Corporate Identity Meaning and Features

According to the business dictionary, corporate identity is the “Combination of colour schemes, designs, words etc. that a firm employs to make a visual statement about itself and to communicate its business philosophy. It is an enduring symbol of how the firm views itself, how it wishes to be viewed by others, and how others recognise and remember it.

Unlike corporate image (which is ‘in there’ changeable mental impression), corporate identity is ‘out there’ sensory experience conveyed by such things as building, décor, logo, name, slogan, stationary, uniforms, and is largely unaffected by its financial performance and ups and downs in its fortunes.

Corporate identity is either strong or weak (not positive, negative or neutral like a corporate image) and is more or less permanent unless changed deliberately”.

A corporate organisation maintains and presents itself to its customers, shareholders and public at large in such a manner that facilitates its business objectives. It strives to create a brand value and win competitive edge over other similar organisations by creating its unique identity.

In order to create and establish that identity it invests in branding and trademark. This is something very similar to how a human being creates his own identity in society by virtue of his unique dressing style, his communications, his character and how he deals with his surroundings in a unique manner that defines his personality.

Features of Corporate Identity

To create corporate identity and to visually manifest its uniqueness the corporate organisation invests in creating impactful advertisements, title or logo. The end objective is to maximise business by increasing customer base. Customers always have their free will and a wide variety to choose from. Therefore, corporate companies aim at creating a strong brand image and appearance in the global market.

There are six most important features of corporate identity:

  1. Company name: There’s a lot in a name. Especially when there are copyright and trademark issues involved. Therefore, the name should be original and distinctly different from other registered names. It should also go in accordance to its identity and distinct enough to be remembered by people.

Consider names like Pepsi, Nestle, HUL, P&G, Frooti, Maaza Mc. Donald etc. Ideally the names are short and easy to be remembered by people and without any double meaning.

  1. Company logo: It is a graphic design that corresponds the company or product or service image. It is the face of the company and a merger of all the attributes of colour, design, style and font. It represents the character of the company. Consideration of various psychological factors and a lot of research goes in designing a logo.

Whether the shape is conical or angular to represent speed, or smooth edged and round to emit the essence of warmth and trustworthiness depends on what character the company is trying to project.

On close observation we can see the difference in logo design of service sector companies to that of high-tech companies, baby care products or high-speed bikes. The logo is a centralised visual representation of the company and its product’s unique character.

  1. Colour and Font: Colour has a significant impact both emotionally and psychologically in the minds of the customers. The font colour and design a company uses go a long way in creating a brand identity. Colour also create trust and may influence a buyer’s decision in favour or against the product.

Example: Johnson & Johnson baby care range comes in white whereas the anti-ageing product are mostly in red or golden. Both have a different impact and influence on the minds of the customers and may influence the buyer’s decision.

Both colour and font are important key element in creating a brand identity. Some companies use fonts in italics, some in bold and some in all capitals. They are supposed to go in harmony with the brand image and exude style, reliability, tradition and various other characteristics.

Some companies use fancy fonts and bright colours as a reflection of playfulness, youthfulness and joy. Some use simple and elegant font with either blue or grey colour to represent depth and richness etc. Therefore, companies do a lot of research to identify for itself an style that describes its identity.

  1. Business card: People in business exchange business cards to tell who they are and what position they hold in the organisation. Most of the time a business card speaks in volume about the company and the concerned person.

The quality of paper used, the design, the style, colour, fonts etc. exudes the brand image of the company apart from providing vital information like contact numbers, mail id, name, designation etc.

Business cards can be elegant and authoritative or play playful and creative. It depends on what kind of aura the company tries to project.

Many may wonder why and whether business cards are still needed in the digital era. The answer is an obvious ‘Yes’. It is common for people meeting each other for the first time in cocktail parties, business meets, networking meeting etc., that they have a conversation and after five minutes struggle to remember the name of that person or organisation.

Although, the present-day smart phones are equipped with technology and applications that makes information sharing easy and simple.

  1. Business letterheads: Business letters are written in business letterheads. It carries the company name, logo and contact details. Both business cards and letters are made of high-quality paper that is a symbol of richness and sophistication. Companies can go colourful with letterheads or may stick to simple styles.
  2. Printed envelopes: Companies and educational institutions have their printed and customised envelopes because that also helps in brand promotion. Attractive font colour design name etc. help in building corporate identity.

Companies also use pamphlets, flyers, websites and posters including wrapping papers and advertisements for creating a sustainable impact in the minds of the customers.

Corporate Image Meaning, Factors Influencing Corporate Image

In simple words, the picture that comes in mind when we think of a particular company is the corporate image. The image can be positive as reliable, trustworthy, reasonable, high quality, or it can be negative as harmful, expensive, poor quality etc.

Unlike corporate identity, corporate image is purely based on the customer’s perspective. This perspective can be changed from good to bad the moment something negative is flashed in news about the company or its products. We have seen companies endorsing real life doctors in their advertisements to promote their brands and create a reliable image for their products.

Especially companies doing business in medicines, baby care products, dental, creams etc. use expert medical practitioner’s opinion to convince their consumers. Companies dealing in high end products like gold, diamond, platinum even expensive cosmetics ranges endorse eminent film personalities in their commercials to promote reliability and elegance.

All these are done in an endeavour to create a positive corporate image. However, brand image changes from time to time. We have witnessed in real life some of the companies being accused of to lose their brand image overnight.

However, if they win the legal battle and a clean chit from the health federation, slowly they are able to re-establish their image in the market.

Factors Influencing Corporate Image

  1. Mission and vision: Mission defines “who you are and where are you going” and vision is the “big picture” illustrating what you expect to achieve.
  2. External image: It consists of customer service management, quality of products and services and media.
  3. Established business relationship: It is a vital relationship between your organisation and stakeholder groups.
  4. Be transparent to your stakeholders: Being truthful is the key to business success particularly while managing issues and crisis.
  5. Cheaper technology: The increasing cost of traditional mass media advertising and the relatively cheaper opportunities offered by the internet many organisations are re-examining their media presence and ways to control it.
  6. Varied choices: Many organisations today use a range of media including corporate blogs websites banners and sponsored online communities.

As discussed earlier corporate image is highly subjective and fluid in nature. It may change from positive to negative and vice versa. Therefore, companies put in a lot of effort to sustain a positive image in the market.

However, there are several warning signs of a deteriorating corporate image. For example: high attrition rate, losing customer base, frauds with the government, sinking in the stock market etc. may tarnish the image in the global market. Irrespective of the size of the company it is important that they strive towards protecting their image as it takes a long time to grow.

Ever since globalisation maintaining a clean corporate image has been of high priority for organisations. A company maintaining its business in multiple geographical locations or expanding in home country is always under a threat of being projected with dissimilar images that might go in contrary to the actual corporate image.

In addition to all these factors there is also a growing expectation in society about the organisation’s involvement in altruistic or philanthropic activities.

For example, certain corporations actively promote organ donations, caring for animals, protection of nature, patronizing farmers, sponsoring child education etc. Such contribution to social causes enhances the brand image of the organisation and they are crucial in sustaining the image as well. Organisations try to create favourable impressions in the minds of those who matter to them.

Corporate Reputation Meaning, Advantages of Good Corporate Reputation

Corporate reputation is defined in business dictionary as “The collective assessment of corporations past actions and the ability of the company to deliver improving business results to multiple stockholders over time.”

There are agencies who after careful observation and considerations, attribute a company as “most admired” by virtue of the social, economic and environmental impact it has over a sustained period over time. The reputation of a company also depends on these factors and is instrumental in creating favourable or unfavourable impressions in the observer or assessor’s eyes.

It is essential for a business to have good reputation in the market in order to service competition. Word of mouth definitely is a bonus, however it is also important how the company handles crisis or responds to controversies. This apparently is a cyclic process. A strong reputation helps a business overcome crisis, on the other hand effectively managing crisis or controversy promotes a strong reputation.

This allows a company to differentiate its product from similar competitive ones and over sell it at a higher price. Businesses are now concentrating more on reacting eco-friendly products, biodegradable products, organic products and so on. Research finds that customers don’t mind paying a premium price for products that has a strong brand reputation.

Organisation can actively promote a good reputation by being sensitive to the following factors:

  1. Creating trust amongst its vendors, suppliers etc., by paying off their timely dues. Deliver to customer what is promised. Provide timely service and maintain quality etc.
  2. Maintain transparency and honesty in communication with customers. This also includes timely reply to queries, respond to emails, promptly address issues and grievances etc.
  3. Taking ownership of problems that may crop up from time to time instead of pushing it back to the customer. With so much of options and varieties available these days, customers are very less likely to stick to any particular brand for long if it continues to dissatisfy them.

For example: a dissatisfied Airtel customer may switch to any other service provider if his grievances are not addresses, its billing details, network problem, data connection and so on. Almost all the business thus has a customer care service department that is reachable through a toll free number.

A customer may budge a telephonic complaint and the customer service department may escalate the issue to concerned authorities and try to sort out the problem to immediate effect and thus retain its customer.

  1. Many companies offer free services and latter to the preferences of the legal customers. Offering high level value and services help sustaining the existing customer base also create a good reputation in the market.
  2. Having a strong online presence in terms of a polished and updated website is always essential for letting the customer know about new or improved product or services.

Transparency of information and effective communication through mailers, messages etc., are also vital for survival of any business irrespective of the type or size.

  1. Availability of company name on the first page of Google or other search engines also create a big impact. This indirectly says that the brand is an esteemed one. Presence and visibility in networking sites such as twitter, feedback, LinkedIn also gives the flavour of a premium brand. This all add up to the reputation of the company and its products.

The biggest advantages of a favourable reputation are:

  • More and more customers are willing to buy the product or services of a particular company whereas there are other companies offering the same identical quality in competitive price.
  • To be able to sustain stakeholders support in adverse times.
  • To be able to maintain good quote in the stock market.
  • To be able to charge premium price for the product or services.

Essentials of Corporate Reputation

  • Ethical with stable workplace
  • Financial performance
  • Leadership and Management
  • Social responsibility
  • Customer focus
  • Quality and Reliability
  •  Emotional Appeal

Importance of Ethics in Corporate Communication

Ethical behaviour and corporate social responsibility can bring significant benefits to a business. For example, they may attract customers to the firm’s products, thereby boosting sales and profits.

In communication, ethics work to enhance credibility, improve the decision-making process and allow for trust between the two parties. Ethics provide the groundwork for right and wrong, allowing two parties to communicate with a basic understanding of what is expected.

Ethics serve as a guide to moral daily living and helps us judge whether our behaviour can be justified. Ethics refers to society’s sense of the right way of living our daily lives. It does this by establishing rules, principles, and values on which we can base our conduct.

Ethical issues of business communication is the way by which individuals or groups of people exchange information between them. From end-to-end the process, effective communicators try as clearly and accurately to pass on their ideas, intentions and, objectives to their receiver. Communication is successful only when both the sender and the receiver understand the same information. Nowadays business world, effective communication skills are necessary due to the highly informational and technological era, which has made it easier for exchanging of information between the parties.

Despite of the context, communication is all about choice, reflects values, and has consequences. For better communication, understanding the obvious and the subtle issues relating to communication is necessary. Any company that aims to be socially and ethically responsible must make a priority of ethical communication both inside the company and in its interactions with the public. In theory, many consumers prefer to do business with companies they believe are ethical which gives those ethical businesses an advantage in the market.

Some of the vital characteristics of ethical communication are discussed below.

  • Conveying the point without offending the audience:

While communicating with the audience, expressing the desired message to them in a significant manner is of primary importance. Strong conversation skills can make a big difference in the workplace. Knowing how to share an attentive, friendly discussion will give you more confidence and help you build better relationships. As you improve your skills, you’ll become a more thoughtful listener, give sharper responses, and learn how to handle common mistakes. For instance, the employees in a company can be asked to increase their efficiency in a demanding manner whereas managers and executives will feel offended if the same tone is used on them. There are different ways to explain the exact things to them in a much smoother manner.

  • Maintain a relationship with the audience:

Maintaining the same wavelength with the audience is very important for a communicator to ensure the audiences feel at home. Experienced communicators immediately build a relationship based on trust with the audience as soon as they start speaking. As the audience shares, ask relevant questions to give them further chances to express themselves. Be curious about the audience! For instance, if they’re talking about a tough presentation they just gave, ask how they felt when they finished.

  • Avoid withholding crucial information:

In the modern era, information is vital for all decision. Hence, it is essential for any organization to be cautious when communicating with titanic. The related information should be absolute, and all crucial information must be passed on appropriately. Purposely withholding crucial information might result in the public conceiving a bad image.

  • Well organized value system:

In order to ensure that this concept is successfully practiced and understood in an organization, a well-organized value system must be established throughout the organization by the top management. If an organization functions on the base of value systems common to both the top management and the employees, mutual respect between them will be present. A sound and healthy value system can make way for ethical communication.

  • Accuracy of information is necessary:

Any information that is to be passed on must be true and accurate. Communicating without checking the truth of the information can be highly dangerous for the organization. Identification of the source and testing the information is necessary before communicating it.

Mass Media Laws: Defamation, Invasion of Privacy, Copyright Act, Digital Piracy, RTI

In any organization, communication plays a crucial role. It helps an organization to build the primary resources (Labour, Capital, and Raw Materials) and secondary resources (such as legitimacy and reputation). We have ample examples wherein the reputation of an organization has been demolished on the basis of their unethical practices, false commitments or mishandling of their stakeholders. Therefore, any successful organization should follow the standard code of ethics and government guidelines and laws.

The concept of ethics and law in corporate communication is divided into 4 parts:

Mass Media Laws Invasion of Privacy Copyright act RTI and media responsiveness Professional code of ethics

As the role of a corporate communicator is to make the consumer aware, instruct and persuade towards the organization vision, mission and values to create a good image and reputation, therefore, they need to be extremely truthful and accurate before their internal and external stakeholders.

Let’s study in details to understand the concept of ethics and law in context of corporate communication with suitable examples:

Mass Media Laws:

The brief history of mass media laws: In India, the concept of mass media laws were enacted during the British Raj.  In 1799, Lord Wellesley promulgated the Press Regulations and imposed the censorship on newspaper for publishing any information against the government. The passed act of 1835 was repressive in nature and imposed restrictions on the printing industry. In 1857, Government passed the “Gagging Act” which had the rule to have compulsory licensing for the owning or running of printing presses and gave multiple rights to government to suppress the freedom of the press. In 1867, the ‘Press and Registration of Books Act” 1867 came. The Vernacular Press Act of 1878 was also repressive in nature. After that, there were various acts introduced by British governor which curbed the freedom of the press.
But after independence, The Indian constitution has signified the “Freedom of Press” and empowered press to disseminate knowledge to the masses and the Constituent Assembly and in Article 19 (1) (a) enumerated certain rights regarding individual freedom of speech and expression.

Article 19 of the Indian Constitution Lays down:

“All citizens shall have the right to freedom of speech and expression, to assemble peacefully, a without arms, to form associations or unions, to move freely throughout the territory of India, to reside in any part of the territory of India, to acquire hold and dispose of property and to practice any profession or to carry any occupation, trade or business.” It is defined that such freedom is not absolute but is qualified by certain clearly defined limitations under Article 19 (2) in the interests of the public, sovereignty and integrity of nation, state security, relations with neighbouring and foreign countries, public decency and mortality, or in relation to contempt of court, defamation or incitement to offence.

Defamation: The term “defamation” is an all-encompassing term that covers any statement that hurts someone’s reputation. If the statement is made in writing and published, the defamation is called “libel.” If the hurtful statement is spoken, the statement is “slander.” Defamation is not a crime; it is a civil wrong. The law of defamation varies from state to state.  Few cases of defamation incorporate which had made the headlines as follows:

  1. 1997: B V P Rao vs Rata Tata and others V P Rao contended that Tata Tea had twisted and suppressed the facts projecting him in a very poor light by alleging that there was no response from him as home secretary in December 1995 for providing security after the Tata Tea received a letter from the Ulfa demanding hundred walkie-talkie sets. Rao, who was then the state power commissioner, claimed damage of Rs 1 crore against the Tata Tea, its managing director R Krishna Kumar and chairman of Tata group of companies Ratan 
  2. 2006: R S Lodha vs B K Birla Auditor R S Lodha, who had claimed that Priyamvada Birla had bequeathed her assets worth thousands of crores to him, sued industrialist B K Birla for damages of Rs 100 crore. He said Birla’s statements in the media had tarnished his image.
  3. 2008: Anil Ambani vs Mukesh Ambani Anil Ambani sued brother Mukesh for damages of Rs 10,000 crore for certain libelous statements by the latter in an interview to New York Times. The American publication and some Indian papers which reproduced this were also made respondents. A case was withdrawn after the truce between brothers a few years later.
  4. 2010: Chris Cairns vs Lalit Modi New Zealand cricketer Chris Cairns sued the then IPL chairperson Lalit Modi, in the UK’s first Twitter libel case over a defamatory tweet sent in January 2010, in which Modi referred to Cairns’ alleged involvement in match-fixing as the reason for barring him from the IPL  “The allegation made by Lalit Modi that I have been involved in match-fixing is scandalous and wholly untrue. For him to circulate such a falsehood around the world is outrageous,” Cairns said in a statement. In 2012, a UK court awarded damages of 90,000 pounds and costs of 1.5 million pounds. Modi had said he would appeal.
  5. 2014: Veritas vs India bulls Canadian investment firm Veritas Investment filed a suit of a settlement of a claim in Ontario against India bulls claiming $11 million (Rs 70 crore) in damages for the alleged defamatory announcements and press releases put out by India bulls, which led to the closure of its India Research services. India bulls won an interim order against the move in Delhi High court. A few months later, it also filed a suit claiming Rs 200 crore damages from Veritas and its analyst Neeraj Monga for submissions made in the Ontario 

Invasion of Privacy:

In India, we all have the right to privacy. But, sometimes, this right is being curbed especially in case of celebrities or any public figure. Invasion of privacy is the unjustifiable intrusion into the personal life of another without consent. However, invasion of privacy is not a tort on its own; rather it generally consists of four distinct causes of action. The four most common types of invasion of privacy torts are as follows:

  • Appropriation of Name or Likeness
  • Intrusion Upon Seclusion
  • False Light
  • Public Disclosure of Private Facts

Appropriation: Appropriation of a person’s name or likeness for commercial or trade purpose without any permission is an invasion of privacy. Use of an individual’s photograph, a sketch of the person’s nickname or any other names is all considered use of a name or likeness.

E.g. In 2005, when famous musician Tom Waits declined an offer made by an advertising agency to do an ad campaign for a new automobile, then the advertisers hired someone who sounds like him to do the soundtrack which made Waits to sue the automaker for appropriating his likeness.

Intrusion upon seclusion: Intruding someone’s private affairs, physically or otherwise, is subject to liability if the other person finds it offensive and unacceptable. When someone illegally intercepting private phone calls and snooping someone’s private records without the permission, take someone’s photographs without permission, etc. are the examples of intrusion to right to privacy.

E.g. – A famous Ratan Tata – Radia Tape case is an example of intrusion upon solitude which showed the interesting woman attempting to influence policy by controlling politicians and journalists, destroyed reputations and careers, but Ratan Tata emerged with mere scratches.

Public Disclosure of Private Facts: As the term suggests, it is about encroaching someone’s personal territory. Wherein, the media tries to cover all the irrelevant personal information about the public figure which is not of much concern.

False Light Claim: False light laws protect your right to not have potentially misleading or damaging information about yourself publicly disclosed. This includes the disclosure of information that may be true but is nonetheless misleading or damaging. For example, it may be an invasion of privacy if a caption published with a photograph in a news article about a protest describes a person as a participant, when in fact, the person was only observing the protest. Generally, the elements of false light are as follows:

  • The defendant publicly disclosed information about the plaintiff;
  • The information placed the plaintiff in a false light; and
  • The false light would be highly offensive to a reasonable person.

Copyright act:

Copyright protects the original work of artists in the area of literature, dramatics, music, artistic works, anonymous and pseudonymous works, posthumous works, cinematograph films, sound records, government work, public undertaking, international agencies a photograph.

The duration of the copyright protection varies. Infringement of copyright occurs whenever somebody exercises copyright owner’s right without permission. The Copyright ACT, 1957 gives various rights to the owners.

Copyright guidelines:

  • It is essential for a corporate communicator to copyright all the literature, brochures or relevant documents deal with company information to protect legally.
  • No download/upload other person’s work without having proper information about its protected rights.
  • Always seek permission for materials used for sale.
  • All celebrity letters, photographers to be protected.
  • Government documents are not copyrighted but avoid implying government endorsements.

E.G. Apple vs Microsoft

The battle between these techs giants started with a simple question: who invented the graphical user interface (GUI)? The company that controls the interface of the next major operating system will have the ability to set the standards for application software, so it’s unsurprising that Apple tried to stop Windows from becoming a major operating system.

It seemed that although Microsoft helped develop Macintosh, Jean-Louis Gassée, who had taken over from Steve Jobs at the time, refused to allow Microsoft to use their software. Bill Gates pressed on nonetheless, deciding to add in features of its own too early prototypes of the Macintosh.

When Gassée noted the software, he was enraged. However, he didn’t want a lawsuit and ended up agreeing to license Mac’s visual displays. But Windows 2.0 turned out to be almost identical, and Gassée believed it to be a breach of contract, only having allowed their software to be used for 1.0 and not future versions.

So, without warning, Apple filed a lawsuit against Microsoft in 1988. Apple’s case included 189 contested visual displays that violated its copyright. This led to a six-year-long battle.

In 1989, the court ruled that 179 of the 189 disputed displays were covered by the existing license. Furthermore, the other ten were not violations of Apple’s copyright due to the merger doctrine, where the idea-expression divide limits the scope of copyright protection by differentiating an idea from the manifestation of that idea. The lawsuit was decided in Microsoft’s favor on August 24, 1993.

Digital piracy:

Digital piracy is a form of online piracy and includes the unauthorized online distribution of electronic copies of copyrighted material such as software, movies, and music. Recently, we have seen that many filmmakers have shown their concern towards the release of the movie on the digital platform prior to release date and it gets leak on the digital platform which impacts their business and in larger context employment. Though it has many advantages to businesses and consumers alike, there are many challenges have also been emerged such as:

  • Availability of lots of unauthorized sites: Such websites allow web users to download the media content for free and it is pirated and make it widely available for users.
  • High-Speed Internet: Today, the high-speed technology and availability of many apps through which we can share the large MB data in few seconds capitalize the high traffic by selling the advertising space of their webpage to advertisers to reach the target audience. Such promotional tactics help them to generate revenue through digital advertising. Such advertisers may be harmful to all people who get associated with it. It might get indulge in illegal activity.
  • Unsafe digital environment: The sites on which digital advertising is shown might be interpreted by consumers that it is a well-known brand but it might not be the case in reality.

Therefore, it becomes the responsibility of a communication expert of a company to avoid ads going to suspected IP infringing websites. Also, it is essential to eliminate fraud traffic, combat malware, fight internet piracy, and promote brand safety through transparency.

Canadian Association of Journalists (CAJ) has provided the list of some ethical rules to publish the information in the digital media:

  • Ethical practice does not change the medium.
  • All online content should be accurate and consider carefully.
  • It is important to quote the used sources when the information gets published online.
  • Ensure credibility
  • When errors or corrected, it needs to be mentioned.
  • Online printed materials need to be used with proper permissions.
  • Information gathered through online should be confirmed, checked, varied and authenticate with the list of sources.

Right to Information:

Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. The Law came into force on 13 October 2005. However, under this act, the private bodies are not covered directly but information that can be accessed under any other law in force by a public authority can get access.

Code of Ethics and its implementation:

Companies constitute a committee consisting of internal and external directors for institutionalizing ethical behaviors. The function of such committee includes:-

  1. Inform all members the code of ethics.
  2. Regular meeting to discuss the ethical issues.
  3. Enforcing the code
  4. Dealing with concern areas
  5. Reviewing and updating the code
  6. Reporting the activities of the committee to the board of Directors.

Professional Code of Ethics:

International Code of Ethics adopted in All India Public Relations Conference in 1968 states that United Nations Organizations have agreed to abide by its charters reaffirms” its faith in fundamental human rights, in the dignity and worth of the human person” and that having regard to the very nature of their profession, Public Relations practitioners in these countries should undertake to ascertain and observe the principles set out. This code of ethics highlights the important aspects of Public Relations practitioners such as Honesty, Advocacy, Expertise, Independence, Loyalty, and Fairness.

Need/ Relevance of Corporate Communication in Contemporary Scenario

Business in the present world survives majorly on corporate communication. Many organisations have witnessed disastrous consequences like dissatisfied customers, breaking down of relationships with shareholders and loss of business due to ineffective or lack of communication.

organisations need to maintain harmonious relationships with everyone they deal with, including internal employers and outside vendors, workers, distributers etc. One of the main tasks that corporate communication accomplishes is to provide clarity of information to everyone concerned and to meet organisational goals by eliminating confusions that may arise from distortion of messages.

Contemporary business organisations have expanded beyond geographical boundaries. They constantly deal with different races and cultures. This makes business communication challenging as any trans-border communication gap may disturb business relationship and may create dissonance between two parties.

Effective business communication not only promotes business development but also serves multiple other functions such as:

  1. Generating trust: For any organisation to run a sustainable business, it is important to acquire trust from its employees, vendors, customers, business associates, partners etc. An honest and efficient communication goes a long way in creating this trust among people concerned. Standing true to organisation’s commitments is also equally important.

Let’s take a simple example of corporate banks. They establish 24 hours helpline and customer support round the year. Instant messaging services to customers regarding financial services and transactions, sending timely alerts, offering net banking facilities that save hours of standing in a queue, e-billing, addressing customer grievances instantly, alerting customers of fraudulent calls are all different ways of creating trust and communicating reliability among customers.

Contemporary organisations believe in providing more and more transparency and access to their customers there by creating a bond of trust.

  1. Dissolve communication barriers: Effective communication minimizes the chances of misunderstandings and resolves conflicts. With the opening up of horizons for business, corporate organisations make cross border business dealings. Mergers, acquisitions, partnerships, collaborations and such type of activities are based on effective communications.

Lack of transparency, false assumptions, inaccurate information etc. may tarnish the brand image of an organisation and may lose business in the global market. When a company wants to sell its products in the international market, it is basically dealing with a lot of challenges like creating product of international standard, creating value, generating reliability amidst scepticism. For any company to establish its position in the global market the most significant tool is its corporate communication.

  1. Creating and retaining customers: Big corporate houses with an international client base are constantly in pursuit of betterment of their product quality not only for the purpose of business expansion but also to retain its chain of existing customers. Almost every big company with international customers has call centers with executives dealing with customer issues and grievances. Companies spend millions of rupees in product advertisement and creating a brand value. Much of the organisation’s goal of retaining and enhancing customer base is also accomplished by thinking ahead of time so that not only have answers to the current problems but also to those that may arise in future.

An organisation that successfully communicates its futuristic thoughts and promises to deliver quality product and services for a longer period of time definitely enjoys a sustainable position in the market.

  1. Customer awareness: Customers already know about the product they want to purchase by seeking information about the product online.
  2. Internet: The rapidly changing global economy, a revolution of media fuelled by democratisation of the internet and a substantially transformed the 21st century corporation and is making the business more competitive.
  3. More clutter: On average a person is hit by 13,000 commercial messages daily integrated communication strategies are more likely to break through this clutter.
  4. Emphasis in ICT: Organisations are also realising that messages in various media can complement one another leading to a greater communication impact than any single message can achieve.

Employee Compensation Act, 1923

Employees’ Compensation Act, 1923 is a social welfare legislation enacted to provide financial compensation to employees or their dependants in case of injury, disablement, or death arising out of and in the course of employment. The Act places a statutory liability on employers to compensate workers for employment-related risks, thereby ensuring income security and protection against occupational hazards.

Objectives of the Employees’ Compensation Act, 1923

  • Providing Financial Protection to Employees

One of the primary objectives of the Employees’ Compensation Act, 1923 is to provide financial protection to employees who suffer injuries during the course of employment. Workplace accidents often result in loss of income and increased medical expenses. The Act ensures that injured workers receive monetary compensation to support themselves and their families, thereby preventing financial distress and safeguarding the livelihood of employees affected by employment-related risks.

  • Compensation to Dependants in Case of Death

The Act aims to ensure financial security to the dependants of employees who die due to workplace accidents or occupational diseases. Dependants such as spouses, children, and dependent parents are entitled to compensation. This objective recognizes the economic dependency of families on the earning member and provides relief against sudden loss of income, helping dependants maintain basic living standards after the employee’s death.

  • Employer’s Statutory Liability

Another key objective of the Act is to establish the statutory liability of employers to compensate employees for employment-related injuries. The employer is held responsible irrespective of fault or negligence, except in specified cases. This principle ensures quick and assured compensation without lengthy litigation, strengthening employer accountability and reinforcing the concept of social responsibility in industrial relations.

  • Encouragement of Workplace Safety

The Act indirectly promotes safer working conditions by making employers financially responsible for accidents and injuries. When employers are aware of compensation liabilities, they are encouraged to adopt safety measures, provide protective equipment, and ensure compliance with safety standards. This objective helps reduce workplace accidents and occupational hazards, contributing to healthier and safer industrial environments.

  • Coverage of Occupational Diseases

The Act seeks to provide compensation for occupational diseases arising out of prolonged exposure to hazardous working conditions. Certain diseases are listed under the schedules of the Act and are treated as employment injuries. This objective acknowledges that harm to employees may develop over time rather than through sudden accidents and ensures long-term health risks are addressed through statutory compensation.

  • Quick and Simplified Relief Mechanism

An important objective of the Act is to ensure speedy and simplified settlement of compensation claims. The Act provides a legal framework that avoids complex court procedures and encourages prompt payment of compensation. By appointing Commissioners for Employees’ Compensation, the Act ensures that disputes are resolved efficiently, minimizing delays and ensuring timely financial assistance to injured employees or their families.

  • Social Justice and Labour Welfare

The Act reflects the principle of social justice by protecting economically weaker sections of society who are exposed to occupational risks. It ensures that workers are not left unsupported after workplace injuries. By providing mandatory compensation, the Act strengthens labour welfare policies and upholds the dignity of labour, aligning with constitutional goals of social and economic justice.

  • Promotion of Industrial Harmony

By clearly defining compensation obligations, the Act helps reduce conflicts between employers and employees. Guaranteed compensation fosters industrial harmony by minimizing disputes related to workplace injuries. Employees feel more secure, while employers benefit from reduced litigation and improved trust. This objective contributes to stable employer–employee relationships and supports smooth industrial operations.

Types of Compensation under the Employees’ Compensation Act, 1923

1. Compensation for Death

Compensation for death is payable when an employee dies as a result of an accident arising out of and in the course of employment. The amount is paid to the dependants of the deceased employee, such as spouse, children, and dependent parents. The compensation is calculated based on the employee’s monthly wages and age, subject to minimum limits prescribed under the Act. This ensures financial security for the bereaved family.

2. Compensation for Permanent Total Disablement

Permanent total disablement occurs when an injury permanently incapacitates an employee from performing any type of work. In such cases, the employee is entitled to compensation based on a prescribed percentage of wages and a relevant age factor. Examples include loss of both eyes or limbs. This type of compensation ensures long-term financial support, as the employee loses earning capacity permanently due to the employment injury.

3. Compensation for Permanent Partial Disablement

Permanent partial disablement refers to injuries that permanently reduce an employee’s earning capacity but do not completely prevent work. Compensation depends on the nature of injury and the extent of loss of earning capacity, as specified in the Act’s schedule. For non-scheduled injuries, compensation is assessed based on medical evaluation. This ensures proportional compensation based on the degree of disability suffered.

4. Compensation for Temporary Total Disablement

Temporary total disablement occurs when an employee is completely unable to work for a temporary period due to injury. In such cases, the employee is entitled to periodic payments, usually in the form of half-monthly compensation. These payments continue until the employee recovers or the disablement becomes permanent. This compensation helps maintain income stability during the recovery period.

5. Compensation for Temporary Partial Disablement

Temporary partial disablement occurs when an injury temporarily reduces an employee’s ability to perform work. The employee can still work but at reduced capacity. Compensation is provided in the form of half-monthly payments proportionate to the loss of earning capacity. This ensures partial income replacement during the period of reduced productivity, supporting the employee until full recovery.

6. Compensation for Occupational Diseases

The Act provides compensation for occupational diseases contracted due to prolonged exposure to hazardous working conditions. Diseases listed under the schedules of the Act are treated as employment injuries. Compensation depends on the nature and severity of the disease and its impact on earning capacity. This provision recognizes long-term health risks associated with certain occupations and ensures financial relief for affected workers.

7. Lump Sum Compensation

In cases of death, permanent total disablement, or permanent partial disablement, compensation is generally paid as a lump sum. This provides immediate financial assistance to the employee or dependants. Lump sum compensation helps meet long-term financial needs such as medical treatment, rehabilitation, or family maintenance, reducing the economic burden caused by employment-related injuries.

8. Half-Monthly Payment System

For temporary disablement cases, the Act provides for half-monthly payments instead of a lump sum. These periodic payments ensure regular income support during the period of disability. The payment system continues until recovery or assessment of permanent disability. This structured approach prevents misuse of compensation and ensures sustained financial assistance during the treatment and recovery phase.

Nature of Compensation under the Employees’ Compensation Act, 1923

  • Monetary Compensation

The compensation provided under the Employees’ Compensation Act, 1923 is purely monetary in nature. It does not include non-financial remedies such as reinstatement or job security. The objective is to provide financial relief to employees or their dependants for loss of income due to injury or death arising out of employment. This monetary compensation helps meet medical expenses, daily living costs, and long-term financial needs caused by employment-related risks.

  • Statutory and Compulsory

Compensation under the Act is statutory and compulsory, meaning employers are legally bound to pay compensation when conditions specified in the Act are fulfilled. The obligation exists irrespective of any agreement between employer and employee. This nature ensures uniformity and prevents exploitation of workers. Failure to comply may result in penalties, making the compensation mechanism legally enforceable and effective.

  • Based on Employment Injury

The compensation is payable only when injury or death arises out of and in the course of employment. This means there must be a direct connection between the employment and the accident or disease. Injuries occurring during working hours, at the workplace, or while performing employment duties are generally covered. This nature ensures that compensation is linked specifically to employment-related risks.

  • No-Fault Liability

A significant feature of the Act is the principle of no-fault liability. The employer is liable to pay compensation even if there is no negligence on their part. The employee does not need to prove fault or misconduct of the employer. This nature ensures quick and assured compensation, reduces litigation, and protects workers from prolonged legal battles to establish liability.

  • Wage and Age-Based Calculation

The amount of compensation is calculated based on monthly wages and age of the employee at the time of accident. The Act prescribes specific formulas and relevant age factors. This structured calculation ensures fairness and consistency. Higher wages and younger age generally result in higher compensation, reflecting potential loss of earning capacity due to injury or death.

  • Lump Sum and Periodic Payments

Compensation under the Act may be paid either as a lump sum or in the form of periodic payments, depending on the nature of injury. Lump sum payments are made in cases of death and permanent disablement, while half-monthly payments are provided for temporary disablement. This flexible nature ensures appropriate financial support based on the duration and severity of disability.

  • Exclusion of Certain Injuries

The Act excludes compensation in specific cases, such as injuries caused by wilful disobedience of safety rules, intoxication, or self-inflicted harm. These exclusions define the limits of compensation liability. This nature ensures fairness by preventing misuse of the Act and encouraging employees to adhere to safety norms and responsible workplace behavior.

  • Final and Binding Nature

Once compensation is determined and paid under the Act, it is generally final and binding on both employer and employee. Settlements approved by the Commissioner carry legal validity. This ensures certainty and avoids repeated claims for the same injury. The finality of compensation helps maintain industrial peace and provides closure to both parties involved.

Applicability and Coverage of the Employees’ Compensation Act, 1923

  • Applicability to Specified Employments

The Employees’ Compensation Act, 1923 applies to employees engaged in specified hazardous and non-hazardous employments listed in Schedule II of the Act. These include factories, mines, construction, plantations, transport services, and other notified employments. The Act primarily covers workers exposed to occupational risks, ensuring compensation for employment-related injuries. This targeted applicability focuses on sectors where chances of accidents and occupational diseases are relatively higher.

  • Coverage of Employees and Workers

The Act covers workmen employed directly or indirectly by an employer, including permanent, temporary, casual, and contract workers. Employees working through contractors are also covered if the injury arises out of employment. This wide coverage ensures protection to all categories of workers regardless of the nature of employment, preventing employers from avoiding liability by engaging workers on non-permanent or contractual basis.

  • Wage Limit and Employment Nature

Unlike some social security laws, the Employees’ Compensation Act does not impose a strict wage ceiling for coverage in many cases. Coverage is based mainly on the nature of employment rather than income level. This ensures that employees engaged in specified employments receive protection regardless of wage levels, making the Act more inclusive and effective in providing compensation for employment injuries.

  • Geographical Applicability

The Act extends to the entire territory of India, making it uniformly applicable across all states and union territories. There is no requirement for area notification for enforcement. This nationwide applicability ensures uniform protection to workers irrespective of geographical location and promotes equality in labour welfare legislation throughout the country.

  • Coverage of Occupational Diseases

The Act covers occupational diseases listed in Schedule III, treating them as employment injuries. Employees contracting such diseases due to prolonged exposure to hazardous working conditions are eligible for compensation. The degree of liability depends on the length of service and nature of disease. This coverage recognizes long-term health risks associated with specific occupations and ensures financial protection beyond accidental injuries.

  • Employer’s Liability in Covered Establishments

Employers in covered establishments are legally liable to pay compensation for injuries or death arising out of and in the course of employment. The liability exists regardless of fault, except in specified exclusions. This provision ensures accountability and obligates employers to safeguard employee welfare. It also encourages compliance with safety standards to minimize accidents and compensation claims.

  • Exclusions from Coverage

The Act excludes certain situations from coverage, such as injuries caused due to intoxication, wilful disobedience of safety rules, or self-inflicted injuries. Minor injuries not resulting in disablement beyond a specified period are also excluded. These exclusions define the boundaries of applicability and ensure that compensation is provided only for genuine employment-related injuries.

  • Continuity of Coverage

Once an employment falls under the Act, coverage continues as long as the employment relationship exists. Changes in the number of employees or temporary suspension of work do not affect applicability. This ensures continuity of protection for workers and stability in employer obligations, preventing avoidance of liability and ensuring uninterrupted compensation rights.

Procedure for Claiming Compensation under the Employees’ Compensation Act, 1923

  • Occurrence of Employment Injury

The procedure for claiming compensation begins with the occurrence of an accident or injury arising out of and in the course of employment. The injury may result in disablement or death. For a valid claim, there must be a clear connection between the accident and employment duties. Occupational diseases contracted during the course of employment are also treated as employment injuries under the Act.

  • Notice of Accident to Employer

The injured employee or dependants must give a notice of accident to the employer as soon as practicable after the injury. The notice should include details such as date, time, place, and cause of the accident. Though written notice is preferred, failure to give notice may be excused if the employer had knowledge of the accident or if there was a reasonable cause for delay.

  • Medical Examination and Treatment

After the accident, the injured employee must undergo a medical examination to assess the nature and extent of injury or disablement. The employer may require the employee to be examined by a qualified medical practitioner. Medical reports play a crucial role in determining the type and amount of compensation payable. Refusal to undergo medical examination may affect the employee’s claim.

  • Filing of Compensation Claim

If compensation is not voluntarily paid by the employer, the employee or dependants can file a formal claim before the Commissioner for Employees’ Compensation. The application should be filed within the prescribed limitation period, usually two years from the date of accident or death. The claim must include relevant details, medical evidence, and employer information to support the claim.

  • Role of the Commissioner

The Commissioner for Employees’ Compensation plays a key role in inquiry and adjudication of claims. The Commissioner examines evidence, hears both parties, and determines liability and amount of compensation. The authority has powers similar to a civil court. This ensures a fair and impartial settlement of disputes related to compensation claims under the Act.

  • Determination of Compensation Amount

The Commissioner determines the amount of compensation based on factors such as wages, age of the employee, nature of injury, and degree of disablement. Medical evidence and schedules provided under the Act are considered. Once the amount is assessed, the employer is directed to deposit the compensation with the Commissioner within the prescribed time limit.

  • Payment and Disbursement of Compensation

After determination, the employer must deposit the compensation amount with the Commissioner. In cases of death, the Commissioner distributes the compensation among eligible dependants. Direct payment to dependants without the Commissioner’s approval is not permitted. This ensures transparency and proper utilization of compensation funds, protecting the interests of beneficiaries.

  • Appeal and Penalties

Aggrieved parties may file an appeal against the Commissioner’s decision before the High Court on substantial questions of law. Additionally, if an employer fails to pay compensation on time, the Commissioner may impose penalties and interest. These provisions ensure compliance with the Act and safeguard employees’ rights to timely compensation.

Merits of the Employees’ Compensation Act, 1923

  • Financial Security to Employees

A major merit of the Employees’ Compensation Act, 1923 is that it provides financial security to employees who suffer injuries during the course of employment. Workplace accidents can result in loss of income and increased expenses. The Act ensures that affected employees or their dependants receive monetary compensation, helping them meet daily needs and medical costs, thereby preventing financial hardship and economic instability.

  • Protection to Dependants

The Act extends its benefits to the dependants of deceased employees, ensuring financial support in the event of death due to employment injury. Dependants such as spouse, children, and dependent parents are eligible for compensation. This merit recognizes the economic dependence of families on the earning member and provides a safety net, helping families maintain a reasonable standard of living after loss of income.

  • No-Fault Liability of Employer

One of the significant merits of the Act is the principle of no-fault liability. Employers are required to pay compensation irrespective of negligence or fault. Employees are not burdened with proving employer misconduct. This ensures speedy and assured compensation, reduces legal disputes, and strengthens employee protection, making the Act more effective and worker-friendly.

  • Encouragement of Workplace Safety

The Act indirectly promotes safe working conditions by making employers financially liable for workplace injuries. Employers are motivated to adopt safety measures, provide protective equipment, and maintain safer environments to reduce accidents. This leads to improved occupational safety standards and minimizes risks, benefiting both employees and organizations.

  • Coverage of Occupational Diseases

The Act recognizes occupational diseases as employment injuries and provides compensation for such conditions. Workers exposed to hazardous substances or unhealthy environments over long periods are protected. This merit acknowledges long-term health risks and ensures compensation even when injuries are not caused by sudden accidents, thereby broadening the scope of employee welfare.

  • Simple and Speedy Claim Process

The compensation mechanism under the Act is simple and less time-consuming compared to regular civil litigation. Claims are settled by the Commissioner for Employees’ Compensation, ensuring faster resolution. This reduces delays and legal expenses, enabling employees or their dependants to receive timely financial assistance during critical periods.

  • Nationwide Applicability

The Act applies uniformly across the entire country, ensuring equal protection to employees irrespective of location. This nationwide applicability eliminates regional disparities and ensures that workers in both urban and rural areas receive compensation benefits. Uniform enforcement strengthens labour welfare and promotes consistency in employee protection laws across India.

  • Promotion of Social Justice

The Employees’ Compensation Act, 1923 promotes social justice by protecting economically weaker sections of society who are more vulnerable to workplace risks. It ensures that injured employees are not left without support and that employers share responsibility for employment-related risks. This contributes to equitable labour relations and supports the broader objectives of employee welfare and social security.

Demerits of the Employees’ Compensation Act, 1923

  • Limited Scope of Coverage

One major demerit of the Employees’ Compensation Act, 1923 is its limited scope of coverage. The Act applies mainly to employees engaged in specified employments listed in the schedules. A large number of workers in the unorganized sector, agriculture, and self-employment remain outside its purview. This restricts the Act’s effectiveness in providing universal protection to all workers against employment-related injuries.

  • Inadequate Compensation Amount

The amount of compensation payable under the Act is often considered inadequate to meet long-term financial needs. Rising medical costs and inflation reduce the real value of compensation. In cases of permanent disablement or death, the compensation may not sufficiently support the employee or dependants over time. This limitation weakens the financial security objective of the Act.

  • Absence of Medical Care Provision

The Act provides only monetary compensation and does not ensure medical treatment or rehabilitation services. Employees must bear medical expenses themselves or depend on employer goodwill. Unlike the ESI Act, there is no provision for free medical care. This lack of integrated healthcare support reduces the effectiveness of the Act in addressing the complete welfare needs of injured workers.

  • Delay in Settlement of Claims

Although intended to be speedy, the claim process may suffer from delays due to administrative inefficiencies. Legal formalities, lack of awareness, and procedural complications can prolong settlements. In some cases, employees or dependants face difficulties in approaching the Commissioner, resulting in delayed compensation and financial hardship during critical periods.

  • Financial Burden on Employers

The Act imposes a direct financial burden on employers, especially small-scale and financially weak enterprises. Employers are required to pay compensation regardless of their financial capacity. This may discourage employment generation or prompt employers to avoid formal hiring practices. The absence of a contributory insurance mechanism increases the burden on individual employers.

  • Limited Awareness Among Employees

Many employees are unaware of their rights and procedures under the Act. Lack of awareness leads to underutilization of benefits and failure to claim rightful compensation. Workers in remote or unorganized sectors often lack access to legal guidance, making it difficult for them to pursue claims effectively and benefit from the protections offered by the Act.

  • Restricted Appeal Options

The Act allows limited grounds for appeal, mainly on questions of law. This restricts the ability of employees or employers to challenge decisions based on factual errors. Limited appeal rights may result in dissatisfaction and perceived injustice, particularly if compensation amounts or liability determinations are contested.

  • Overlap with Other Social Security Laws

The Employees’ Compensation Act overlaps with other labour welfare laws such as the ESI Act, 1948. In establishments covered under ESI, the applicability of the Compensation Act is excluded, leading to confusion among employers and employees. This overlap creates complexity in administration and understanding of social security entitlements.

Equal Remuneration Act 1976

The Equal Remuneration Act, 1976 provides for payment of equal remuneration to men and women and help prevent gender discrimination. Article 39 of the Indian Constitution envisages that the States will have a policy for securing equal pay for equal work for both men and women. To give effect to this constitutional provision, the Equal Remuneration Act, 1976 was introduced.

An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.

The purpose of the act is to make sure that employers do not discriminate on the basis of gender, in matters of wage fixing, transfers, training and promotion. It provides for payment of equal remuneration to men and women workers, for same work or work of similar nature and for the prevention of discrimination against women in the matters of employment.

The salient features of the Equal Remuneration Act, 1976

  • The Act is a Central Legislation and applies to the whole of India.
  • The objective of the Act is to provide for protection against discrimination of women workers on the ground of sex, about the payment of equal remuneration in the matter of employment.
  • Restricting the employer to create terms and conditions in a contract of service or work of labor contrary to equal pay for equal work doctrine and the provisions of Equal Remuneration Act.
  • The Act doesn’t make a distinction like employment or the period of employment and applies to all workers even if engaged only for a day or few days.
  • No overriding effect is given to any agreement, settlement or contract to the provisions of the Equal Remuneration Act.
  • Any settlement or any agreement with the employee that is detrimental to the employee isn’t allowed.
  • The Ministry of Labour and The Central Advisory Committee are responsible for enforcing this Act.
  • Meaning of equality of work: The equality of work is not based solely on the designation or the nature of work but also on factors like qualifications, responsibilities, reliabilities, experience, confidentiality, functional need and requirements commensurate with the position in the hierarchy are equally relevant.
  • When the employer doesn’t comply with the provisions of the act, he will be liable to pay fine, imprisonment, or both.

Various provisions of the Act

Every employer covered under this act shall pay the employees remuneration in cash/kind at a rate which shall not be less favourable to the other gender if the work is the same or of similar nature.

Same work or work of similar nature would mean if the work is performed under similar conditions either by a man or woman it would require the same skill, effort and responsibility. If there are any differences in the skill, effort and responsibility required from a man when compared to a woman the same is not important to the employment.

  • No employer shall be allowed to reduce the remuneration of any worker in order to comply with the provisions of this act.
  • In case the remuneration payable before the commencement of this act was different due to discrimination then going forward the higher(in case of two rates) or highest(in case of more than two rates) rate shall be payable. However the same shall not apply to the remuneration payable for the services rendered before the commencement of the act
  • While employees are recruited for work which is the same or of similar nature no discrimination shall be directed towards women unless any law prohibits the same. This provision is also extended to activities after recruitment i.e promotion, training or transfer. The reservations made towards Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of persons will not be affected by this provision.
  • An advisory committee shall be formed which shall consist of 10 members half of which shall be women and the committee shall focus on providing its advice for increasing the employment opportunities for women, hours of work, nature of work and such other matters.
  • Every employer is required to maintain registers and other documents in relation to the workers employed by him.
  • The appropriate government shall appoint inspectors for the purpose of investigation of compliance with the provisions of this act.
  • The Inspector shall have the power:
  • To enter any building/premises/factory/vessel
  • Require the production of documents
  • Take evidence from any person to confirm compliance of the act
  • Examine the employer/agent/servant

Payment of Bonus Act 1965

Payment of Bonus Act, 1965, is a significant piece of legislation in India designed to provide employees with a share of the profits generated by their employers. This act seeks to bridge the gap between the employer and employees, fostering a better relationship and ensuring fair distribution of profits.

Introduction and Objectives

The Payment of Bonus Act, 1965, was enacted to ensure that employees receive a bonus based on the profits earned by the company. The primary objectives of the Act are:

  • To provide for the payment of bonuses to persons employed in certain establishments.
  • To lay down the principles for calculating and distributing bonuses.
  • To bridge the economic gap between employees and employers by distributing a portion of the company’s profits to its employees.

Applicability

The Act applies to the following establishments:

  1. Factories: As defined under the Factories Act, 1948.
  2. Other Establishments: Any establishment employing 20 or more persons on any day during an accounting year.

However, the government has the power to extend the applicability of the Act to establishments employing less than 20 but not less than 10 persons, subject to certain conditions.

Eligibility:

  1. Employees Covered: The Act applies to employees drawing a salary or wage up to ₹21,000 per month.
  2. Continuous Service: Employees must have worked in the establishment for at least 30 working days in that year to be eligible for a bonus.

Disqualification:

An employee can be disqualified from receiving a bonus if they are dismissed from service for:

  • Fraud
  • Riotous or violent behavior.
  • Theft, misappropriation, or sabotage of any property of the establishment.

Computation of Bonus

  • Gross Profit Calculation:

The Act provides detailed schedules (Schedule I and II) for calculating gross profits for companies and other establishments. Gross profit forms the base for further calculations.

  • Available Surplus:

After calculating the gross profit, the next step is to determine the available surplus, which is calculated as: Available Surplus = Gross Profit – Prior Charges (such as depreciation, development rebate, investment allowance, direct taxes, etc.)

  • Allocable Surplus:

Allocable Surplus is defined as:

  • 60% of the available surplus in case of a company other than a banking company.
  • 67% of the available surplus in case of a banking company.

Minimum and Maximum Bonus

  • Minimum Bonus:

Every eligible employee is entitled to receive a minimum bonus of 8.33% of the salary or wage earned during the accounting year, or ₹100, whichever is higher. This minimum bonus is payable whether or not the employer has any allocable surplus in the accounting year.

  • Maximum Bonus:

The maximum bonus payable to an employee is 20% of the salary or wage earned during the accounting year. If the allocable surplus exceeds the amount required for payment of the maximum bonus, the excess shall be carried forward for the next four accounting years.

Calculation of Bonus

The bonus is calculated based on the salary or wage earned by the employee during the accounting year. Here’s a simplified example:

Assume an employee’s monthly salary is ₹18,000, and they worked for the entire accounting year.

Minimum Bonus:

  • Annual salary: ₹18,000 x 12 = ₹2,16,000
  • Minimum bonus: 8.33% of ₹2,16,000 = ₹17,998.8

Maximum Bonus:

  • Maximum bonus: 20% of ₹2,16,000 = ₹43,200

Therefore, the employee is entitled to a bonus between ₹17,998.8 and ₹43,200, depending on the available surplus.

Set-Off and Set-On

  • Set-Off:

If there is no allocable surplus in a particular accounting year, the employer can set off the amount of the minimum bonus paid against the allocable surplus of the subsequent accounting years up to four years.

  • Set-On:

If the allocable surplus exceeds the amount required for the maximum bonus, the excess amount is carried forward to the next accounting years, up to four years, to be used for paying bonuses in those years.

Payment of Bonus

The bonus must be paid within eight months from the close of the accounting year. However, the time limit can be extended by the appropriate authority upon application by the employer.

Grievance Redressal

Employees have the right to approach the appropriate labor authority if they believe they have not been paid the bonus they are entitled to. The labor authorities, such as the Labor Commissioner or the Labor Court, have the power to resolve disputes regarding the payment of bonuses.

Penal Provisions

Employers who contravene the provisions of the Act, such as failing to pay the due bonus, can face penal consequences. The penalties can include:

  • Fine: Up to ₹1,000.
  • Imprisonment: Up to six months, or both.

Additionally, the employer may be required to pay the due bonus along with interest.

Recent Amendments

The Payment of Bonus Act has undergone several amendments to keep pace with economic changes and inflation. Notable amendments include the enhancement of the salary eligibility limit and the calculation base for bonuses.

  • 2015 Amendment:

The salary eligibility limit was raised from ₹10,000 to ₹21,000 per month. The calculation ceiling for the bonus was also amended to include employees earning up to ₹21,000 per month.

Payment of Gratuity Act 1972

The Payment of Gratuity Act, 1972 is a social security legislation enacted to provide monetary benefits to employees in recognition of their long and continuous service. Gratuity acts as a retirement benefit and also as a form of social security to support employees after leaving service due to retirement, resignation, death, or disablement. The Act ensures uniformity and legal obligation on employers to pay gratuity to eligible employees.

Objectives of the Payment of Gratuity Act, 1972

  • To Provide Social Security to Employees

One of the primary objectives of the Payment of Gratuity Act, 1972 is to provide social security to employees after the termination of their service. Gratuity serves as a financial cushion for employees when they retire, resign, or are otherwise separated from service. It helps employees meet post-retirement needs such as medical expenses, household requirements, and social obligations, thereby ensuring financial stability during a vulnerable phase of life.

  • To Reward Long and Continuous Service

The Act aims to recognize and reward employees for their long, continuous, and dedicated service to an organization. Gratuity acts as a token of appreciation for the loyalty and commitment shown by employees over the years. By providing a lump-sum payment based on years of service, the Act motivates employees to remain with the same employer for a longer duration and contribute positively to organizational growth.

  • To Ensure a Statutory Right to Gratuity

Another important objective of the Act is to make gratuity a statutory right rather than a voluntary or discretionary benefit. Before the enactment of this Act, gratuity payments depended largely on the goodwill of employers. The Act legally obligates employers to pay gratuity to eligible employees, thereby protecting employee interests and ensuring uniformity and fairness in the payment of gratuity across establishments.

  • To Reduce Post-Retirement Hardships

The Act seeks to reduce financial hardships faced by employees after retirement or termination of service. Many employees depend heavily on gratuity as a source of lump-sum income to settle debts, support dependents, or invest for future security. By ensuring timely and guaranteed payment of gratuity, the Act helps employees maintain a reasonable standard of living even after their regular income ceases.

  • To Promote Industrial Peace and Harmony

The Payment of Gratuity Act, 1972 aims to promote industrial peace and harmonious relations between employers and employees. When employees are assured of receiving gratuity as a terminal benefit, it reduces dissatisfaction and disputes related to retirement benefits. This sense of security fosters trust, improves morale, and minimizes conflicts, thereby contributing to a stable and cooperative industrial environment.

  • To Provide Uniformity in Gratuity Benefits

The Act ensures uniformity in the payment of gratuity across different sectors and establishments. It lays down clear rules regarding eligibility, calculation, and payment of gratuity, eliminating ambiguity and arbitrary practices. Uniform provisions help prevent discrimination among employees and ensure that workers in similar positions receive equal treatment, irrespective of the nature of the organization they serve.

  • To Encourage Employee Loyalty and Stability

By linking gratuity eligibility to continuous service, the Act encourages employees to stay with an organization for a longer period. This objective promotes workforce stability and reduces employee turnover. Loyal and experienced employees contribute to higher productivity and efficiency, benefiting both employers and employees. Thus, the Act indirectly supports organizational development through employee retention.

  • To Strengthen the Social Security Framework in India

The Act plays a significant role in strengthening the overall social security system in India. Along with provident fund and pension schemes, gratuity forms an important component of employee welfare measures. By providing assured financial support at the end of service, the Act reflects the government’s commitment to employee welfare and social justice, especially in the organized sector.

Applicability

The Act applies to the following establishments:

  • Factories: As defined under the Factories Act, 1948.
  • Mines: As defined under the Mines Act, 1952.
  • Oilfields: As defined under the Oilfields (Regulation and Development) Act, 1948.
  • Plantations: As defined under the Plantations Labour Act, 1951.
  • Ports: As defined under the Major Port Trusts Act, 1963.
  • Railway Companies: As defined under the Indian Railways Act, 1890.
  • Shops and Establishments: Employing ten or more persons on any day of the preceding twelve months.

Eligibility for Gratuity

To be eligible for gratuity under the Act, an employee must satisfy the following conditions:

  • Continuous Service:

The employee must have rendered continuous service for at least five years. However, this condition is not necessary if the cessation of employment is due to death or disablement due to accident or disease.

  • Type of Employment:

Employees covered under the Act include workers from the public and private sectors, excluding apprentices and persons holding civil posts under the Central Government and State Governments, who are governed by other gratuity rules.

Calculation of Gratuity

The gratuity amount is calculated based on the employee’s last drawn salary and the years of service rendered. The formula for calculating gratuity is:

Gratuity = (Last drawn salary) \times(15/26) \times(Number of years of service)

Where:

  • Last drawn salary includes basic salary and dearness allowance.
  • 15/26 represents 15 days of salary for each year of service, with the monthly salary divided by 26 (the number of working days in a month).

For example, if an employee’s last drawn salary is ₹30,000 per month and they have completed 20 years of service, the gratuity would be calculated as follows:

Gratuity = 30,000 × (15 / 26) × 20 ≈ ₹3,46,154

  • Maximum Limit

The maximum limit for the gratuity payable under the Act is ₹20 lakh. However, the government may revise this limit from time to time.

Payment and Nomination

  • Time Limit for Payment:

Gratuity should be paid within 30 days from the date it becomes payable. If there is a delay, the employer is liable to pay interest on the amount from the due date until the payment date.

  • Nomination:

Employees are required to nominate a person or persons to receive their gratuity in the event of their death. The nomination can be changed anytime and must be submitted in a specified form.

Forfeiture of Gratuity

The Act provides for forfeiture of gratuity, either wholly or partially, under specific circumstances:

  • Misconduct

If the services of an employee have been terminated for any act, willful omission, or negligence causing damage or loss to the employer, the gratuity amount to the extent of the damage or loss can be forfeited.

  • Riotous or Disorderly Conduct

If the employee has been terminated for riotous or disorderly conduct or any other act of violence on their part, the gratuity can be wholly or partially forfeited.

  • Moral Turpitude

If the employee has been terminated for any act which constitutes an offense involving moral turpitude.

Grievance Redressal

If an employee or their nominee is not paid gratuity within the stipulated time or has any grievance related to the payment, they can make an application to the controlling authority (usually the Assistant Labour Commissioner) for resolution. The controlling authority has the power to hear and decide upon such cases.

Penalties for Non-Compliance

Employers who fail to comply with the provisions of the Act can face penalties, including:

  • Fine: Up to ₹20,000.
  • Imprisonment: Up to one year, or both.
  • In case of non-payment: If an employer fails to pay the gratuity due to the employee, the controlling authority can direct payment along with simple interest at a specified rate.

Recent Amendments

Payment of Gratuity Act, 1972 has been amended several times to enhance its scope and benefits. Notable amendments are:

  • Increase in Ceiling:

Gratuity ceiling was increased from ₹10 lakh to ₹20 lakh, aligning with the recommendations of the Seventh Pay Commission.

  • Maternity Leave:

Maternity Benefit (Amendment) Act, 2017 increased the maternity leave to 26 weeks, which is also considered as continuous service for the purpose of calculating gratuity.

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