. This book provides a brief insight into the Laws. and settlement of industrial disputes by . restaurants. theatres. prohibits the employment of young children below the age of 15 years in certain risky and unhealthy occupations. The payment of wages Act.Labour is one of the basic resources of any industry and has an important bearing on the performance and goals of the organisation. For the effective and efficient management of labour in an industry or an organisation it is necessary to have a complete knowledge of the Laws. 1947. provides for the investigation. safety and welfare of the workers. Regulations. The Minimum Wages Act.
covers a wide range of activities and in its present form is widely recognised and is regarded as an integral part of the industrial system and management. 1952. 1946. The Indian Trade Unions Act. maternity benefit. These rules. 1926. The Workmen’s Compensation Act. employees. conciliation. requires employers in Industrial establishments to define precisely the conditions of employment under them and make them known to their workmen. there is scope for payment of compensation in cases of lay-off and retrenchment. administrative rulings. The labour welfare work. recognizes the right of workers to organise into trade unions. 1923. provides for compensation to injured workmen of certain categories and in the case of fatal accidents to their dependants if the accidents arose out of and in the course of their employment. the internet encyclopedia defines labour law as “Labour Law is the body of laws. and precedents which address the relationship between and among employers. and labor organizations. The terms Labour Laws and Employment Laws. often dealing with issues of public law”.mediation. and when registered. provides for sickness benefit. . It also provides for payment of compensation in the case of certain occupational diseases. they have certain rights and obligations and function as autonomous bodies. adjudication and arbitration. Labour Laws are different from employment laws which deal only with employment contracts and issues regarding employment and workplace discrimination and other private law issues. once certified. 1948. or for his dependents in case of his early death. The Employees’ Provident Fund Act. seeks to make a provision for the future of industrial worker after he retires or in case he is retrenched. disablement benefit and medical benefit. are binging on the parties for a minimum period of six months. thus. are often interchanged in the usage. The Employees’ State Insurance Act. What is Labour Law? Wikipedia. The Industrial Employment (Standing Orders) Act. This has led to a big confusion as to their meanings.
. This was obviously labour legislation in order to protect the interests of British employers. In most countries however. The history of labour legislation in India can be traced back to the history of British colonialism. In order to put an end to the disputes between the ever-warring employer and employee. In India the labour laws are so numerous. The influences of British political economy were naturally dominant in sketching some of these early laws. In some countries (like Canada). employment laws related to unionised workplaces are different from those relating to particular individuals. Labour Laws harmonize many angles of the relationship between trade unions. thereby mitigating the differences between the two ever-warring groups. complex and ambiguous that they promote litigation rather than the resolution of problems relating to industrial relations. This led to a chaotic situation which required the intervention of Government. the Government enacted many labour laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for chartering workers became necessary. no such distinction is made. The labour movement has contributed a lot for the enactment of laws protecting labour rights in the 19th and 20th centuries.Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining. The final goal of labour law is to bring both the employer and the employee on the same level. The workers began demanding better conditions and the right to organise so as to improve their standard of living. employers and employees. Employer’s costs increased due to workers demand to win higher wages or better working conditions. Origins of Labour Laws Labour laws emerged when the employers tried to restrict the powers of workers' organisations and keep labour costs low.
the abolition of child labour. Thus we received the first stipulation of eight hours of work.The British enacted the Factories Act with a really self-centered motive. Labour Laws can be classified into the following eight categories: (i) (ii) (iii) (iv) (v) (vi) Laws related to Industrial Relations Laws related to Wages Laws related to Specific Industries Laws related to Equality and Empowerment of Women Laws related to Deprived and Disadvantaged Sections of the Society Laws related to Social Security . labour compensation. While the impact of this measure was clearly for the welfare of the labour force the real motivation was undoubtedly the protection their vested interests. India has a number of labour laws addressing various issues such as resolution of industrial disputes. Both central and state governments have enacted laws on labour issues. Classification of Various Labour Laws There are over 45 legislations on labour from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts. working conditions. and the restriction of women in night employment. India provides for core labour standards of ILO for welfare of workers and to protect their interests. insurance. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases. the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile moguls of Manchester and Lancashire. and the introduction of overtime wages for work beyond eight hours. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. It is well known that Indian textile goods offered serious competition to British textiles in the export market. equal remuneration etc. In order to make India labour costlier. child labour.
1975 Laws related to Specific Industries 1 2 3 4 5 6 7 8 The Factories Act. 1948 o The Minimum Wages (Central) Rules.(vii) (viii) Laws related to Employment & Training Others Laws related to Industrial Relations 1 2 3 4 The Trade Unions Act. 1957 o 4The Payment of Bonus Act. 1958 Working o Journalist (Conditions of service) and Miscellaneous Provisions Rules. 1946 The Industrial Disputes Act. The Motor Transport Workers Act. 1948. 1926 The Industrial Employment (Standing Orders) Act. 1957. The Mines Act. 1948. 1952. The Merchant Shipping Act. The Plantation Labour Act. 1936 o The Payment of Wages Rules. Provisions) Act. 1951. The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. 1965 o The Payment of Bonus Rules. 1937 o The Minimum Wages Act. . The Dock Workers (Regulation of Employment) Act. 1955. 1958. The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules. 1946 The Industrial Employment (Standing Orders) Rules. 1947 o Laws related to Wages o The Payment of Wages Act. 1961. 1950 o The Working Journalist (Fixation of Rates of Wages) Act.
1943 The Weekly Holiday Act. 1972 Laws related to Employment & Training 1 2 Others 1 2 3 4 5 6 7 8 The Fatal Accidents Act. 1976 The Child Labour (Prohibition & Regulation) Act. The Sales Promotion Employees (Conditions of Service) Act. The Contract Labour (Regulation & Abolition) Act. 1942 The National and Festival Holidays Act The War Injuries (Compensation Insurance) Act. 1855 The War Injuries Ordinance Act. 1976. 1988 The Employment Exchanges (Compulsory Notification of Vacancies) Act. 1959 The Employment Exchanges (Compulsory Notification of Vacancies) Rules. 1962 The Personal Injuries (Compensation Insurance) Act. 1963 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act. 1966. 1959 The Apprentices Act. 1948 The Employees’ Provident Fund & Miscellaneous Provisions Act. 1943 The Personal Injuries (Emergency) Provisions Act. Laws related to Deprived and Disadvantaged Sections of the Society 1 2 The Bonded Labour System (Abolition) Act. 1986 Laws related to Social Security 1 2 3 4 The Workmen’s Compensation Act. 1961 Labour Policy of India Labour policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social . 1923 The Employees’ State Insurance Act. 1952 The Payment of Gratuity Act.9 10 11 The Beedi & Cigar Workers (Conditions of Employment) Act. 1970.
justice and has two-fold objectives. Labour Policy Highlights Creative measures to attract public and private investment. Industrial Relations committees in more sectors. Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary. maintaining industrial peace and promoting the welfare of labour. Reprioritization of allocation of funds to benefit vulnerable workers. Amendments to Industrial Disputes Act in tune with the times. Empowered body of experts to suggest required changes.. Vital industries and establishments declared as `public utilities`. Social security cards for workers. .150 crores or more. Long term settlements based on productivity. Unified and beneficial management of funds of Welfare Boards. Creating new jobs New Social security schemes for workers in the unorganised sector. viz. Model employee-employer relationships. Labour Law reforms in tune with the times. Special conciliation mechanism for projects with investments of Rs.
Applicable to the whole of India including Jammu & Kashmir. 3. Modern medical facilities for workers. Applicable to all factories using power and employing 10 or more workers. To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. 2. Computerization and updating of data base. Joint cell of labour department and industries department to study changes in laws and rules. Efficient functioning of Labour Department. Restructuring in functioning of employment exchanges. Revamping of curriculum and course content in industrial training. 2. . and if not using power. More labour sectors under Minimum Wages Act. Applicability of the Act 1. Child labour act to be aggressively enforced. Rehabilitation packages for displaced workers. employing 20 or more workers on any day of the preceding 12 months. 1948 Objectives 1. Covers all manufacturing processes and establishments falling within the definition of ‘factory’. The Factories Act.
Adequate facilities for washing. [Section 46]. Artificial humidification should be at prescribed standard level. Ventilation should be adequate. [Section 13]. Schedule 2 is about permissible level of certain chemical substances in work environment. Adequate First aid boxes shall be provided and maintained [Section 45]. Facilities in case of large factories . drinking water. It should be sufficiently lighted and ventilated and suitably located.000 or more workmen are employed. If a worker has to work in standing position. [Sections 17 to 19]. [Section 48] * Full time Welfare Officer if factory employs 500 or more workers [Section 49] * Safety Officer if 1. sitting arrangement to take short rests should be provided. . [Section 20]. Overcrowding should be avoided. Reasonable temperature for comfort of employees should be maintained.Following facilities are required to be provided by large factories .Scheme of the Act 1. Adequate lighting.The factory should be kept clean. [Section 15]. 4. sitting. Schedule 1 contains list of industries involving hazardous processes 3. Schedule 3 consists of list of notifiable diseases. There should be arrangement to dispose of wastes and effluents. [Section 44]. latrines. [Section 42]. Important provisions the Act Facilities and Conveniences . The Act consists of 120 Sections and 3 Schedules. Welfare . * Rest rooms / shelters with drinking water when 150 or more workmen are employed [Section 47] * Crèches if 30 or more women workers are employed.* Ambulance room if 500 or more workers are employed * Canteen if 250 or more workers are employed. Adequate spittoons should be provided. [Section 11]. [Section 16]. [Section 12]. 2. [Section 14]. storing cloths when not worn during working hours. urinals and spittoons should be provided. Dust and fumes should be controlled below permissible limits.
[Section 32]. Safety appliances for eyes.. Working Hours . [Section 51]. [Section 60].. Overtime Wages . [Section 56]. [Section 59(1)]. He should not misuse any appliance. gas. Avery India 1972(42) FJR 304 (Mad HC) * Director of Stores v. – R Ananthan v. Notice of period of work should be displayed. [Sections 41A to 41H]. he should have full holiday on one of three days immediately or after the normal day of holiday.All machinery should be properly fenced to protect workers when machinery is in motion. [Section 38]. Total period of work inclusive of rest interval cannot be more than 10.. on tour outside headquarters are not entitled to overtime. . overtime wages are double the rate of wages are payable. P S Dube 1978 Lab IC 390 = 52 FJR 299 = 1978 I LLN 464 = 36 FLR 420. Hoists and lifts should be in good condition and tested periodically.Safety Officer should be appointed if number of workers in factory are 1. Floor. [Section 54]. If he is asked to work on weekly holiday. convenience or other things provided. [Section 31].Adequate fire fighting equipment should be available. [Section 61]. A workman cannot work in two factories. .A worker cannot be employed for more than 48 hours in a week. [Section 52(1)]. [Section 28 and 29]. Pressure plants should be checked as per rules. overtime wages are not payable when the worker is on tour. Worker is also under obligation to use the safety appliances. [Section 58]. . Total working hours including overtime should not exceed 60 in a week and total overtime hours in a quarter should not exceed 50. A worker should be given a weekly holiday. Register of overtime should be maintained. [Sections 35 and 36]. However. Overlapping of shifts is not permitted. He cannot be employed for more than 9 hours in a day. In case of hazardous substances.000 or more. . Weekly holiday is compulsory.Safety . [Section 21 to 27].5 hours. additional safety measures have been prescribed. dangerous dusts.An employee working outside the factory premises like field workers etc. There is restriction on double employment.If a worker works beyond 9 hours a day or 48 hours a week. At least half an hour rest should be provided after 5 hours. [Section 111]. [Section 55]. [Section 40B]. stairs and means of access should be of sound construction and free form obstructions. fumes should be provided.
A woman worker cannot be employed beyond the hours 6 a. The proposed Bill will empower the State Governments for allowing the necessary flexibility in employment of women during night shift in factories. Shift change can be only after weekly or other holiday and not in between.00 am.00 pm. No worker should be permitted to work unless his name is in the register.Employment of Women . This decision has been taken after meetings with the representatives of the employers and the trade unions. The proposed amendment would inter-alia provide that the employer has to ensure occupational safety and adequate protection to the women workers. Record of overtime is also required to be maintained. but no woman can be permitted to work during 10 PM to 5 AM.A register (muster roll) of all workers should be maintained.m.00 pm and 6. . The Government has decided to amend Section 66 of the Factories Act. The demand of women’s organisations and in tune with the present economic globalization. The State Governments are also empowered to frame their own rules for allowing such permissions. the Government has decided to bring in then required changes in the Act. This flexibility would be available to all manufacturing units including the apparel sector. Night Shift for women: Factories Act is proposed to be amended to allow night shift for women workers. the State Government or any person authorised by it would be allowing employment of women during night only after consulting the workers or their representative organisations and concerned employers or their representatives. Record of Workmen . State Government can grant exemption to any factory or group or class of factories. [Section 66]. [Section 62]. However. 1948 to allow employment of women workers between 7. to 7.
provided that he had worked for 240 days or more in the previous calendar year. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. [These are minimum benefits. Child worker is entitled to one day per every 15 days. of course.Leave . However. [Section 71]. He should be certified fit by a certifying surgeon..Child below age of 14 cannot be employed. [Section 108(1)]. Employer can. A person over 15 but below 18 years of age is termed as ‘adolescent’. [Section 71]. [Section 81].'Wages' for leave encashment and overtime will include dearness allowance and cash equivalent of any benefit. [Section 68]. [Section 70]. . Wage for period must be paid before leave begins. He cannot be employed during night between 10 pm to 6 am. [Section 67]. There are more restrictions on employment of female adolescent. if leave is for 4 or more days. Display on Notice Board . Leave cannot be taken for more than three times in a year. but leave shall not be earned on those days.A notice containing abstract of the Factories Act and the rules made thereunder. An adolescent is not permitted to work between 7 pm and 6 am. While calculating 240 days. Application for leave should not normally be refused. give additional or higher benefits]. [Section 79]. – Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. it will not include bonus or overtime.A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year. Wages for OT and Leave Salary .Register of child workers should be maintained. in English and local language should be displayed. Child above 14 but below 15 years of age can be employed only for 4. Name and address of Factories Inspector and the certifying surgeon should also be displayed on notice board.5 hours per day or during the night. . He can be employed as an adult if he has a certificate of fitness for a full day's work from certifying surgeon. [Section 73]. earned leave. Child Employment . maternity leave upto 12 weeks and lay off days will be considered.
Notice of Accidents, Diseases Etc. - Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker contacting occupational disease should be informed to Factories Inspector. [Section 88]. Notice of dangerous occurrences and specified diseases should be given. [Sections 88A and 89]. Obligation regarding Hazardous Processes / Substances - Information about hazardous substances / processes should be given. Workers and general public in vicinity should be informed about dangers and health hazards. Safety measures and emergency plan should be ready. Safety Committee should be appointed.
Child Labour (Prohibition & Regulation) Act, 1986
In India, there are a number of Acts which prohibit the employment of children below 14 years and 15 years in certain specified employments. However, there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be prohibited. There is also no law to regulate the working conditions of children in most of the employments where they are not banned from working and are working under extremely shady and questionable conditions.
Objectives of Child Labour (Prohibition & Regulation) Act, 1986
(i) (ii) (iii) (iv) (v) Ban the employment of children, i.e. those who have not completed their fourteenth year, in specified occupations and processes; Lay down a procedure to decide modifications to the Schedule of banned occupations or processes; Regulate the conditions of work of children in employments where they are not prohibited from working; Lay down enhanced penalties for employment of children in violation of the provisions of this Act, and other Acts which forbid the employment of children; To obtain uniformity in the definition of 'child' in the related laws.
Scheme of the Act The Act consists of 26 Sections and 1 Schedule with 2 Parts.
1. Part A consists of list of occupations where child labour is banned. 2. Part B consists of list of processes where child labour is banned.
Important Provisions of the Act
Who is a child? According to the definition given u/s 2(ii) of the Act, a child means a person who has not completed his fourteenth year of age. Where is the child labour prohibited to work? No child is permitted to work in any the occupations set forth in Part A of the Schedule or any workshop wherein any of the processes set forth in Part B of the Schedule is carried on. (Section 3) Exemption: The above prohibition does not apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. Where child labour is permitted? Except the prohibitory occupations set forth in Part A or processes set forth in Part B of the Schedule, child labour is permitted to be employed but the conditions of their work is required to be regulated in accordance with Part III of the Act. Responsibilities of employers towards child labour: Please refer to the note regarding the responsibilities of the employer for the proper implementation of the Act and the Rules. Penalties: For the contravention of Section 3 a person is punishable with not less than three months imprisonment which may extend to one year or with fine not less than Rs.10,000/- rupees which may be extended up to Rs. 20,000/- or with both. For other offence, the punishment may be simple imprisonment up to one month or with fine up to Rs. 10,000/- of both. A conviction u/s 67 of the Factories Act, 1948 or u/s 21 of the Motor Transport Workers Act, 1961 will attract the penalties under the Child Labour (Prohibition & Regulation) Act, 1986.
Salient Features of Legislative Provisions Prohibiting and Regulating Employment of Children 1. As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not completed is 14th year of age. 2. The Act prohibits employment of children in 13 occupations and 57 processes contained in Part A & B of the Schedule to the Act (Section 3). 3. Under the Act, a Technical Advisory Committee is constituted to advice for inclusion of further occupations & processes in the Schedule. 4. The Act regulates the condition of employment in all occupations and processes not prohibited under the Act (Part III). 5. Any person who employs any child in contravention of the provisions of Section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both (Section 14). 6. The Central and the State Governments enforce the provisions of the Act in their respective spheres. Employment of children as domestic servants and in dhabas banned from October 2006: The government has decided to prohibit employment of children as domestic servants or servants or in dhabas (roadside eateries), restaurants, hotels, motels, teashops, resorts, spas or in other recreational centres. The ban has been imposed under the Child Labour (Prohibition & Regulation) Act, 1986 and will be effective from 10th October 2006. The Ministry of Labour has recently issued a notification to this effect giving three-month
By issuing this notification. The Labour Ministry is also contemplating to strengthen and expand its rehabilitative Scheme of National Child Labour Project. It may be recalled that the government servants have already been prohibited from employing children as domestic servants. The employer is required on a compulsory basis. The decision has been taken on the recommendation of the Technical Advisory Committee on Child Labour headed by the Director General. 1959 The main purpose of the Act is to provide for the compulsory notification of vacancies to employment exchanges. The Committee considers the occupations mentioned in the above notification as hazardous for children and has recommended their inclusion in the occupations which are prohibited for persons below 14 years under the Child Labour (Prohibition & Regulation) Act. It said that invariably such incidents go unnoticed and unreported as they take place in the close confines of the households or dhabas or restaurants. The Committee while recommending a ban on employing children in these occupations had said that these children are subjected to physical violence. psychological traumas and at times even sexual abuse. The Employment Exchanges (Compulsory Notification of Vacancies) Act. to notify to the Employment Exchanges all vacancies other than vacancies in unskilled categories. The measure is expected to go a long way in ameliorating the condition of hapless working children. The Committee has said that the children employed in road-side eateries and highway dhabas were the most vulnerable lot and were easy prey to sex and drug abuse as they came in contact with all kinds of people. 1986. the Government has imposed these restrictions on everyone. It said that these children are made to work for long hours and are made to undertake various hazardous activities severely affecting their health and psyche. The Ministry has warned that anyone employing children in these categories would be liable to prosecution and other panel action under the Act. which already covers 250 child labour endemic districts in the country. temporary .mandatory notice. ICMR.
The Act extends to the whole of India. Scheme of the Act There are only 10 Sections in total and some of the important Sections are: Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Application of the Act: The Act covers the employers in establishments both in public and private sectors. return relating to the staff strengths at regular intervals. Most of the States/Union Territories have set up special enforcement machinery for this purpose. Definitions Act not to apply in relation to certain Vacancies Notification of Vacancies to Employment Exchanges Employers to furnish information and returns in prescribed form Right of access to records or documents Penalties Cognizance of Offences Protection of Action taken in good faith .vacancies and vacancies proposed to be filled through promotion and tender to the Employment Exchanges. Act not to apply in relation to certain vacancies: The Act shall apply to the following category of vacancies: 1) In any employment in agriculture (including horticulture) in establishment in private sector other than employment as agricultural or farm machinery operatives. The Act is applicable to establishments which are engaged in non-agricultural activities and employing 25 or more workers. 3) In any employment the total duration of which is less than 3 months. The enforcement of the Act is the responsibility of States and Union Territories. 2) In any employment in domestic service.
Section 4(4) says that the employer’s obligation is only to notify the vacancy to the employment exchange. or on recommendation of.4) In any employment which requires unskilled office work. 1960. . says that the vacancies are to be notified either to the Central Employment Exchange or Local Employment Exchange. The Act does not impose any obligation on an employer to recruit any person through employment exchange to fill the vacancy merely because the vacancy has been notified as required by this Act. In addition. Section 4(3) provides that the manner of notification of vacancies and the particulars of employments having such vacancies should be such as may be prescribed. to the prescribed employment exchanges. 5) In any employment related to the staff of Parliament. Notification of vacancies to Employment Exchanges: Section 4 of the Act provides for notification of vacancies to employment exchange. (Section 3). The employer in every establishment in public sector is required to notify any vacancy before filling it up. The Section further requires an employer in every establishment tin private sector or every establishment pertaining to any class or category of establishments in private sector to notify to the prescribed employment exchanges from such date as may be specified in the notification issued by the appropriate Government in the Official Gazette. the Act shall not apply to the following vacancies unless the Central Government otherwise directs through notification in its Official Gazette: 1) Vacancies which are proposed to be filled through promotion 2) Vacancies which are proposed to filled through absorption of surplus staff of any branch or department of the same establishment 3) Vacancies which are proposed to be filled through the result of any examination conducted or interview held by. 4) Vacancies in an employment which carries a remuneration of less than sixty rupees in a month. as the case may be. Employment Exchanges to which vacancies are to be notified: Rule 3 of The Employment Exchanges (Compulsory Notification of Vacancies) Rules. any independent agency such as Union or State Public Service Commission and the like.
shall be notified to these local employment exchanges. In the case of private sector or every establishment pertaining to any class or category of establishments in private sector. Right of Access to Records or Documents: Such officer of the Government as may be prescribed in this behalf. Such officer is also empowered to enter at any reasonable time. or nay person authorized by him in writing. and Vacancies which an employer may desire to be circulated to the employment exchanges outside the State or Union Territory to which the establishment is situated. shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under Section 5 of this Act. 1. Vacancies of all types other than those which are required to be notified to Central Employment Exchange. by notification in the Official Gazette. The Local Employment Exchange means the employment exchange (the Central Employment Exchange) notified in the Official Gazette by the State Government or the Administration or Union Territory as having jurisdiction over the area in which the establishment concerned is situated or over specified classes or categories of establishments of vacancies. Furnishing of Information or Returns: Section 5 requires an employer in every establishment in public sector to furnish.The Central Employment Exchange means the Employment Exchange established by the Government of India. any premises where he believes that such record . the appropriate Government. may require that from such date as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed and the employer shall thereupon. such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in the establishment to such employment exchanges as may be prescribed. Ministry of Labour and Employment and to which the following vacancies shall be notified: Vacancies in posts of a technical and scientific nature carrying a basic pay of Rs.400 or more per month occurring in establishments in respect of which the Central Government is the appropriate Government under the Acct. comply with such requisition. The above return shall be furnished to the Director or other authorized officer of the Directorate administering employment exchanges in a State or Union Territory.
Cognizance of Offences . .(a) required to furnish any information or return . any question necessary for obtaining any information required to be furnished under Section 5. Protection of action taken in good faith . or (ii) furnishes or causes to be furnished any information or return which he knows to be false. (2) If any person . such officer of Government as may be prescribed in this behalf or any person authorised by that officer in writing (Section 8). or (iii) refuses to answer.No prosecution for an offence under this Act shall be instituted except by. or with the sanction of. prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act (Section 9). Penalties (Section 7) (1) If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of sub-Section (1) or sub-Section (2) of Section 4.(i) refuses or neglects to furnish such information or return.or document to be and inspect and take copies of relevant records or documents or ask any question necessary for obtaining information required under that Section (Section 6). or gives a false answer to. he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees. or (b) impedes the right of access to relevant records or documents or the right of entry conferred by Section 6. he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees.No suit.
Obligation of Employer – Every employer is under obligation to provide the apprentice with the training in his trade in accordance with the provisions of this Act and the rules made there under. 1923 w. The objective is promotion of new skilled manpower. In every trade. If the employer is not himself qualified in the trade. The scheme is also extended to engineers and diploma holders. [Section 1(4)]. The employer has to make arrangements for practical training of apprentice [Section 9(1)]. If employer is employing more than 250 workers. and This Schedule is about modifications in the Workmen’s Compensation Act. The Act applies to areas and industries as notified by Central government. Employer will pay stipends to apprentices at prescribed rates. Every employer has to provide adequate instructional staff. Ratio of trade apprentices to workers shall be determined by Central Government. 50% of cost is shared by Government. If the employees are less than 250. [Section 3A]. there will be reserved places for scheduled castes and schedules tribes.t its application to apprentices under the Apprentices Act. [Section 11].r. Scheme of the Act There are 38 Sections in total and 1 Schedule. [Section 8(1)]. Obligations of Apprentices: .Apprentices Act. he has to ensure that a person who possesses the prescribed qualification is placed in charge of the training of the apprentice. 1961. he has to bear full cost of training. possessing such qualifications as may be prescribed for imparting practical and theoretical training and facilities for trade test of apprentices. Every employer is under obligation to take apprentices in prescribed ratio of the skilled workers in his employment in different trades. 1961 The main purpose of the Act is to provide practical training to technically qualified persons in various trades. Employer can engage more number of apprentices than prescribed minimum.
Date of commencement of apprenticeship training: . Contract with Apprentice – Apprentice appointed has to execute a contract of apprenticeship with employer. [Section 3]. 1991. and To carry out his obligations under the contract of apprenticeship. [Section 4(1)] Apprentice is entitled to casual leave of 12 days. Duration of Training . agreement should be signed by his guardian. such training places shall be reserved on the basis on the total number of apprentices in all the designated trades in such establishment.Every trade apprentice undergoing apprenticeship training shall have the following obligations. In case of graduate or technician apprentice or technician (vocational) apprentice. To attend practical and instructional classes regularly. The reservation shall be such as may be prescribed having regard to the population of the Scheduled Castes and Scheduled Tribes in the State concerned. If apprentice is minor. medical leave of 15 days and extraordinary leave of 10 days in a year. as prescribed in Rules. training places shall be reserved by the employer for the Scheduled Castes and Scheduled Tribes (as defined in clauses (24) and (25) of Article 366 of the Constitution) and where there is more than one designated trade in an establishment. Period of training is determined by National Council for training in Vocational Trades (established by Government of India)-(Section 6). apart from the aforestated obligations. the Act imposes further obligation to learn his subject in Engineering or Technology or Vocational Course. To carry out all lawful orders of his employer and superiors in the establishments.Duration of training period and ratio of apprentices to skilled workers for different trades has been prescribed in Apprenticeship Rules. Duration of Apprenticeship may be from 6 months to 4 years depending on the trade. namely: To learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training. Reservation of training places for scheduled castes: Section 3A provides that in every designated trade.Apprentice should be of minimum age of 14 years and he should satisfy the standard of education and physical fitness as prescribed. The contract has to be registered with Apprenticeship Adviser. (Section 12) Who can be an Apprentice .
Registration: The employer shall send the contract to the Apprenticeship adviser for registration within three months of the date on which it was signed (Rule 6). the Central Government after consulting the Central Apprenticeship Council makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training then the terms and conditions of every contract relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly. An employer shall pay such stipend at such intervals and subject to such conditions as may be prescribed. However. Payment to apprentices: This is a contractual as well as statutory obligation imposed under Section 13 of the Act that an employer pays to every apprentice during the period of training such stipend at a rate not less than the prescribed minimum rate and this rate will be specified in the contract. Terms and conditions of contract: The contract may contain such terms and conditions as may be agreed to by the parties to the contract. on registration with the Apprenticeship Adviser shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and other employer. Such contract on and from the date of such registration shall be terminated with the first employer and no obligation under that contract shall be enforceable (Section 5). an . Registration of contract of apprenticeship under Section 4(4) is not a necessary ingredient of definition of apprentice. (Bhaskaran v. Novation of contract of apprenticeship: Where an employer is for any reason unable to fulfill his obligations under the contract and with approval of the Apprenticeship Adviser it is agreed between the employer. the agreement. the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training. In case. KSEB (1986) 1 LLN 869). The contract shall be registered by the Apprenticeship Adviser on being satisfied that the person described as an apprentice in the said contract is qualified under this Act.The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into.
shall register the same. Either party can make application for termination of contract to the Apprenticeship Adviser and thereafter send a copy of the same to the other party. it was held that other things being equal. are not applicable to him. for post-institutional training (b) Sandwich course students for degree examination .An apprentice is not a workman during apprentice training.Rs 1. Where the contract is terminated for failure on the part of the apprentice. for post-institutional training (d) . It was also held that he need not be sponsored by the employment exchange.The minimum rate of stipend payable per month is as follows . Age bar may also be relaxed. [Section 16]. However. The concerned institute should maintain a list of persons already trained and in between trained apprentices.Rs 1. preference should be given to those who are senior. However. the employer shall pay the prescribed amount of compensation to the apprentice where the contract is terminated for failure on the part of the employer to honour the contract. safety and welfare will apply to him. ESI.400 p.Rs 1. An employer is under no obligation to employ the apprentice after completion of apprenticeship. Apprentice is also entitled to get compensation from employer for employment injury. However.apprentice shall not be paid on the basis of piece-work nor he shall take part in any output bonus or other incentive scheme. Termination of contract: The contract of apprenticeship training shall terminate on the expiry of the period of apprenticeship training. Act. (Section 7) Legal Position of Apprentices . who on being satisfied that the parties have failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the contract. Industrial Disputes Act etc. (c) diploma holders .m.(a) Engineering graduates . a trained apprentice should be given preference over direct recruits.970 p.400 p.m. State of UP 2000 LLR 869 (SC). – same view in UP Rajya Vidyut Parishad v. provisions of Factories Act regarding health. gratuity. [Section 22(1)]. PF. Stipend payable. UP Parivahan Nigam Shishukh Berozgar Sangh AIR 1995 SC 1114 = (1995) 2 SCC 1 . he or his guardian shall refund the cost of the training to the employer. [Section 18] Provisions of labour law like Bonus. in UP State Road Transport Corpn v. to the extent of training period.m.
An appeal can be preferred by the aggrieved party within 30 days of the communication of the Adviser’s decision to the Apprenticeship Council and such appeal shall be heard and determined by the Committee of that Council appointed for the purpose.140 p. If he passes. (3) The progress in apprenticeship training of every graduate or technician apprentice. (2) Every trade apprentice who passes the test referred to in sub-Section (1) shall be granted a certificate of proficiency in the trade by the National Council. who completes his apprenticeship training to the satisfaction of the concerned Regional Board. the stipend is as follows – first year – Rs 820 pm.090 p.Rs 1.Sandwich course students for degree examination . [w.090 pm. shall be granted a certificate of proficiency by that Board.m. Third year – Rs 1. Offer and Acceptance of Employment (Section 22) – . Test and Proficiency certificate . he gets a certificate of proficiency. Fourth year – Rs 1. May 2001] In case of 4 year training. Holding of Test and Grant of Certificate and Conclusion of Training (Section 21) .(1) Every trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has undergone his apprenticeship training. Disputes under contract and settlement thereof: Section 20 of the Act provides that if out of the terms and conditions of the contract any dispute arises. to supervise the scheme.On completion of training. (e) Vocational certificate holder Rs 1. technician (vocational) apprentice shall be assessed by the employer from time to time. it will be referred to Apprenticeship Adviser for decision. Various powers have been conferred on them under the Act. Dy Apprenticeship Adviser etc.m.e.f.230 pm. Second year – Rs 940 pm. Apprenticeship Adviser . [From May 2001]. every trade apprentice has to appear for a test conducted by National Council. (4) Every graduate or technician apprentice or technician (vocational) apprentice. and such decision of the Committee shall be final.Government is empowered to appoint Apprenticeship Adviser.
or (c) contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions. after the successful completion of the apprenticeship training.(1) If any employer . serve the employer. or (b) fails to carry out the terms and conditions of a contract of apprenticeship.(a) engages as an apprentice a person who is not qualified for being so engaged. or gives a false answer to any question necessary for obtaining any information required to be furnished by him. in the opinion of the Apprenticeship Adviser. or (iii) refuses to answer. or (b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other person. and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer. on such completion. as may be . be bound to offer suitable employment to the apprentice. he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. reasonable. the employer shall. or (ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true. (2) If any employer or any other person .(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment. not below the rank of an Assistant Apprenticeship Adviser. where there is a condition in a contract of apprenticeship shall. nor shall it be obligatory on the part of the apprentice to accept an employment under the employer. and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract: Provided that where such period or remuneration is not.(a) required to furnish any information or return (i) refuses or neglects to furnish such information or return. he may revise such period or remuneration so as to make it reasonable. (2) Notwithstanding anything in sub-Section (1). Offences And Penalties (Section 30) .
(1) If the person committing an offence under this Act is a company. inspection. as well as the company. Offences by Companies (Section 32) . where an offence under this Act has been committed by a company and it is proved that the offence has been committed . or (f) requires an apprentice to take part in any output bonus or incentive scheme. shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-Section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) Notwithstanding anything contained in sub-Section (1). at the time the offence was committed was in charge of. or (c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser. every person who. the company for the conduct of business of the company. or (d) employs an apprentice on any work which is not connected with his training. and was responsible to. he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees.authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry.If any employer or any other person contravenes any provision of this Act for which no punishment is provided in Section 30. examination or inquiry authorised by or under this Act. or (e) makes payment to an apprentice on the basis of piecework. Penalty where no specific penalty is specified (Section 31) .
Cognizance of Offences (Section 33) . manager. secretary. and (b) "director" in relation to a firm means a partner in the firm.No court shall take cognizance of any offence under this Act or the rules made there under except on a complaint thereof in writing made by the Apprenticeship Adviser or the officer of the rank of Deputy Apprenticeship Adviser and above within six months from the date on which the offence is alleged to have been committed. manager. any director. .(a) "company" means a body corporate and includes a firm or other association of individuals. .with the consent or connivance of. secretary or other officer of the company. such director. Explanation: For the purposes of this Section. or is attributable to any negligence on the part of. or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.