Statutory HR Compliance for Indian Organisations
HR compliance in India extends well beyond payroll and provident fund. Every aspect of the employment relationship — from the moment a candidate receives an offer letter to the day an employee exits the organisation — is governed by statute. Employment contracts must meet specific legal requirements. Workplaces above prescribed headcounts must have certified standing orders. Organisations with ten or more employees must constitute an Internal Complaints Committee under the POSH Act. Records must be maintained in prescribed formats and made available during inspections.
DYSEN LLP manages HR compliance as a structured programme — ensuring every document, policy, and process meets statutory requirements and holds up to scrutiny from labour authorities, courts, and regulators.
Employment Documentation
- Drafting of offer letters and appointment letters compliant with applicable Shops & Establishments Act requirements
- Employment contracts — fixed-term, permanent, and probationary — covering statutory entitlements, termination clauses, and notice periods
- Contract worker engagement agreements and contractor compliance undertakings
- Confidentiality, non-disclosure, and intellectual property assignment agreements
- Employee separation documents — resignations, terminations, retrenchment notices, and full & final settlement letters
- Statutory notices under the Industrial Disputes Act — retrenchment, closure, lay-off
Standing Orders & HR Policies
- Drafting and certification of Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 — mandatory for establishments with 100 or more employees in most states
- Modification of existing standing orders to reflect current business practices and statutory requirements
- HR policy manual development covering leave, attendance, code of conduct, disciplinary procedures, grievance redressal, and dress code
- Prevention of Sexual Harassment (POSH) policy — drafted in compliance with the Sexual Harassment of Women at Workplace Act, 2013
- Maternity benefit policy aligned with the Maternity Benefit (Amendment) Act, 2017
- Equal remuneration policy compliant with the Equal Remuneration Act, 1976
- Whistle-blower and ethics policy development
POSH Compliance
- Constitution of Internal Complaints Committee (ICC) in accordance with Section 4 of the POSH Act — including appointment of external member
- Drafting of POSH policy and displaying it at the workplace as required under the Act
- Filing of annual report with the District Officer as mandated under Section 21
- Conducting employee awareness and sensitisation sessions — mandatory under the Act
- Advising on inquiry procedures, timelines, and findings documentation when complaints are received
- Compliance review to assess whether ICC composition, records, and annual filings are current
Key Legislation We Cover
Employee Record Management
- Maintenance of employee master records in formats prescribed under applicable state and central legislation
- Attendance, leave, and overtime registers maintained in statutory formats
- Nomination forms under the Gratuity Act, EPF Act, and ESI Act — collection, maintenance, and updates
- Service books and employment cards where required under state Shops & Establishments legislation
- Record retention management — ensuring records are preserved for the statutory retention period applicable under each act
- Preparation of employee records for labour department inspections
Common HR Compliance Gaps We Find
During compliance audits, the most frequent HR gaps we encounter are: appointment letters that do not specify statutory entitlements; missing or uncertified standing orders in organisations above the threshold; no ICC constitution despite the POSH Act requirement; and employee records maintained informally rather than in prescribed statutory formats. Each of these carries real legal exposure.
Disciplinary & Exit Compliance
- Advice on disciplinary procedures — charge sheets, domestic inquiry processes, and order formats compliant with standing orders and natural justice principles
- Retrenchment compliance under the Industrial Disputes Act — notice, compensation calculation, and government approval requirements where applicable
- Closure and lay-off notices and compliance with Chapter VB of the Industrial Disputes Act for large establishments
- Full & final settlement checklists covering gratuity, leave encashment, PF withdrawal, and ESIC formalities
- No-objection certificates, relieving letters, and service certificates in compliant formats