...Assignment December 16, 2012 CORPORATE COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor sets-up a business in India, whether a liaison office, project office, branch or company, that...
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...Garment Factory Compliance • Home • About • Top of Form [pic][pic] Bottom of Form [pic]Indian Textile Industry and Garment Exports November 28, 2012 Disha Leave a comment The Indian textile industry is one of the largest industries in the world, with a huge raw material and textile manufacturing base. The industry occupies a unique position as a self-reliant industry, from the production of raw materials to the delivery of finished products. This large and ancient industry has carved out a special niche for itself as a facilitator of the county’s economic growth and participative development. Textile industry in India is a highly versatile sector, with smaller firms providing flexibility needed for smaller orders; the larger firms have the capacity to service the world’s biggest buyers. The Government of India has also undertaken several favourable policy initiatives, which have resulted in the growth of the sector. “Indian textile industry contributes about 14 per cent to industrial production, 4 per cent to the country’s gross domestic product (GDP) and 16.63 per cent to export earnings,” as per Ministry of Commerce and Trade, India. Major destination for Indian garment exports The USA is the number one destination for the exports of Indian apparels. During 2011, the garment imports to the USA from world were around US$ 81.51 billion. India exports garments of worth US$ 3.53 billion to the USA, which accounts for 4.33 per cent share in the USA’s total...
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...Training on Bangladesh Labor Law Application Course on Bangladesh Labor Law [ACBLL] Date: November 07-December 13, 2014 Day: Friday & Saturday of Every week Time: 6.00 pm to 9.00 pm Registration deadline: November 03, 2014 Venue: WINGS Centre, Dhanmondi, Dhaka. OUR UNIQUENESS Role Play & Activities Whole training will be conducted based on Role Play, Case Study, Self activity, hands on exercise, experiential learning, group work etc. Professional Panel There will be some panel discussion session along with renowned Labor Law practitioners in the country for achieving updated knowledge on different aspects of Labor Law. TRAINING OVERVIEW Outcome of the Program: After successful completion of the program, the participants will be able to do all operational activities of HR as well as will know the practical HR practices in context of Bangladesh. Understand the changes in amendment law 2013 Use the practical knowledge to implement different sections of labor law To conduct Factory Audit in line with BLL 2006 [amendment 2013] To prepare Factory for any kind of Social Audit in line with BLL 2006 [amendment 2013] To handle employee relations, grievances, disciplinary issues, accurate settlement under the guidance of BLL 2006 [amendment 2013] Make Trade Union & deal with CBA Understand WPPF calculation, entitlement, distribution & investment Target Participants HR Professionals Compliance Professionals Potential...
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...387 From supply chains to value chains: A spotlight on CSR Malika Bhandarkar and Tarcisio Alvarez-Rivero* 1. Introduction Corporate social responsibility (CSR)1 has become a hot topic in boardrooms across the world. Changes in corporate value systems are being driven by pressures from different actors, including governments, consumers, non-governmental organizations (NGOs) and institutional investors (diagram 1). Multinational corporations (MNCs) have operations spread across the globe, relying on both foreign affiliates and arm’s-length suppliers arrayed along global supply chains, many of which encompass developing countries. What then does the growing CSR movement mean for developing country producers? The chapter addresses this question. Diagram 1 Institutional Investor Tier I Tier II Tie r III NonGovernmental Organization Multinational Corporation Supply Chain, consisting of: Consumer Government CSR has relevance to many facets of a corporation’s operations. Strong CSR policies can help to recruit the right people for the job, keep attrition rates low by promoting a “feel good” quotient, improve corporate image, prepare for future regulation, empower “soft” laws (Vogel, 2005, p.162), appease green customers, and convince institutional investors that the corporation is following sustainable practices that positively impact the bottom line. * Policy Integration and Analysis Branch, Division for Sustainable Development, UNDESA...
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...Nike Dilemma: Still waiting for them to "do it"! Another corporate giant having its fare share of controversies over the years is Nike. Nike employs approximately 26,000 people worldwide. In addition, approximately 650,000 workers are employed in Nike contracted factories around the globe. More than 75% of these work in Asia, predominantly in China, Thailand, Indonesia, Vietnam, Korea and Malaysia (Nike 2006). In 1998 Nike came under fire for the sweatshop conditions of the workers in the Nike factories in China and other third world countries. The evidence showed that the workers were regularly subject to physical punishment and sexual abuse and exposed to dangerous chemicals. (Nike Accused of Lying About Asian Factories 1998). Sub standard working facilities, bare minimum wages and risks to health of labourers mark NIKE factories in Asia. The firm was also accused of practicing child labour in Pakistan. So the question now is, why did it happen, and more importantly, has anything been done since to correct it. So why did it happen? Well that is quite clear. The reason why most firms outsource their activities to lesser developed countries is to exploit cheaper labour and production costs. Nike has a brand reputation worldwide, and in-fact is a market leader in the sales of athletic shoes. The constant focus is to formulate ways and strategies to reduce production costs, and one way of that is fewer wages to the workers. The high unemployment levels in the third world countries...
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...Rights, Responsibilities and Regulation of International Business Sol Picciotto* This essay discusses the paradox of the emergence of corporate codes of conduct in the 1990s, following pressures from consumer and labor activism, in a period of more general liberalization of international investment leading to deregulation. It suggests that the advantages of flexibility and adaptability to specific circumstances offered by such codes are counterbalanced by their self-selected content and inadequate enforcement. Rejecting the assumption that there is a sharp distinction between voluntary standards and binding law, the essay analyzes various ways of grounding codes in legal obligations. It proposes that a safer and more dependable environment for international investment could be provided by a framework agreement, which would link binding standards for corporate social responsibility in key areas, such as combating bribery and cooperation in tax enforcement, with traditional investor rights based on investor protection and liberalization rules. I. Introduction Over the past decade, there has been an intriguing dual movement in the development of the forms of regulation of business in the global economy. Since the 1980s the dominant trend has been liberalization, i.e., the relaxation or removal of national controls on international capital movements. It seemed to many that business firms and investors were close to attaining the goal of a world market...
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...Essay based on the issue of sweatshop labour conditions in the global supply factory system. It is no secret that millions, if not billions of people around the world suffer dangerous and abusive work conditions in the global supply factory system. Since the emergence of the global economy, multi national corporations have been able to reap in large profits while keeping their prices low for consumers, in part, by taking advantage of cheap outsourced labour. The dark side of the global market is the severe exploitation of sweatshop labour conditions such as, child labour, poor health and safety standards, indentured servitude, sexual harassment and abuse, excessive overtime and under compensation. National and International labour standards do exist, the problem is that many countries where global supplier factories are located are either unable or unwilling to enforce labour laws for one reason or another. Thus, because governments in certain countries around the world do not enforce decent labour standards, multi nationals have been able to take advantage of cheap labour without many repercussions. Corporate citizenship or social responsibility has become a very important business practice for many companies. Civil society groups and consumers are now becoming much more adamant on the issue of corporate social responsibility and global fair labour. Multi national corporations, in the past, have been focused only on one objective, profit. With the increased pressure from...
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...CODES OF CONDUCT AND CSR of H&M, BMW Corporate Social Responsibility - has become very important in recent years today more and more customers, employees, and the general public are demanding information about whether companies are meeting acceptable standards. ! Essential for the success of a company to act in compliance with the law. economic globalization brought high complexity of legal regulations increase the risk of laws being broken. potential damage to reputation Publicity spreads fast through communication channels. (Internet! Out of control) - by being corporate responsible a company can gain a high competitive advantage: - externally through company’s clean and good reputation - internally through employee engagement •Integration of sustainability throughout the entire value chain creating an added value for the company, the environment and society definition from the European Commission states CSR as a “concept whereby companies integrate social and environmental concerns in their business operations and in their interactions with their Stakeholders on a voluntary basis.” 6 multinational companies, by doing our research we saw that codes of conduct are really similar in all of them H&M •“CONSCIOUS” – principles Provide fashion for conscious customers - Offering conscious collections that combine fashion and sustainability Choose and reward responsible partners - Teaming up with NGOs - Promoting better working conditions: training of over 400...
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.......................................... 1 Vision and Mission and definition of Corporate Governance ............................ 2 Introduction..................................................................................................... 3 ICSI Map ......................................................................................................... 4 Objectives and Functions ................................................................................. 5 Council and its Committees and Organisation Structure of the ICSI .................. 6 Role of Company Secretary.............................................................................. 7 Career Path.....................................................................................................11 ICSI at your Desktop.......................................................................................13 10. Company Secretary Management Information Center ...................................14 11. Professional Development and Continuing Education .....................................16 12. Publications ....................................................................................................18 13. Memorandum of Understanding (MOU) .........................................................19 14. ICSI's Major Initiatives in Corporate Governance ............................................ 21 15. Centre for Corporate Governance ................................................................. 22...
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...WHITEPAPER ON GLOBAL WORKFORCE COMPLIANCE. -Under the guidance of Faculty -Dr.Prof.Savita G.R (Asst.Prof.HR -Prin Welingkar Institute Of Management and Research, Bangalore) By: Ankita Shrivastava Student Of E-business We School,bangalore WHITEPAPER ON GLOBAL WORKFORCE COMPLIANCE- EXECUTIVE SUMMARY: Organizations are expanding at a great pace today. Mergers and Acquisitions have also increased many folds. With this there is the need for organizations to maintain a checklist of statutory, legal, business and domain specific compliances. Statutory compliances mainly includes compliance to minimum wages, ESI Act, PF Act, Apprentices Act, Contract labour Regulation and Abolition act, Industrial disputes Act, Payment of gratuity act, Equal Remuneration Act, Employee State remuneration act etc. At the organizational level, domain based compliances are also important. With organizations looking into more of mergers and acquisitions, the role of human resources is very vital to manage the cultural and language barriers. With this the objective of this paper is to throw light on various compliances to be ensured at the statutory level, role based and domain based level. OUTCOME: The outcome of this project is a recommended framework for Global HR Compliance with respect to legal, statutory regulations, employee leave management systems, role based compliance , organizational compliance and domain based compliances for any business during global expansions...
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...immigrants, recruitment and management of individuals gained vitality. Managers were higher than the employees. This system created a gap between the labour force and the management. Social welfare approached in the early HRM helped the immigrants to get adjusted to their jobs and to 'American' way of life. The programs was assigned to ensured an increase in productivity. In the 1790s, employees empower considerably and increased at a quick pace .In the 1800s and 1900s the advent of Labour Union led HR department more capable in politics and diplomacy. HR department has management, labour unions, and Frederick W. Taylor's (1856-1915) theory of 'Scientific Management'. In 1902, National Cash Register was formed to handle employee grievances, record keeping, wage management and other employee-related functions. In 1913, the US Department of Labour promoted the welfare of employees. In 1920s and 30s, the impact of the Hawthorne studies enhanced the physical work conditions for employees changes from workers' efficiency to efficiency through work satisfaction. In 1938, the Fair Labour Standards Act provided security and helped increased the standard of the employees. Since then, the welfare of workers have more new and efficient laws. Therefore, human relations became a prominent feature of organizational behaviour. The National Labour...
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...Chapter 2 Corporate Social Responsibility, Corporate Governance and Corporate Regulation 2.1 Introduction CSR is increasingly an essential issue for companies.1 It is a complex and multidimensional organisational phenomenon that is understood as the scope for which, and the ways in which, an organisation is consciously responsible for its actions and non-actions and their impact on its stakeholders. It represents not just a change to the commercial setting in which individual companies operates, but also a pragmatic response of a company to its consumers and society.2 It is increasingly being understood as a means by which companies may endeavour to achieve a balance between their efforts to generate profits and the societies that they impact in these efforts.3 This chapter discusses these issues. First, it describes CSR and its core principles. Second, it describes CG and narrates CG’s convergence with CSR. Third, it highlights how different economies are incorporating CSR notions in their corporate regulation. 1 Jeremy Moon and David Vogel, ‘Corporate Social Responsibility, Government, and Civil Society’ in Andrew Crane et al. (eds), Oxford Handbook of Corporate Social Responsibility (2008) 303; David Vogel, The Market for Virtue: The Potential and Limits of Corporate Social Responsibility (2005); Nada K Kakabadse, Cecile Rozuel and Linda Lee-Davies, ‘Corporate Social Responsibility and Stakeholder Approach: A Conceptual Review’ (2005) 1(4) International ...
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...OPERATIONS Role of operations management Strategic role of operations Operations management is an essential key business function that overlaps with the other business functions such as marketing, finance and human resources management. Strategic means ‘affecting all key business areas’; that is, the strategic role of operations management involves operations managers contributing to the strategic plan of the business. Some of the different costs in the operations function include; input costs, labour costs, processing costs, inventory costs and quality management costs. Cost leadership involves aiming to have the lowest costs or to be the most price-competitive in the market. A key aspect to cost leadership is that although trading with the lowest cost, the overall business should still be profitable. One aspect of cost leadership arises from a business creating economies of scale. Economies of scale refers to cost advantages that can be created as a result of an increase in scale of business operations. Typically the cost savings come from being able to purchase lower cost per unit and from efficiencies created through improved use of technology and machinery. Goods/services differentiation is a key strategy applied by operations managers. Product differentiation means distinguishing products in some way from its competitors. Ways a product could be differentiated include: varying the actual product features, varying product quality, varying any improved features, varying...
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... To make this transmission smooth and attractive for all stakeholders, it’s important that everyone plays by the rules. So, the rules have to be well defined and the interests of all stakeholders adequately protected. Stock markets in India are regulated and monitored by the Securities and Exchange Board of India (SEBI). Its mandate is to work for the betterment of the market and protect investors’ interest. SEBI constantly works towards improving the rules and laws governing the stock markets and this year was no different. It made several changes in areas such as compliance by listed companies, improving the quality and presentation of information for investors at the time of public issues, and making the grievance redressal system more investor friendly. However, the most important change of the year was the passage of The Companies Act, 2013, which will bring in significant changes in the way companies function and is likely to better protect the interest of shareholders. Among other things, the new law provides details for the buyout of the minority shareholders and simplifies the rules for mergers. The most notable idea of the Act is the provision for class action suit. Shareholders and depositors in a company can now hold the management accountable in case of wrongdoing. Shareholders can claim damages from the company and its directors for any unlawful or wrongful act on their part. Further to this, auditors, too, can be held responsible for misleading and improper...
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...field of Commerce, Sociology, Law and Company Secretary. Confident to prove myself as a valuable asset to the company by rendering highly qualified professional services. Good listening, communication and interpersonal skills. QUALIFICATIONS § § § § Associate Company Secretary from ICSI – 2009 (qualified in August 2008) LL.B - 2007 M.A. (Sociology) – 2005 B. Com. (with Computer Application) – 2003 MAJOR ASSIGNMENT HANDLED • • • • • • • • • • • • • • • • Drafting of Petition(s) Affidavit(s), Scheme of Arrangement, Form of Proxy, and other related documents for the Merger/ Amalgamation. Handled all the Secretarial aspects of the Merger Drafting and Vetting Hearing submissions, Post hearing Submissions, Rebuttals and various other documents pertaining to International Arbitration. Extensive research work on foreign laws like New York Law, Austrian Law, North Carolina Laws, Delaware Law pertaining To Merger and Amalgamation, Contract Law, Arbitration Law, Company Law Detail study of Tanzania Company Law, South Africa Company Law and Ghana Company Law Pertaining to opening of Branch office by a Foreign Company. Drafting of Opinion on various issues relating to Managerial Remuneration and filing application thereto. Drafting of Opinion on various issues relating to Provisions of write off of export proceeds under RBI circular and FEMA regulations Passing of resolution by way of postal ballot under section 192A of the Act. Prep. of Corporate Governance Report and Directors...
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