IR & Legal Consultation

Our consulting division aims to provide solution to our clients when they want to outsource some of their IR / Legal activities in a professional manner and concentrating on their core business activities.

With veterans and experienced in IR and Legal Consulting, we offer our best services in this field and make their journey smooth and in the process, help save them cost and also trouble of setting up and running a full-fledged IR & Legal Department while enjoying the benefits of a professional set up in their organization. We provide the following solutions:

  • Industrial Relations and Managing Personnel
  • Conducting Domestic Enquiry
  • Disciplinary Measures Suggestions
  • Consulting on Legal Matters and Labor Laws
  • Tribunal/Court Cases
  • Liaison With Respective Authorities

Industrial Relations and Managing Personnel

Industrial relations scenario is constantly changing worldwide and India has no exception. Industrial relations deal with the relationship that exists between the employees of an organization and the management. It covers all aspects of the employment relationship, including human resource management, employee relations, and union-management relations. Industrial relations broadly pertains to the study and practice of collective bargaining, trade unionism, workers participation in decision-making,

grievance & dispute settlement and the management of conflict between employers, workers and trade unions where as human resource management is a separate, largely distinct field that deals with non-union employment relationships and the personnel practices and policies of employers.

Harmonious industrial relationship is necessary for both employers and employees to safeguard the interests of both the parties for smooth and uninterrupted production processes under current stiff global competitive market scenario. In order to maintain good relationship with the employees, every organization should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace and higher productivity. The Government plays an important role in industrial relations, be it through its policies or its representatives like the Conciliation Officer or the Labor Commissioner. There must be a great emphasis on mutual accommodation rather than conflict or uncompromising attitude. The Management should always look for a WIN – WIN resolutions and it is necessary to understand the holistic perspective of IR scenario.

Brainstorm HR Solutions and Consulting Services advise on such intricate people issues that challenge your business development which includes optimizing employee relations to improve working efficiency within your business, providing comprehensive advice and on-site support during time of adopting disciplinary procedure, grievance & performance issues, coaching / developing / educating line managers through such employee issues equipping them with the skills necessary to manage people they are working with in the Shop floor. Our highly efficient and dedicated team comprising of specialized IR professional help our clients streamlining business processes which adds up tangible and intangible financial benefits for them.

Conducting Domestic Enquiry

When disciplinary action is proposed to be taken by the management against an employee whether by way of dismissal or any other punishment as stated in the Industrial Employment Standing Order Act, 1946 or in accordance with the Certified Standing Order of the company, a domestic enquiry is conducted to find out whether the proposed action is warranted against the delinquent. A full-fledged domestic enquiry establishes the bonafide intentions of the management.

Domestic Enquiry is clearly based on the Principles of Natural Justice and Fair Play. Today domestic enquiry occupies a very important position in industrial law. It essentially means an enquiry into the charges of indiscipline and misconduct framed against an employee of the organization.

Generally, where the misconducts are serious, the company appoints an outside Enquiry Officer, who has the experience of conducting domestic enquiries. This is to ensure that the enquiry is sound, and the employee does not escape the punishment, be it capital or otherwise, on technical grounds. There should not be any lapse on the part of the Enquiry Officer. Hence, in any good and professional Company, the enquiry is always entrusted to a person of professional background having competencies in holding flawless Domestic Enquiry from the point of view of future legal complicacies that may arise depending on the findings of the Enquiry Officer that he would be submitting to Management on completion of the Enquiry proceedings and subsequent disciplinary action taken by the Management against the delinquent. If the delinquent is hold guilty of the misconduct, and dismissed from the services of the company, he has every right to raise an Industrial Disputes and can move to the Conciliation Officer / Labor Court, as the case may be and the dispute can be a far-reaching consequence.

Brainstorm has in its team, renowned and veteran Legal Practitioners / Labour Advisors to conduct flawless domestic enquiry who can even represent Management before any Court of Law in case the delinquent, having aggrieved by the decision of the Enquiry Officer or Disciplinary Authority, takes recourse to the appropriate forum to redress his grievances.

Disciplinary Measures Suggestions

The purpose of disciplinary measures is to encourage employees to improve their conduct or performance, if they commit any misconduct / wrong doings so that they may continue their employment with the company. The organization expects all employees to behave in a mature and responsible manner and to perform their jobs conscientiously, without the need of disciplinary action. It is essential to have discipline and grievance procedures in place preferably in a written down manner in the form of Certified Standing Order so that everyone is clear about what is required and what constitutes misconduct. While taking disciplinary measure against a delinquent employee, he should be provided with the natural justice and the quantum of punishment should be proportionate to the misconduct committed by him preferably in line with the rules and regulations as stipulated in the certified Standing Order of the Company else there is every likelihood of industrial unrest in the organization which might have far reaching consequences that may go a long way in settling the dispute. Many Companies do not have their own Service & Conduct Rules / Standing Order duly certified by the competent authority which is an essential pre-requisite in running a professional Organization.

Brainstorm has a team of able, well-qualified and experienced professionals who can properly guide you through to the entire system and can act as a consultant to manage your activities in a professional manner and corporate culture.

Consulting on Legal Matters & Labor Laws

Adherence to labor laws is very important for any company. As compliance requirements have increased globally, the complexity of the role of the legal function has advanced at a similar pace. Brainstorm provides specialized legal consultation on case-to-case basis. It includes the services like advising on disciplinary actions, mediating for any dispute resolution with an employee or represent to the government authorities, if necessary. While consulting on Legal matters pertaining to Industrial Relations, we appraise the clients on latest amendments to various Acts, advice on periodical Returns and Reports required to be filed within the time limits prescribed. Understanding and awareness of laws and its correlation with various constitutional contingencies require only professional Legal Advisers for monitoring the same. Various Government rules & regulations and other related issues need to be addressed properly to avoid penal action.

Brainstorm carries out labor laws related extensive statutory compliance audits for their clients and establish a monthly review mechanism with measurable outcomes. This helps the organizations to understand which compliances they have to comply and presently how much they are complying with. Every commercial establishment / factory is liable to implement one or the other Central / State Government enactments in respect of labor laws. Our services provides you a distinctive and absolute way to get rid of all your labor law related issues Experienced law professionals with a profound knowledge in the domain offer highly beneficial service to solve all the problems concerned with the labor laws and rules. Outsourcing helps the clients to get assured service and consistency to monitor all the labor issues that are highly complicated in nature.

Liaising

At Brainstorm, we have a well-trained staff for liaison. The team consists of skilled legal professional and Labour Laws specialists who can assist you in doing liaison with various Government Authorities such as, ESI, PF, Directorate of Factories & Labour and other related Govt. officials. We have our competent team to support you and guide you through at the time of any client audit or Government inspection by the above authorities. In a fast-changing industrial scenario where management is focusing more on their core activities, they are seeking legal advice from professionals and experts having many years of experience in the same domain. With Brainstorm, you can be rest assured that you are in safe hands, and we will deliver to the best of your satisfaction and fulfillment leaving you to concentrate on your Core HR/IR activities for the sake of your organizational development.

Tribunal/Court Cases

Being taken to a Labour Court / Industrial Tribunal can be a distressing experience. Brainstorm HR Solutions and Consulting Services is there to support you at every step of the way and can ensure you that no matter how complex the circumstances might be, you would receive accurate and complete legal advice and guidance of highest standard. We have in our team experienced Legal Professionals who are practicing Lawyer in Labour Court / Industrial Tribunal, High Court and in the Apex Court (Supreme Court) of India and can assist and guide you through to any complicated court cases in any related matter thereby adding up tangible and intangible financial benefits for our clients. Brainstorm has the skills to represent your business in the best possible way. We also negotiate cost-effective / out-of-the-court settlements for you, as and when required, in consultation with you and taking into consideration of your Company’s Policy. We consider each case fairly and by the facts, and we will provide you with the most suitable advice based on that. We guarantee that your case will be in safe hands with Brainstorm and shall not give any room for you to complaint whatsoever.

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