Title: 5 Major Employment Law Issues For Startups To Avoid
1AHLAWAT ASSOCIATES ADVOCATES
2AHLAWAT ASSOCIATES ADVOCATES
5 Major Employment Law Issues For Startups To
Avoid
3AHLAWAT ASSOCIATES ADVOCATES
- Starting a business is not an easy task and
hiring employees for it makes it even more
difficult. Most startup owners face employment
law issues as they do not hire a labour law
consultant thinking it to be an unnecessary
expense. - Here are some major employee law-related issues
that all new entrepreneurs must avoid
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1. Wrong Classification Of Employees
- One of the biggest mistakes that new business
owners make is to incorrectly classify their
employees. Hiring someone on a contractual basis
is much cheaper than hiring a full-time worker. - Most new employers do not know whether salaried
staff members are exempt from overtime payment or
not. Both scenarios can lead to hefty penalties
as they violate important labour laws.
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2. Inefficiently Planned Equity Incentive Plans
- A common problem that most startup owners face is
the inability to hire exceptional talent as they
are unable to pay high salaries. The equity
incentive plan is an effective solution that is
used by many entrepreneurs to attract good
professionals towards their organization. - Company shares are offered to prospective
employees as compensation for the low salary
being paid to them. It is thought to be a good
motivational tool as the good future of the firm
will make the worker richer.
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3. Paid Leave Policy Not Complies With Local Law
- One of the most common employment law issues
faced by startups is because of the unlimited
time off leave offer. - When a person leaves a job, the employer pays for
all the unused leave days. In order to avoid
this, they offer unlimited time off to staff
members. Labour law consultants in India, as well
as other nations, advise that this is not a
sensible move.
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4. Failure To Create An Employee Manual
- Another common mistake committed by new
businesses is the failure to create an employee
manual. - This document which contains an organizations
employment policies, ethics code, and other
information is a helpful tool in preventing
employee litigation. - A handbook will prevent a worker in coming up
with the argument that he/she was unaware of a
rule or condition because of which he/she was
penalized or sacked.
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5. Drafting Improper Employment Contracts
- A startup owner hires workers in the Indian city
of Delhi without using proper employment
contracts. It felt that hiring labour law
consultants in India who specialize in advising
small businesses will be an unnecessary expense. - It drafted the documents herself and used them to
make appointments. When a worker sued her over
some issue, she had to pay a hefty penalty as
there were no sufficient protective clauses in
the contract.
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