Recruitment and selection following processes of equal opportunity,

diversity and inclusiveness

Human Resource and Management

Report Submitted to the

Indian Institute of Technology, Kharagpur

In partial fulfillment for the award of the degree

of

Master of Business Administration

By

Group 5

Nikhil Pathak 21BM63024

Shubham Divate 21BM63028
Mohit S 21BM63040
Ayush Gupta 21BM63050
Bala Sai Tarun Chinnamuthavi 21BM63130

VINOD GUPTA SCHOOL OF MANAGEMENT INDIAN INSTITUTE OF TECHNOLOGY

KHARAGPUR

APRIL 2022
Abstract:
Companies are devoted to hiring the most qualified employees while adhering to all applicable employment
rules in the recruitment and selection process. Individual companies have a policy of providing equal
employment opportunities to all applicants and employees.

Any activity for an open post, including recruitment costs, advertising, interviewing, and job offers, requires
authorization from the Human Resources (HR) Director. In this paper we will see what different laws and
provisions are made by Government of India to ensure that the equal opportunities are provided to every
Indian citizen. It also important along with maintaining the equal opportunities the employer or an
employing organization is also enabling the diversity within the organization.

What motivates people to work?

 Money: People work in order to earn money. They require funds for food, rent, and recreational activities
with their friends and family.
 Independence: Working isn't just for the money. Working can also provide you with more autonomy and
control over your life. Working allows you to learn new things, gain new abilities, and make relationships
with others you meet on the job.
 Community: People strive to be a part of and contribute to the communities in which they live. This
means that employment exist not merely to benefit you, but also to enable you to assist others. As an
example, let's pretend I work as a mail carrier in an office. I'm assisting the entire office in saving time and
completing tasks.

Recruitment:
Recruitment is the process of attracting and motivating potential employees to apply for jobs in a company.
The process of hiring the right applicants for the right job is known as recruitment.

Recruitment and selection activities are primarily divided into two categories:

A broadly prescriptive human resource management or personnel management perspective, as well as a

highly technical psychology literature focusing on the validity (absolute and relative) of various forms of
recruitment techniques, such as competency modelling, interviews, and various types of psychometric
testing.

Recruitment Methods:

There are many different recruitment tactics, however for the sake of simplicity, they have been divided into
two categories.

 Internal Recruitment
 External Recruitment

Recruitment's Benefits and Importance:

1. Aids in the development of a talent pool of possible applicants for the organization's advantage
2. To enlarge the pool of job-seeking prospects for the least amount of money.
 3. It aids in increasing the selection process' success rate by reducing the number of visits from
qualified or overqualified job seekers.
4. Assists in discovering and preparing possible job applicants who are qualified for the position.
(5). Finally, it aids in improving the organisation and individual effectiveness of various
recruitment strategies, as well as the effectiveness of all types of job applicants.

Selection:
Selection is the process of selecting people with the necessary qualifications to fill positions in a company.
Choosing the best applicant is only one aspect of selection. It's an attempt to establish a happy medium
between the applicant's abilities and desires and the organization's requirements.

Selection Benefits and Importance:

The importance of hiring the proper people is critical for three reasons: performance, cost, and legal duties.

Performance: Employees with the appropriate skills will perform better for any organisation and for the
owner. Employees who lack these talents or who are abrasive will not perform well, and the company's
performance will suffer significantly. As a result, there is a time to screen out undesirables and select the
best and most qualified individual who can contribute to the company's success.

Cost: Because it is costly to attract and acquire personnel, the cost-benefit ratio must be addressed when
employing employees in order to avoid unwarranted waste of money and valuable resources. When you
factor in search costs, interviewing time, reference checks, and travel and moving charges, the overall cost of
hiring a manager might easily be ten times more.

Selection Requirements and Essentials:

 Choosing people who have the necessary qualifications.

 Aligning job requirements with candidates' profiles.

Reference
Reception
Checks

Medical Screening
Examination Interview

Selection Application
Interview Blank

Selection
Tests

 Employing a variety of methods and procedures to identify the most qualified candidate for the job.

The Process of Selection:

The distinction between recruitment and selection:

Recruitment is the process of identifying and encouraging potential employees to apply for a position,
whereas selection is the process of picking the best candidate from a pool of candidates.

Provisions for equal opportunity for employees by the Gov. of India:

There are various rights given to the employess as shown in the image below. We will be specifically looking
at the provisions made to ensure the equality which is basically written in Article 16 of Indian Constitution.

Article 16: Equality of opportunity in matters of public employment.

Instead of just reading what is written there in constitutuon we will be trying to interpret what does each
line mean and how that is applicable in interest of employees.
Article 16(1):

It only ensures equality in government jobs that fall within the jurisdiction of the state, such as UPSC, SSC,
bank recruitment, state PCS, and so on.

Article 12 specifies who falls under the jurisdiction of the state. A citizen cannot rely on a private entity to
provide equality. Yes, it is very helpful for the country if a private corporation supports equality because it is
its moral duty. If they do not cooperate, the individual is unable to assert his or her fundamental right
against them.

Only citizens will be considered for appointments and jobs; no foreigners or refugees will be considered. As a
result, across much of the country, employment opportunities for refugees are limited.

Article 16(2):

In order to avoid discrimination, two

more bases of origin and residency have
been included in Article 16 than in
Article 15. Language, physical, and
intellectual capacity, on the other hand,
have not been mentioned, which
could lead to prejudice on these
grounds.

For example, police and army recruits are chosen based on their physical abilities. In this instance,
handicapped people do not have equal possibilities.

Note that while an HIV AIDS patient cannot be denied employment in the government, if he has an
infectious disease (such as corona), he can be kept out of work until he is healthy.

Article 16(3):

As we showed in article 16(2), the state cannot discriminate based on residence. Article 16(3), on the other
hand, was created as an exception. This section of the article is written as an exception, giving the
Parliament power. If parliament so desires, they can legislate it so that only inhabitants of that state and UT
are entitled to work in the public sector.
To put it another way, if you want to work for the Punjab government, you'll need a Punjab Domicile
Certificate. This does not imply that you must be born in Punjab; you can obtain a domicile certificate after
only a few years of residence there (As per state law).

Article 16(4):

This article discusses discrimination in the hiring and promotion of government employees. Which ensures
that individuals who are socially and economically disadvantaged are treated equally.

Scheduled Castes(SC), Scheduled Castes(ST), and Other Backward Communities are included under the term
"any backward class of citizens" (OBC).

However, in Article 16(4), the Supreme Court has imposed some restrictions.

 The maximum number of reservations will be limited to 50%. (quantitative limit)

 Creamy layer theory (qualitative exclusion)
 Backwardness and insufficiency of representation, inherent abilities' location, and the need to apply
them (backwardness and under-representation in the job)
 The requirement for total administrative efficiency, as defined by Article 335. (When selecting
reserve candidates, don't skimp on ability.)

Article 16(5):

This section allows religious or community institutions to appoint to any religious or sect-related position. In
other words, the priests in the temple can only be Hindus, and the Maulana in Majid can only be Muslims,
thus followers of that religion are exempted from setting laws or reservations.

The state cannot compel the backward community to hold such religious positions. However, you will find
occasional examples of Muslims in temples and Hindus in Majid being appointed to the highest positions,
which is the beauty of our India.

Article 16(5) is an exception that pits Article 26's "freedom to administer religious affairs" against Article 16's
"equality of opportunity in the field of public employment." Article 16 (Article 26> Article 16)

Article 16(6):

The reservation was granted to the community that had been subjected to oppression, exploitation, and
prejudice. They remain socially and educationally backward as a result of these factors. But, despite having
gone through all of this, there are certain families among the highly valued castes whose economic situation
is dire and who require government assistance.

People from economically backward upper castes are entitled to a 10% reservation under Article 16(6) of the
Constitution. Parliament has created a model legislation in this reservation, and the states are free to change
their minds. This act establishes criteria for the economically disadvantaged (EWS).

Provisions to maintain Inclusion and Diversity in employees by the Gov. of India:

India is a melting pot of ethnicities. For Indianism to work, various individuals must be included in whatever
we do as a country. Indian law has recently proven to be a powerful enabler and incentive in assisting firms
in creating a diverse and inclusive workplace.

In its preamble, India's constitution cultivated the image of an inclusive society. Articles 14 (Equality before
the law), 15 (Prohibition of discrimination on the basis of religion, race, caste, gender, or place of birth), 16
(Equal opportunity to all), 19 (Protection of certain rights regarding freedom of speech, etc. ), and 21
(Protection of life and personal liberty) of the Indian constitution solidify the concept of diversity and
inclusion as a fundamental need for nation-building based on human values and mutual respect.

Some recent legislative changes, such as enactment/s, amendment/s, and court pronouncement/s, have
added a new dimension
to India's diversity and
inclusion

environment. It is critical to discuss these latest additions, which have increased the importance of creating a
diverse and inclusive workplace.

1. The Maternity Benefit (Amendment) Act, 2017:

On March 27, 2017, President of India assented to an amendment to the Maternity Benefit Act, 1961
("Amendment"). The length of paid maternity leave offered to women employees has been expanded from
12 (twelve) weeks to 26 (twenty-six) weeks as a result of this amendment. It also allows the adoptive and
commissioning mothers to take maternity leave. This obviously reflects the government's maturity in
enacting enabling legislation to give actual meaning to motherhood. This Amendment has also raised the
possibility of allowing women employees to work from home while they are pregnant.

Employers must also provide a creche facility under the amendment. As a result, this Amendment would
assist companies in maintaining workplace gender diversity. The child is a woman's principal obligation
throughout motherhood, and this Amendment encourages mothers to balance work with their primary
responsibility.
 2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

This regulation (also known as the "POSH Law") mandates that businesses create a workplace free of sexual
harassment and discrimination. The POSH Law focuses on proactively fostering a safe workplace for women
employees, as well as providing remedies in the event of any unfavourable employment experiences. In
India, women are sometimes discouraged from working because they are afraid of being harassed at work,
and the POSH Law serves as a strong deterrent. It would undoubtedly assist employers in achieving gender
diversity at work and providing a welcoming and safe environment for all women.

3. The Rights of Persons with Disabilities Act, 2016 (“PWD Law”):

The PWD Law replaces the 1995 Persons with Disabilities Act and is founded on the idea of ensuring that
people with disabilities (PWD) have the same right to equality, dignity, and respect for their personal
integrity as everyone else. This applies to both governmental and private sector employers. The most
distinctive element of the PWD Law is that it includes private sector businesses and requires them to
establish a "fair employment opportunity policy" for people with disabilities. Employers in the private sector
are required by law to provide for and publicise such positions/roles where PWDs are employed.

It also requires employers to make reasonable accommodations for PWD team members at work,
guaranteeing an enabling and harassment-free employment environment. PWD legislation is clearly levelling
the playing field for PWD candidates and encouraging employers to be more inclusive in their hiring
practises. The government has proposed certain incentive schemes in the form of subsidies on social security
contributions to increase the employability of disadvantaged groups in the private sector. There is a
reasonable expectation on the part of the state government to develop an incentive plan for private sector
firms who employ the required percentage of PWDs. For any organisation, having a diverse workforce has its
own set of benefits, and the PWD law is a true game changer.

4. The Supreme Court of India on Lesbian, gay, bisexual, transgender and intersex (LGBTI):

In the case of Navtej Singh Johar & Ors. Vs. Union of India, the Supreme Court recently ruled that Section
377 of the Indian Penal Code violated the rights of lesbians and gays under the Constitution's articles 14
(Equality before the law), 15 (Prohibition of discrimination on the basis of religion, race, caste, sex, or place
of birth), 19 (Protection of certain rights regarding freedom of speech, etc. ), and 21 It is the first time in
India that homosexuality is recognised as a natural act, giving the LGBTI community in India long overdue
genuine recognition. This decision encourages firms to be transparent about LGBTI inclusion in the
workplace and to assist employers in creating a platform for diverse groups to engage and collaborate.

In 2014, the Supreme Court declared transgender people to be "third gender," and the government was
ordered to recognise them as a socially and economically backward class (National Legal Services Authority
vs. Union of India & ors.).

5. The Apprentices Act:

The Apprentices Act mandates that employers engage with a certain number of apprentices, trainees, and
interns (at least 2.5 percent of total workforce) throughout the year, and this certainly aids employers in
bringing people of various ages together to create an environment that is full of energy and enthusiasm.
To sum up, India has made significant progress in creating an inclusive society and, as a result, an inclusive
workforce. Today, every company must value diversity and inclusion in order to establish a team of diverse,
active, and unconventional thinkers.

Conclusion:
In today's globe, there is a wide range of people from various racial and religious origins. Equal
representation of everybody in the employment market is required by some established norms. The caste
system has existed in India since the colonial period, and it has provided incentives for discrimination against
the country's minorities. Indians were split into castes under the system, with only the top castes having
access to public sector jobs.

The Indian government, on the other hand, has begun to redress the social injustices that minorities have
suffered as a result of this backward system. The government's efforts have gone a long way toward
resolving the issue of job diversity, and statistics show that the number of minorities in the public sector has
risen dramatically. In order to solve the problem, the Indian government has implemented affirmative action
and equal employment chances.