Employment law has become increasingly complex over the past number of years. The need for businesses to ensure compliance with legislation is greater than ever, as the level of claims, inspections and fines are increasing each year.
Few areas of business have become as complex as human resource management and employee relations. Among the issues you need to consider:
- Contracts of Employment
- Employment permits
- Absence and sick leave
- Data protection
- Information and consultation
- Grievance and disputes procedures
- Lay-off and short-time working
- Pay and benefits
- Record keeping
- Working time
- Notice and dismissal
- If you have employees, you need to set rates of pay that will encourage people to apply for your vacancies and at the same time keep existing employees happy and motivated. You should ensure you don’t fall foul of the law or get taken to an employment tribunal.
- Setting suitable rates of pay is a major decision, which will have a long-lasting impact on your business – you are choosing how you will reward your workers. The transparency of the system is the key to ensuring everyone knows how their pay is calculated and how any bonuses or enhancements are attained.
- Remember that factors other than pay can motivate workers, e.g. benefits, feedback, training, consultation and work-life balance, … which sometimes contribute to better retention rates.
- In addition, to make sure you are getting it right, check that the rates are competitive with other comparable businesses in your industry and region.
Health & Safety
All businesses have legal responsibilities to ensure the health and safety of their employees and other people affected by their business’ activities, such as customers and suppliers.
The correct approach isn’t just about doing the minimum required to comply with legal requirements. Best practice in health and safety can benefit any business – poor health and safety leads to illness and accidents and other significant costs for any business, including higher insurance costs.
Effective health and safety practices pay for themselves. They also improve your reputation with customers, regulators and your own employees.
There is a responsibility to:
- carry out a thorough health and safety risk assessment of your premises, your equipment, work processes …
- draw up a detailed health and safety policy
- ensure your workplace meets specified minimum standards
- ensure that everyone is familiar with and adheres to best practice in health and safety matters.
Environmental Compliance means conforming to environmental laws, regulations, standards and other requirements. In recent years, environmental concerns have led to a significant increase in the number and scope of compliance imperatives across all global regulatory environments. Being closely related, environmental concerns and compliance activities are increasingly being integrated and aligned to some extent in order to avoid conflicts, wasteful overlaps and gaps.
General Scope of Compliance Activities
- Responsibility for the collection, analysis, consolidation and communication of Compliance & Environmental related legislation and industry trends.
- Risk assessments and Planning: Identify legal and regulatory requirements and risks arising from them.
- Identify new and emerging risks from business and regulatory developments and assessing their impact on the monitoring programmes and plans.
- Performing compliance risk assessments on a regular basis and updating risk assessments at the completion of monitoring reviews.
- Devise and maintain regulatory risk-based monitoring and surveillance programme
- Provide regular industry “digest” updates to the Compliance team relating to trends and regulations which may impact on the company and provide policy proposals where appropriate to Senior Management.
- Develops, Prepares, and Presents training materials
- Manage and update internal environmental compliance knowledge database.
- Review, evaluate, and investigate environmental and sustainability related complaints.
- Promote technical concepts such as Design for Environment, Design for Recyclability.
- Perform Life Cycle Assessment activities on product where required.
- Investigate, prepare and respond to industry and customer surveys and queries in collaboration with other Compliance team members.
Industry Regulatory Processes
Regulation can take many forms
- legal restrictions regulated by a government authority
- self-regulation by an industry such as through a trade association
- social regulation (e.g. norms)
- or market regulation.
One can consider regulation as actions of conduct imposing sanctions, such as a fine, to the extent permitted by law.
Regulation can have several elements
- Public statutes, standards or statements of expectations.
- A process of registration or licensing to approve and to permit the operation of a service, usually by a named organisation or person.
- A process of inspection or other form of ensuring standard compliance, including reporting and management of non-compliance with these standards
- Where there is continued non-compliance, then a process of de-licensing whereby that organisation or person is judged to be operating unsafely, and is ordered to stop operating at the expense of acting unlawfully.