Portrait of Sanyasy! Portrait of an hermit!
Clicked at Chittorgarh Fort, Rajasthan, India.
Sunday, June 30, 2024
Saturday, June 29, 2024
Friday, June 28, 2024
Thursday, June 27, 2024
Safdarjung Tomb
Forgetful of thy tomb thou buildest houses. - Horace
Clicked at Safdarjung Tomb, New Delhi, India.
Wednesday, June 26, 2024
Compounding in labour Codes
Labour laws were enacted to protect the interest of labour, one of the factors of production projected by the father of economics Adam Smith. Throughout the course of Industrial Revolution the litigation mechanism revolves around labor has evolved as molasses grew in January. Reforms in labour laws proceeded with snail speed and length because interest of multiple stakeholders were not interwoven into a simple fabric. Stakeholders like labourer with individual interests, government with constitutional obligations, shareholders with ROI, and trade unions with
Slight changes in the barometer of labor reforms affect the masses hence, it becomes tougher to bring reforms into labour laws. Any slight changes seem to be pro for any of the stakeholders. It require mammoth efforts to bring reform in labour sector. There is and was resistance from various stakeholders when it comes to putting up some reforms in place.
At this juncture, India is about to bring labour reforms in the form of codes. The existing 29 labour laws would be repealed in order to form simplify labour legislature in India. These codes are The Code on Wages 2019, Occupational, Safety, Health and Working Conditions Code 2020, The Industrial Relation Code 2020, The Code on Social Security 2020. I was doing commentary on labour reforms and one of the interesting thing came across the read was the Compounding of offenses.
The compounding of Offences has been well defined in section 320 of CrPC Criminal Procedure Code, 1973. It has simplified the list of compoundable and non-compoundable offenses. In general, Compounding of offenses refers to the process of settling a criminal case by paying a certain amount of money, usually a fraction of the maximum fine prescribed for the offense. The compounding of offenses is often allowed for minor offenses or first-time offenses, and it helps to
In essence, it means:
- Settling a case out of court
- Paying a fine to avoid prosecution
- Compromising on the punishment
- Avoiding a criminal trial
Benefits of compounding offenses
- Reduce the burden on the courts.
- Save time and resources.
- Provide an opportunity for the accused to avoid a criminal record.
- Offer a chance for rehabilitation.
First time in the Indian Labour Legislature, the Compounding of offenses has been inducted in these latest reforms.
In all four Labour Codes, if an offense is punishable with only a fine, or with a fine and another penalty (like compensation or restitution), it may be eligible for compounding. However, if an offense is punishable with imprisonment only, or with imprisonment more than years and a fine more than 30000/- to 2000000/-. second offense within 3 or 5 years are not eligible for compounding.
Section 56 of the Code on Wages, Section 138 of the Code on Social Security, Sections 114 & 167 of the Occupational Safety and Health Code, and Section 89 of the Industrial Relations Code deal with the provisions relating to compounding of offenses.
|
Under
the new Labour Codes |
|
|
Compoundable
Offences |
First Instance: Offences punishable with –
Fine of INR 50,000/- to INR 10,00,000/- |
|
Non-Compoundable Offences |
Second
or Subsequent Offence: Offences punishable with – Fine of INR 3,00,000/- to
INR 20,00,000/- or imprisonment of up to 3 years. |
|
|
Wage Code |
SS Code |
OSH Code |
IR Code |
|
Compounding
Fees/Charges |
A sum
of 50% of the maximum fine provided for such offence, in the prescribed
manner. |
A sum
of 50% of the maximum fine in case offence punishable only with fine and 75%
of the maximum fine in case offence punishable with fine and imprisonment
less than 1 year. |
A sum
of 50% of the maximum fine in case offence punishable only with fine and 75%
of the maximum fine in case offence punishable with fine and imprisonment
less than 1 year. |
A sum
of 50% of the maximum fine in case offence punishable only with fine and 75%
of the maximum fine in case offence punishable with fine and imprisonment
less than 1 year |
Compounding of an offence gives an employer one unique opportunity to rectify non-compliance in the first instance without having to pay hefty penalties as prescribed and the specified offences can be compounded by a notified Gazetted Officer. It is only in the second or subsequent offence the penalty and penal provisions will be applicable. The amount of fines for contraventions has been significantly increased under the different Codes and to rebut this introduction of a high quantum of fines or penulties, the provision of compounding has been introduced. with this hopes employers may treat this contravention as mistakes to rectify not lead to offences.
Faith
Amol Nakve
(Views expressed in this article are personal)
Tuesday, June 25, 2024
Door Protection
Massive Door that protected the kingdom!
Clicked at Chittorgarh Fort, Rajasthan, India.
Monday, June 24, 2024
Air India to unAir India- A Story of Downfall
Murder on the Orient Express investigated the mysterious murder on a running train. The detective investigated the matter and finally concluded that all the people onboarded on the train were murders. It was Agatha Christie's fictional tale of mysterious murder.
The Descent of Air India is another mysterious journey of Air India, India's national air carrier. It investigated the question of who killed Air India. Leadership, trade unions, worst services, HR, government, or what else.
Air India was incorporated as a private owned entity under the leadership of JRD Tata. Then, the airline has been nationalized post independence. The pitfall begins from this point onwards.
It's a beautiful postmortem of descent of Air India. What events lead to India's financial downfall despite being the pioneer airline in the world? How was self-centered leadership causing grave injuries to the airline? What happens when incompetent people work and deteriorate the customer experience? How was the HR team full of sycophants says yes all No thing?
I would call this book as a great business book I ever read. Jitendra Bhargava worked in India for a good amount of time, and eyewitnessd the all the events that caused chronic injury to Air India. It's always good to read from people who had already witnessed the events and narrated them. Recommended to read. And special thanks to Jitendra Bhargava for his effrontery writing.
Faith
Amol Nakve
Ashtavakra Gita
Ashtavakra Gita is the conversation between King Janaka and Sage Ashtavakra on wisdom. A path towards enlightenment. I have completed a course on Ashtavakra Gita curated by Shri Shri Ravishankar ji. Also, that forced me to read book called Janaka and Ashtavakra, A Journey Beyond, written by Ashraf Karayath. Thing book intrigued me a lot, nicely written by a person from different faith. This book will keep you spellbound throughout each and every page. Ashtavakra a young Sage, born with eight deformities by the curse of his own father, attained a enlightenment in his youthfulness. King Janaka of Mithila kingdom had become his disciple in order to achieve enlightenment.
I enjoyed the read as well as course recommending other to follow the journey.
Faith
Amol Nakve
Sunday, June 23, 2024
Saturday, June 22, 2024
Friday, June 21, 2024
EPFO - Eases of doing of business.
Last Saturday, the Employee Provident Fund organization (EPFO) eased the burden of employers by reducing, or I would say rightsizing the rate of penalty, on default of payment of contributions with a retirement fund management body. The contributions made to the employee provident fund (EPF), employee pension scheme (EPS) and employee deposit linked insurance (EDLI) made in a delayed manner by employers would be liable to pay only 1 percent of the contributing amount per month as penal charges for these three schemes.
This translates into 12 percent of the contributions per annum. Previously, a penal charge of 5 percent per annum was levied for less than two months of default, while a charge of 10 percent per annum was imposed for defaults for a period of two to four months.
Later, the penalty was increased to 15 percent per annum for defaults for four to six months and could go as high as 25 percent per annum if the default continued for more than six months. From this, it looks like there is no significant ease for defaulters of less than 4 months. This will reduce penal liability for employers if they default for a longer period. In economic terms, it's another way of incentivizing long-period defaulters. As the very famous Bollywood movie saying goes like ‘ek khoon ki saza faasi, 100 khoon ko sazaa bhi faasi’ i.e. the punishment for one murder is death. The punishment for 100 murders is also death. There would be chances willful defaulters may land up favoring long period defaults. Well, that’s one of a worst-case scenario.
In month of March (24) EPFO warned employers about defaults and penalties as part of their outreach to the mass via Twitter. Penalties for different duration of defaults attract different rates of penalties. In the last three months, things have changed a lot, India is marching towards its dream of becoming a developed country by 2047. Ease of doing business is one of the steps to attain this vision of a developed country. Willful defaulters are not outnumbered, labor and litigation mechanism need to be stronger than before to tackle them with firm hands. I am sure retirement fund management body have some mechanism to deal with them. However, this relaxation in penalties on default cases will provide a window of opportunity to MSME, startups who are facing financial difficulties.
Creating a value for shareholders for sustainable growth may lead to sustainable growth for people working within the corporation. Any sustainable business is creating an ecosystem or value chain to nurture the surroundings. That ecosystem provides ample employment opportunities for young people.
That ecosystem needs to be eased in order to rip out the benefits of its growth. Unreasonable penal provision could lead to everlasting detrimental effects on businesses. Entrepreneurs have to align their current financial resources to fulfill their immediate pressing needs. Sometimes, fluctuations in the business cycle may lead to temporary turbulence. Modern day entrepreneurs need to ring-fence their social security obligations to protect their human potential.
The latest movement by EPFO is not a big step but one of the steps to ease of doing business.
- Amol Nakve
(Views expressed in this article are personal)
Thursday, June 20, 2024
From HR's Corner! Lessons for Leadership.
From HR's Corner!
Lessons for Leadership.
Good read from Times Ascent.
Wednesday, June 19, 2024
Vijaysthambh
The will to conquer is the first condition of victory.- Ferdinand Foch
Symbol of Victory, Vijaysthambh.
Clicked at Chittorgarh Fort, Rajasthan, India.
Tuesday, June 18, 2024
Monday, June 17, 2024
Buddha
“Train your mind to see something good in everything.” - Buddha
Clicked at Ajanta Caves, Maharashtra, India.
Sunday, June 16, 2024
Friday, June 14, 2024
Thursday, June 13, 2024
Wednesday, June 12, 2024
.NEF)
Tuesday, June 11, 2024
Monday, June 10, 2024
Sunday, June 9, 2024
Saturday, June 8, 2024
Friday, June 7, 2024
Amigos and Manali.
Very nice ambiance to witness at this cafe after a long treacherous walk. Aroma around the cafe will provide you tantalizing rest. Best place for spending quality time with your loved one. Aroma and food will engage you with the place permanently, and you will feel like visiting here again and again. May be we leave certain portion of ourself to places where we belong and that attachment forces us to retain our attention. Manali and Mall Road are incomplete without Amigos Cafe.
Keep traveling, keep rediscovering!
Faith
Amol
Thursday, June 6, 2024
Wednesday, June 5, 2024
Tuesday, June 4, 2024
Monday, June 3, 2024
Sunday, June 2, 2024
Saturday, June 1, 2024
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Wherever I am, I always find myself looking out the window, wishing I was somewhere else. - Angelina Jolie Clicked At Manali, HP, Ind...
