Law, Legislation & Guidelines
1. “Law” refers to a system of rules put into place by a society to regulate the behavior of its members and impose penalties for violation. It is a system that regulates and ensures that individuals or communities adhere to the will of the state.
2. “Legislation” is the process of making or enacting laws by the legislative body of a country or institution. This generally involves drafting, consideration, and passing of a bill, after which it becomes an act or law.
3. “Guidelines” are advice or instructions issued by an authoritative body. These are not legally binding but are meant to guide the actions in a particular area.
Understanding Executive Compensation, Employee Benefits, and Share Schemes: A Guide to Indian Law, Legislation & Guidelines
Executive compensation, employee benefits, and share schemes are integral parts of the corporate world. Understanding these aspects requires knowledge of various legislations and guidelines prevalent in India. Here is a comprehensive overview:
1. Companies Act, 2013: This act governs executive compensation in India. As per this act, remuneration payable to directors, including managing directors and whole-time directors, shall not exceed five percent of the net profits for one such director and ten percent for more than one such director.
2. Payment of Wages Act, 1936: It is related to the payment of wages to certain classes of employed persons. It ensures that employees receive wages on time without any unauthorized deductions.
3. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: This legislation governs the provision of retirement benefits to workers employed in factories and other establishments.
4. The Payment of Gratuity Act, 1972: This provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, and shops or other establishments.
5. Securities and Exchange Board of India (SEBI) Guidelines: SEBI regulates the issue of shares and share-based employee benefits. It outlines the regulations for employee stock option plans and employee stock purchase schemes.
6. Income Tax Act, 1961: The provisions of this Act determine how various components of executive compensation, employee benefits, and share schemes are taxed.
Legal experts interpret these laws to navigate through the complexities and aid businesses in complying with the regulations. Misinterpreting or ignoring these laws can lead to legal battles, hefty fines, and serious damage to the company’s reputation. Therefore, understanding the Indian law, legislation, and guidelines is crucial for managing executive compensation, employee benefits, and share schemes effectively and legally.