Q1. Role of HR Manager in recent days.

Ans:
Job brief:

HR Manager’s responsibilities include overseeing the recruitment process, designing

company policies and setting objectives for the HR team. You will also help shape our
employer brand strategy. To be successful in this role, you should be familiar with HR
technology, including payroll systems and Applicant Tracking Systems.
Ultimately, you will ensure our company attracts hires, develops and retains qualified
employees.

Responsibilities:

• Set objectives for the HR team and track progress.

• Design and implement company policies that promote a healthy work environment.
• Develop compensation and benefits plans.
• Support and suggest improvements to the entire recruitment process.
• Host in-house recruitment events.
• Discuss employees’ career development paths with managers.
• Monitor HR metrics (e.g. turnover rates and cost-per-hire)
• Review departmental budgets.
• Organize learning and development programs.
• Ensure HR staff addresses employees’ requests and grievances in a timely manner.
• Maintain HR procedures that comply with labour regulations.

Requirements:

• Proven work experience as an HR Manager or similar role.

• Hands-on experience with Human Resources Management Software (including payroll
systems and ATS).
• Solid understanding of labour legislation.
• Excellent communication abilities.
• Leadership skills.
• Ability to foster healthy employee relations.
• BSc degree in Human Resources Management or Organizational Psychology.
• MSc degree in HR or relevant certification is a plus.

Conclusion:

According to research, the human part of your organization tallies up to 80 percent of your
organization’s assets; reason enough for you to QC your human resource function. To build a
team of professionals, it is of utmost importance to have an equally professional and well-
managed HR department. A slipshod HR function will cost your organization’s future and
compromise on its achievements. To summarize, the role of an HR manager is to maintain
law and order in the organization and amongst the employees, which further extends to
attracting, engaging and retaining top talent.
Q2. Human Resource Planning: Need and Objectives
Ans:
Objectives:

The main objective of having human resource planning is to have an accurate number of
employees required, with matching skill requirements to accomplish organisational goals.

In other words, the objectives of human resource planning are to:

1. Ensure adequate supply of manpower as and when required.

2. Ensure proper use of existing human resources in the organisation.
3. Forecast future requirements of human resources with different levels of skills.
4. Assess surplus or shortage, if any, of human resources available over a specified period of
time.
5. Anticipate the impact of technology on jobs and requirements for human resources.
6. Control the human resources already deployed in the organisation.
7. Provide lead time available to select and train the required additional human resource over
a specified time period.

According to Sikula “the ultimate purpose/objective of human resource planning is to relate

future human resources to future enterprise need so as to maximise the future return on
investment in human resources”.

Need and Importance of HRP:

The need for human resource planning in organisation is realised for the following
reasons:

1. Despite growing unemployment, there has been shortage of human resources with required
skills, qualification and capabilities to carry on works. Hence the need for human resource
planning.

2 Large numbers of employees, who retire, die, leave organisations, or become incapacitated
because of physical or mental ailments, need to be replaced by the new employees. Human
resource planning ensures smooth supply of workers without interruption.

3. Human resource planning is also essential in the face of marked rise in workforce turnover
which is unavoidable and even beneficial. Voluntary quits, discharges, marriages, promotions
and seasonal fluctuations in business are the examples of factors leading to workforce
turnover in organisations. These cause constant ebb and flow in the work force in many
organisations.

4. Technological changes and globalisation usher in change in the method of products and
distribution of production and services and in management techniques. These changes may
also require a change in the skills of employees, as well as change in the number of employ-
ees required.
It is human resource planning that enables organisations to cope with such changes.

5. Human resource planning is also needed in order to meet the needs of expansion and diver-
sification programmes of an organisation.

6. The need for human resource planning is also felt in order to identify areas of surplus
personnel or areas in which there is shortage of personnel. Then, in case of surplus personnel,
it can be redeployed in other areas of organisation. Conversely, in case of shortage of
personnel, it can be made good by downsizing the work force.
Human resource planning is important to organisation because it benefits the organisation in
several ways.

Q3. Salient features of the Factories Act, 1948

Ans:
There has been rise of large scale factory/ industry in India in the later half of nineteenth
century. Major Moore, Inspector-in- Chief of the Bombay Cotton Department, in his Report
in 1872-73 first of all raised the question for the provision of legislation to regulate the
working condition in factories; the first Factories act was enacted in 1881. Since then the act
has been amended on many occasions. The Factories Act 1934 was passed replacing all the
previous legislation in regard to factories. This act was drafted in the light of the
recommendations of the Royal Commission on Labour. This Act has also been amended
suitably from time to time.

The experience of working of the Factories Act, 1934 had revealed a number of defects and
weakness which have hampered effective administration of the Act, and the need for
wholesale revision of the act to extend its protective provisions to the large number of smaller
industrial establishments was felt. Therefore, the Factories Act, 1948 consolidating and
amending the law relating to labour in factories, was passed by the Constituent Assembly on
August 28, 1948. The Act received the assent of Governor General of India on 23 September
1948 and came into force on April 1, 1949.

Objective of Factories Act ,1948:

The main objectives of the Indian Factories Act, 1948are to regulate the working conditions in
factories, to regulate health, safety welfare, and annual leave and enact special provision in
respect of young persons, women and children who work in the factories.

1. Working Hours:

According to the provision of working hours of adults, no adult worker shall be required or
allowed to work in a factory for more than 48 hours in a week. There should be a weekly
holiday.

2. Health:

For protecting the health of workers, the Act lays down that every factory shall be kept clean
and all necessary precautions shall be taken in this regard. The factories should have proper
drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and urinals
should be provided at convenient places. These should be easily accessible to workers and
must be kept cleaned.

3. Safety:

In order to provide safety to the workers, the Act provides that the machinery should be
fenced, no young person shall work at any dangerous machine, in confined spaces, there
should be provision for man-holes of adequate size so that in case of emergency the workers
can escape.

4. Welfare:

For the welfare of the workers, the Act provides that in every factory adequate and suitable
facilities for washing should be provided and maintained for the use of workers.
Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters,
rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:-

The provisions of The Factories Act, 1948, or any rules made under the Act, or any order
given in writing under the Act is violated, it is treated as an offence. The following penalties
can be imposed:-

(a) Imprisonment for a term which may extend to one year;

(b) Fine which may extend to one lakh rupees; or

(c) Both fine and imprisonment.

If a worker misuses an appliance related to welfare, safety and health of workers, or in

relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-.

Applicability of Factories Act, 1948:

The Act is applicable to any factory whereon ten or more workers are working, or were
working on any day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on with the aid of power, or is ordinarily so carried on,
or whereon twenty or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being carried
on without the aid of power, or is ordinarily so carried on; but this does not include a mine, or
a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel,
restaurant or eating place.

Importance of Factories Act, 1948:

The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is
essentially to safeguard the interests of workers, stop their exploitation and take care of their
safety, hygiene and welfare at their places of work. It casts various obligations, duties and
responsibilities on the occupier of a factory and also on the factory manager. Amendments to
the Act and court decisions have further extended the nature and scope of the concept of
occupier, especially vis-a-vis hazardous processes in factories.

Q4. Salient Features of the Trade Union Act, 1926

Ans: In this Act 'the appropriate Government' means, in relation to Trade Unions whose
objects are not confined to one State, the Central Government, and in relation to other Trade
Unions, the State Government, and, unless there is anything repugnant in the subject or
context, -

(a) "executive" means the body, by whatever name called, to which the management
of the affairs of a Trade Union is entrusted;

(b) "office-bearer", in the case of a Trade Union, includes any member of the
executive thereof, but does not include an auditor;

(c) "prescribed" means prescribed by regulations made under this Act;

(d) "registered office" means that office of a Trade Union which is registered under
this Act as the head office thereof;
 (e) "registered Trade Union" means a Trade Union registered under this Act;

(f) "Registrar" means -

(i) a Registrar of Trade Unions appointed by the appropriate Government

under section 3, and includes any Additional or Deputy Registrar of Trade
Unions; and

(ii) in relation to any Trade Union, the Registrar appointed for the State in
which the head or registered office, as the case may be, of the Trade Union
is situated ;

(g) "trade dispute" means any dispute between employers and workmen or between
workmen and workmen, or between employers and employers which is connected
with the employment or non-employment, or the terms of employment or the
conditions of labour, of any person, and "workmen" means all persons employed in
trade or industry whether or not in the employment of the employer with whom the
trade dispute arises; and

(h) "Trade Union" means any combination, whether temporary or permanent, formed
primarily for the purpose of regulating the relations between workmen and
employers or between workmen and workmen, or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade or
business, and includes any federation of two or more Trade Unions:
Provided that this Act shall not affect -

(i) any agreement between partners as to their own business;

(ii) any agreement between an employer and those employed by him as to

such employment; or

(iii) any agreement in consideration of the sale of the good-will of a

business or of instruction in any profession, trade or handicraft.

Provisions to be contained in the rules of a Trade Union.-

A Trade Union shall not be entitled to registration under this Act, unless the executive thereof
is constituted in accordance with the provisions of this Act, and the rules thereof provide for
the following matters, namely: -

(a) the name of the Trade Union;

(b) the whole of the objects for which the Trade Union has been established;

(c) the whole of the purposes for which the general funds of the Trade Union shall be
applicable, all of which purposes shall be purposes to which such funds are lawfully
applicable under this Act;

(d) the maintenance of a list of the members of the Trade Union and adequate
facilities for the inspection thereof by the office-bearers and members of the Union;
 (e) the admission of ordinary members who shall be persons actually engaged or
employed in an industry with which the Trade Union is connected, and also the
admission of the number of honorary or temporary members as office-bearers
required under section 22 to form the executive of the Trade Union;

(ee) the payment of a subscription by members of the Trade Union which shall be
not less than twenty-five naye paise per month per member;

(f) the conditions under which any member shall be entitled to any benefit assured by
the rules and under which any fine or forfeiture may be imposed on the members;

(g) the manner in which the rules shall be amended, varied or rescinded;

(h) the manner in which the members of the executive and the other office-bearers of
the Trade Union shall be appointed and removed;

(i) the safe custody of the funds of the Trade Union, an annual audit, in such manner
as may be prescribed, of the accounts thereof, and adequate facilities for the
inspection of the account books by the office-bearers and members of the Trade
Union; and

(j) the manner in which the Trade Union may be dissolved.

Q5. Wage Legislation in India

Ans: Our Constitution enjoins on the Government to endeavour to secure of work ensuring a
decent standard of life and full enjoyment of leisure, social and cultural opportunities.
Minimum Wages Act, 1948 was passed to provide fixing minimum wages in certain
employments and provisions of the Act are intended to achieve the object of doing social
justice to the workers employed in schedule employment by prescribing minimum rates of
wages for them.

Along with above mentioned Act, there is the Payment of Wages Act, 1936 which guarantees
payment of wages on time and without any deductions except those authorised under the Act.

The provisions of the Act are duly applicable to the contract labour employed by any factory
or establishment if the employment in which they are engaged is otherwise covered by the
Payment of Wages Act.

The following mentioned are the main deductions that are allowed under the Payment of
Wages Act, 1936-

• Fines;
• Deduction for the actual period of absence
• Deduction for the damage or loss of goods expressly entrusted to the employed
person;
• Deduction for house accommodation;
• Deduction for the amenities and service supplied by employer with agreement to the
employee;
• Deduction for recovery of advances and interest, and adjustment of overpayment;
 • Deductions for recovery of loans from any fund constituted for the welfare of labour
as agreed between employer and employee;
• Deduction for income tax;
• Deduction on orders of a court or other authority;
• Deduction for subscription and repayment of advance from any Provident Fund;
• Deduction for payments to cooperative societies as agreed between employer and
employee;
• Deduction of premium for LIC policy on written authorization of the employed
person; or any other investment for Post Office Saving Schemes;

However, as mentioned in section 7 of the Act, the total amount of deductions should not
exceed 75% of wages of the employee in any wage period if whole or part of the deductions is
meant for the payments to cooperative societies. In other cases it should not exceed 50%.

Procedure and provisions relating to fine deduction from the pay:

Incase of fines that need to be imposed on the employee it should only be for the acts and
omissions that are mentioned in the list of which has been approved by the appropriate
Government. Fines should not exceed 3% of the wages in a month. This needs to be recovered
within 90 days of the date of act or omission, be imposed after a proper show cause procedure
and cannot be imposed on an employee of less than 15 years of age.

Employers have compulsorily to maintain following registers in the prescribed forms-

• Register of wages;
• Register of fines;
• Register of deduction for damages or loss
• Register of advances.

As per the provisions under Payment of Wages Act, 1936 wages needs to be paid-

• Before the expiry of the 7th day after the last day of the wage period, where there are
less than 1000 workers employed and in rest case on the 10th day;
• In current coin or currency notes and by cheques or by crediting the wages in the
employee’s bank account after obtaining his written authority;
• On a working day;
• Before the expiry of the second day, to the person whose employment is terminated.

Every employer shall be responsible for the payment of all wages required to be paid under
the Payment of Wages Act, 1936 to persons employed by him and in case of persons
employed-

• In the case of contractor, a person designated by such contractor who is directly

under his charge;
• A person designated by the employer as a person responsible for complying with the
provisions of the Act
Penalties can be imposed on employers for contraventions of any provisions of the Act:

• For contravention of Section 5, 7 8, 9, 10, 11, 12 and 13, which mentions timely
payment of wages, payment of wages in current coins and currency, fines,
deductions for damage/loss or recovery of advances and loans. In such case fine not
less than Ra. 1000 which may extent to Rs. 5000. On subsequent conviction fine not
less than Rs. 5000 may extend to Rs. 10000.
• For failing to maintain registers, willfully refusing or without lawful excuse
neglecting to furnish information or refusing to answer or willfully giving a false
answer to any question necessary for obtaining any information required to be
furnished under this Act. For such offences, fine shall not be less than Rs. 1000 and
may be extended to Rs. 5000. For second or subsequent conviction fine not less than
Rs. 5000 and may extend to Rs. 10000.
• For willfully obstructing an Inspector in discharge of his duties and on refusal to
produce of any register or other documents fine not less than Rs. 1000 extendable
upto Rs. 5000. On subsequent conviction fine not less than Rs. 5000 and may be
extended upto Rs. 10000.
• On conviction for any offence and again guilty of contravention of same provision.
Failing or neglecting to pay wages to any employee punishment of imprisonment not
less than one month which may extend upto six months and fine not less than Rs.
2000 extendable upto Rs. 15000 may be done. Additional fine upto Rs. 100 for each
day.