The compliance and labour law scenario in India is as vast as it is complex. A multitude of laws and Acts govern the functioning of companies in the country, and labour laws in India look to protect businesses and employees equally.
It is difficult to grapple with the enormity of labour laws in India, since there are variants in Central Acts and rules and numerous state Acts and rules that cover different functions and nuances of HR and company laws. While attempting to cater to all establishments equally, the resultant has been a compendium of what can be termed the most exhaustively covered scope of labour laws and guidelines for its practice.
Since the playing field of establishments is so large, labour laws are designed to be able to be as customised as possible. It is common to notice a marked difference between labour laws for large public enterprises and labour laws in India for private companies. In the structure of minimum wages, the computation of bonuses and other emoluments, and even in the definition of workers among different sectors, it is common to notice differences, especially when concerning labour laws in India for IT companies.
The key to being able to comply with Indian labour laws does not really lie in knowing of the laws, but in being able to understand and interpret them. There is often much to be inferred in what is directed and what is intended, and it takes someone with experience and expertise to be able to make business sense of it for a corporate. The extent and implication for companies sometimes varies with the scope and nature of business. Adding in a new dimension of greater challenge is the dynamic nature of labour laws, which have seen a consistent upgradation and change in recent times.
The reality of the HR compliance arena in India is that it is idealistic and noble in intent. However, the persistent issue of its applicability has not left it. It is important for companies to engage with a consultant who can really understand the working and premise of the business, and suggest the best course of compliance unique to them. It is only when companies understand the dynamics of their business and find ways to arrive at the right compliance solutions would it become possible for them to be consistent with the various labour laws in India.