I am currently working on Employee Policy for 2 NGO's & exploring the Statuary requirements for NGO's in Maharashtra as per Labour Laws or any other Acts of the State Government. In one NGO the number of employees is less than 30 but in other NGO it is more than 100. I would also be interested in knowing if there are any stipulations regarding minimum wages, leave, gratuity, provident fund, insurance or any other employee benefit that is mandatory.
From India, New Delhi
From India, New Delhi
Please advice the Head of the NGOs to also implement the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and Gazetted on 9.12.2013.
Every Employer in India is Law-bound to comply with the said Act of 2013. Duties of Employers are Listed in Section-19 of the said Act of 2013.
Action-Taken Reports have to be Filed by the Employer (Board of Directors) under Companies Act before the ROC.
The Presiding Officer of Every Internal Committee has to File Mandatory Annual Report before the District Officer for calendar years 2013 onwards under Section-21 of the said Act 2013.
Proper and faithful Implementation /Compliance includes, inter alia,:
1. Forming/Constituting Internal Committee with Minimum Four (4) Members- 3 from amongst the Employees
and the Fourth Member shall be Non-Employee Outsider/ Third Party as prescribed under Section-4 of the Act;
2. Organizing i) Orientation Programs for IC Members to apprise them of their 25 Legal Duties and
ii) Capacity & Skills Building Programs for the IC Members so that they can Learn to Discharge their
Legally entrusted Duties, properly and faithfully, in Letter and Spirit of the Law
For instance How to hold IC Proceedings in accordance with the Principles of Natural Justice;
How to Write Inquiry Reports with "Definite and Conclusive Findings" as the said "Findings" are treated as "Final" and "Binding";
How to conduct the Conciliation Proceedings at the behest of the Aggrieved Woman Complainant;
How to Determine "Compensation" claimed by the Complainant to be recovered from the Respondent (Harasser); or
How to determine the "Penalties" from the Salary /wages of the Respondent (Harasser)
Also, apprise them that SHe Box- Online Portal for Registering/Lodging Sexual Harassment Complaints has been Launched in Nov 2017 by the Ministry of Women & Child Development for the Aggrieved Woman Complainant.
Kritarth Team of Spl Educators provide all Assistance & Guidance in Implementing PoSH ACT 2013.
Team Kritarth,
20.7.2018
From India, Delhi
6Every Employer in India is Law-bound to comply with the said Act of 2013. Duties of Employers are Listed in Section-19 of the said Act of 2013.
Action-Taken Reports have to be Filed by the Employer (Board of Directors) under Companies Act before the ROC.
The Presiding Officer of Every Internal Committee has to File Mandatory Annual Report before the District Officer for calendar years 2013 onwards under Section-21 of the said Act 2013.
Proper and faithful Implementation /Compliance includes, inter alia,:
1. Forming/Constituting Internal Committee with Minimum Four (4) Members- 3 from amongst the Employees
and the Fourth Member shall be Non-Employee Outsider/ Third Party as prescribed under Section-4 of the Act;
2. Organizing i) Orientation Programs for IC Members to apprise them of their 25 Legal Duties and
ii) Capacity & Skills Building Programs for the IC Members so that they can Learn to Discharge their
Legally entrusted Duties, properly and faithfully, in Letter and Spirit of the Law
For instance How to hold IC Proceedings in accordance with the Principles of Natural Justice;
How to Write Inquiry Reports with "Definite and Conclusive Findings" as the said "Findings" are treated as "Final" and "Binding";
How to conduct the Conciliation Proceedings at the behest of the Aggrieved Woman Complainant;
How to Determine "Compensation" claimed by the Complainant to be recovered from the Respondent (Harasser); or
How to determine the "Penalties" from the Salary /wages of the Respondent (Harasser)
Also, apprise them that SHe Box- Online Portal for Registering/Lodging Sexual Harassment Complaints has been Launched in Nov 2017 by the Ministry of Women & Child Development for the Aggrieved Woman Complainant.
Kritarth Team of Spl Educators provide all Assistance & Guidance in Implementing PoSH ACT 2013.
Team Kritarth,
20.7.2018
From India, Delhi
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E compliance.pdf
Statutory Compliance of a Industrial or Commercial Unit.xls