Employees: About

An employee is hired by a business or an individual to carry out tasks on their behalf. The entity that hires new employees is referred to as the employer, and it is the employer who manages or oversees the employee's job.

Duties: The duties that an employee is hired to undertake should be done by him personally. A worker may perform their duties either full- or part-time. Between the employer and the employee, there is a written or implicit employment contract. Employees are obligated to adhere to the employer's directions.

Major Issues Faced: Employers & Employees

Issues Faced by Employers

Legal Issues:

• Employers often deal with the issue of employees joining rival companies. No matter what covenants are in the employment agreements, non-compete clauses are invalid when an employee's employment ends since they are considered restraints in commerce under the Indian Contract Act of 1872. Furthermore, the idea of "reasonable restrictions" is not recognized under the Contract Act. Therefore, following the termination of employment, even reasonable non-competition contracts are invalid.
• Currently, many state regulations pertaining to shops and establishments as well as the Factories Act of 1948 set forth requirements for overtime hours and other work-related matters. Employers are faced with a dilemma in this situation since they have little leeway in how they manage their personnel to increase productivity.

Other Common Issues:

• Extensive Labour Rules: India has an extensive amount of labour rules, many of which are difficult to comprehend. These laws cover a variety of topics, notably social security, minimum salaries, and contracts of employment. Maintaining these rules can be difficult and time-consuming.
• Inconvenient in Providing Benefits: A wide range of benefits, including health insurance, retirement initiatives, and leave policies, frequently fall under the purview of employers. It can be challenging to manage these perks' expenses and guarantee compliance.
• More of Gender Inequality: Employers must strive to encourage diversity and inclusion while adhering to legal requirements in order to achieve gender and ethnicity equality in the work environment, which continues to be a struggle.
• Struggle in Retaining Best Employees: For employers, high turnover rates among employees can be expensive. It can be particularly challenging to draw and keep the best employees in businesses that are highly competitive.
• Global Issue: Indian employers now confront increased rivalry on the home and international stages as a consequence of globalization. In order to stay fiercely competitive this calls for the implementation of efficient procedures and development.

Issues Faced by Employees

Legal Issues:

• Employees frequently move into related sectors of the economy that may compete with their former employer. Employees typically receive legal letters from their former employers for purported non-compete clause violations, even though the agreements are unenforceable after employment terminates. As a result, employees must expend resources in these legal battles.
• It is usual for former employers to serve legal notices to former workers alleging violations of confidentiality agreements. Workers should exercise extreme caution, make sure they don't have any private information from their former workplace, and protect that information at all costs. Additionally, the employer should provide any essential confirmations in this respect.

Other Common Issues:

• No Workplace Motivation: Workplace motivation and job satisfaction are influenced by both the emotional and physical environments. For any employee, experiencing physical discomfort or a lack of emotional support can be an enormous challenge at work. 
• Inadequate Management Skills: Simply having a group of highly engaged workers who communicate well at work is insufficient. They have to manage jobs and projects with efficiency and without any obstacles. Disorganization is one issue that many workers deal with.
• Not Properly Trained: Most workplace issues are in danger if your employees are not adequately trained. It is surprisingly simple to attain effective training. Effective real-time upskilling is becoming more and more crucial as collaborative technologies progress and digitalization pick up speed.
• Caste Discrimination: In the Indian employment economy, discrimination on the grounds of caste, religion, and socioeconomic status still continues to exist, which limits opportunities for underprivileged people.

To achieve the goal of creating a more equitable and efficient workplace, businesses and employees need to work together, placing an enormous value on skill development, ethical labour standards, and employee rights. In addition to ensuring a higher standard of living for its employees, India can leverage its sizable workforce for experienced economic growth through the backing of a more transparent and collaborative workforce ecosystem.

How Can Sharks of Law Assist You?

• One-Stop Legal Destination- The objectives of Sharks of Law are to act as the biggest one-stop legal destination for businesses of all kinds and to provide affordable, easily accessible professional and tailored legal services to individuals.
• Repository of Lawyers- The Sharks of Law is designed to provide the top lawyers for your different and unique legal needs in just a click away.
• Highest Legal Qualifications- Sharks of Law is collaborating with some of the brightest and most driven qualified lawyers in the legal and technology fields to develop process-oriented resources that will enable us to provide the finest possible legal solutions.
• Specialized Advice- The lawyers at Sharks of Law are experienced in providing specialized expertise on your areas of requirements.

FAQs

1. How can employers combat harassment and discrimination at work?

It is suggested that employers establish clear policies against discrimination and harassment, provide employee training, and implement an encrypted reporting system to enable staff members to report any incidents. Appropriate disciplinary actions and prompt, impartial inquiries ought to come afterward.

2. What function does encourage employees to serve in keeping talent?

By enhancing job fulfilment and work-life balance, employee benefits including insurance for health, retirement savings, and flexible work schedules are essential in keeping qualified employees on the team.

3. In what ways can companies encourage diverse perspectives and inclusion within their place of employment?

Employers can create a workplace that encourages diversity and supports equal chances for every employee through implementing inclusive recruiting procedures, diversity education, mentorship programs, and a culture of value for differences in practice.

4. What drawbacks do employers and employees have when operating remotely?

It could prove difficult for companies to oversee and maintain productivity with aloof employees. Employee solitude and work-life balance are possible problems.

5. What measures can companies take to close the ability gap as well as help employees adjust to the needs of changing employees?

Employers can work with staff members to identify skill shortages and design customized growth strategies, as well as give opportunities for development, training, and institutional help.