#MeToo? Better Late than Never!

The topic was “Sexual Harassment & Consent”.
The recent happenings made it more feminine. Hence the female lot majored the show. But there were a few men who considered it as Unisex. Hats off to you MEN.
Now, what’s sexual harassment? To give more clarity, we were given an activity.
Need to close our eyes & think of the happiest moment (sexual in nature) in one’s life. Now find a buddy seated next to you & share that experience. I had a glance at my peers & could see serious discussions with a psychotic smile on their faces. My buddy was my good friend Ms. Sreelekha of Amphenol FCI. We were chatting instead. Now you need to share how you felt while sharing that beautiful experience.
Then on one corner, a male participant complained, “I discussed everything with him but he never shared anything with me.” Hearing that all had face aches.
NIPM Infopark Group and NASSCOM POSH Session 2018
Click to view in larger size
We got the real feel when they mentioned, “if you find it difficult in sharing your beautiful sexual experiences, how hard it will be to share your sexual experiences that haunt you.”
Even though this is a familiar term, we could feel the pain then on. Monolita & Saj gave an amazing start continued by Shyama explaining the legal side of it.
NIPM Infopark Group and NASSCOM POSH Session 2018
To cut the story short….major focus was given to sexual harassment at the workplace & the importance of having POSH policies, legislation & redress process pertaining to POSH. It was a really good learning experience. Moreover, simple acts we need to follow were given due attention in the session.
NIPM Infopark Group and NASSCOM POSH Session 2018
Packed with activities, sharing, fun & awareness, it was a 100% interactive session for which the speakers had to borrow some more time from the organizers to solve the participants’ queries.
Great job, ROV & thanks much to NASSCOM & NIPM Infopark group for the wonderful show.
NIPM Infopark Group and NASSCOM POSH Session 2018
The above article was written by Kshama Sandeep, Director-Recruitment, Glowmind Recruitment Consultants, who was an attendee in the POSH workshop organised by NIPM Infopark Group and NASSCOM Kochi. The accounts are on personal capacity.

Ordinance to make functioning easier: Kerala Shops and Commercial Establishments (Amendment) Ordinance, 2018

Kerala government recently published an ordinance amending certain provisions in the Kerala Shops and Commercial Establishments Act, 1960. There have been multiple amendment acts to the original said act, but this ordinance (which will hopefully be adopted as an amendment act by the next sitting of Kerala Legislative Assembly) comes with a purpose of easing […]

Kerala government recently published an ordinance amending certain provisions in the Kerala Shops and Commercial Establishments Act, 1960. There have been multiple amendment acts to the original said act, but this ordinance (which will hopefully be adopted as an amendment act by the next sitting of Kerala Legislative Assembly) comes with a purpose of easing the operations of Shops and Establishments while making it safer and humane for the employees. Let’s look at what are changing.

Definition of employee

The original act defines employee as ‘a person wholly or principally employed in, and in connection with, any establishment and includes an apprentices’. The new amendment extends this definition by suffixing ‘any class of persons as the Government may, by notification in the gazette, declare to be an employee for the purpose of this act.

Round the week functioning

The old act demanded that the shop/establishment should remain closed for at least one day per week, and such a day should be permanently displayed as a notice by the employer at a conspicuous location at the work place. Such a closed-day could not be altered by the employer for more than once in a period of three months, too.

With the amendment, the ‘shop/establishment must be closed for a day per week’ is removed, and it shrinks to allowing every employee to be entitled to one full day holiday per week, provided s/he has worked for at least 6 days in that week including all authorised leaves. This, in turn, allows the employer to function the shop/establishment round the week, with making the weekly holidays of employees rotate.

Curfew relaxed for women employees

The original acts mandated that no woman or any person who has not attained the age of seventeen shall be required or allowed to work whether as an employee or otherwise in any establishment before 6 A. M. or after 7 P. M.

The amendment relaxes the time limit from 7 PM to 9 PM. Here comes the historic change: the employer can now employ women employees between 9 PM and 6 AM (which was prohibited earlier) after getting the consent of such women employees. Further, such women employees must be working in a group of at least 5 employees wherein at least 2 are women.

Further, adequate security measures to ensure safety, honour, dignity, and protection from Sexual Harassment of women employees working during these hours should be ensured by the employer. Moreover, transportation from the workplace to the residence of such women employees should be arranged for by the employer (though the amendment does not provide that a security personnel accompany the women employees during this travel, it is implicit since the act talks about ‘safety’ measures—hence it would be wise to have the security measures as well taken care of during this travel).

Kerala’s IT Policy, earlier, gave relaxations to the above effects, but the amendment now extends this to all the sections of Shops and Establishments.

Scroll down to the bottom of this page for full version of the ordinanceHumane changes

Humane treatments

There have been a lot of protests, especially from the textiles industry, regarding inhumane treatments by employers, where employees were not allowed to sit during work hours. Kerala Human Rights Commission had intervened in the issue long ago, and Kerala Government sympathised with the employees thus treated. With an insertion of a provision in the original act, 21B, the amendment officially and legally puts an end to such inhumane treatments

The amendment says that all the shops/establishments must provide suitable seating arrangements for their workers to avoid on-the-toe situations throughout the duty time. This will call for a drastic change in many of the industries coming under the definition of Shops/Commercial Establishments.

Fines gets finer!

The violation of various provisions in the act may now attract a fine of Rs. 1 lakh and 2 lakh respectively, which was as mere as Rs. 5000/- and Rs. 10000/- earlier. There are some changes to the calculation of such fine and fine for wilful obstruction of inspectors/labour/govt officers from carrying out their official duties, which are available in the PDF below.

Last but not the least – electronic age!

Earlier, employers needed to take special permission from the labour authorities before keeping employee data (muster rolls, payrolls, etc.) in digital format. This has been a point of debate by many, and the government is now forced to accept that things have really changed and people have started to migrate to the digital world, the condition of prior approval has been lifted in the amendment. Employers can now keep the data in digital formats as well, without any sort of permission/approvals.

Let me know your thoughts in comments! Here is the Amendment Ordinance. You can find the original act here.

 

Regards,
Arunanand T A

Originally posted on Arunanand’s blog: PeopleFirst

Content retrieved from: https://peoplefirst.in/ordinance-to-make-operations-easier-kerala-shops-and-commercial-establishments-amendment-ordinance-2018/.

Welcome to NIPM Kerala

The Kerala Chapter of NIPM, with more than 1200 Individual Members and 47 Institutional Members on rolls is one of the most vibrant Chapters of the www.nipm.in – NIPM Kerala Chapter has been regularly organising Workshops & Learning Programs as part of its core objectives towards enhancing capabilities of the HR fraternity.

Following are some of the popular activities:

  1. HR Con Kerala – a biennial HR Conclave 
  2. Annual Legal Update – Flagship annual workshop providing relevant employment law related updates.
  3. Chapter Level Business Quiz for Management students
  4. HRM Skills Workshops for practicing professionals – HR & Non HR
  5. Labour Law skills workshops for practicing professionals – HR & Non HR
  6. Enhanced Employability Certification programs for job seekers and for final year Students at various B-Schools – on periodic as well as upon request by institutes.
  7. Young Managers’ Contest on “Innovative Employee Engagement Practices” for Practicing HR professionals etc.
  8. Quarterly Magazine – Kerala Personnel to share knowledge snippets relevant to members.
  9. Annual gathering of members and family – which occurs after the Annual General meeting.

The chapter had initiated blogging some time back and the Old blog posts can be found on www.nipmkerala.wordpress.com.

The chapter is glad to present this platform to promote unique thoughts and approaches from HR practitioners and business professionals.

Professionals desiring to be featured on this blog may send in their requests via EC members to kc@nipmkerala.org

The chapter can be reached on the internet from the following Social channels:

Facebook – https://www.facebook.com/nipmkerala/ 

Twitter – https://twitter.com/nipmkerala 

Linkedin – https://www.linkedin.com/company/nipmkeralachapter/

Instagram – https://www.instagram.com/nipmkerala

Website – www.nipmkerala.org