Most businesses whether it is small or a large organization has to recruit employees on a continual basis.
There are lots of hassles involved in this tedious process which is why companies face a situation when they find it difficult to determine whether to hire an HR consulting firm or take help of an employment law consultant who has a lot of knowledge about labor law and its compliance.
Well, employment law involves both federal as well as state regulations that you must abide by or face legal obligations, a lawsuit and even cancellation of state sanctions and registration of your company. This law plays a significant role in managing your workforce effectively, efficiently and productively.
However, the law is convoluted and therefore can cause a lot of headache for any organization, large or small, if you do not take the right approach and work it out appropriately.
Apart from the complex nature of the employment law, the constant changes that are made to it add to your woes. In such situations, a Labor law consultant seems to be the best aide.
Therefore, it is necessary that you know and consider the various state laws that are applicable to the workforce in that particular state.
Moreover, if you operate nationally and hold contracts with the government, then you will have to follow several other additional regulations and guidelines.
You have to monitor it regularly, and that is why it is crucial that you have an efficient and experienced team by your side.
As a leader of your organization, it is your legal responsibility.
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Whom to hire
If you want to be labor law compliant, you can hire an HR consultant or an employment attorney. However, to make the right choice you will need to know who does what and their limitations if any.
They are the two types of professionals who can help your organization regarding employment law and compliance.
They specialize in this field. In a few organizations, both employment attorneys and human resource professionals work together to provide better and more effective solution to the organization.
However, if you need to choose any one of the two, it is essential that you know their jobs and responsibilities first.
This will help you to make the right decision whether to select one of the best Labour Law Consultants in India or hire the best HR consultant that is best suited for your company.
Responsibility of an HR consultant
If you want to hire an HR consultant, the duties of the professional will involve:
- Taking a proactive approach to maintaining your workforce
- Helping you in mitigating risk
- Guiding you to maintain labor law compliance and
- Recommending and implementing best practices in HR.
These HR professionals work on the expansive scope of handling a workforce. This includes:Compliance
- Performance management
- Benefits administration
- Recruiting and hiring
- On boarding
- Employee relations
However, the HR consultants will not be able to handle employment law as they are not specialized in this field.
They may only guide you to be compliant as they are well versed with employment law and regulations of the state or the nation.
But for handling any issues and litigation, you will need to look at one of the best Labour Law Firms in India for that matter.
The primary function of the HR consultant is to maintain a proactive HR function identify the potential risks and mitigate it as much as possible through corrective action plans such as performance management, policy enforcement, and others.
A good HR consultant will tell you when you need to loop an employment attorney to handle a specific situation.
They will always work keeping the best interests of the organization in mind.
Hiring an employment consultant
On the other hand, when you hire an Employment law consultant, you will have all the services that will cover labor law compliance but add to that you will also get legal help and guidance as and when required.
Though the person will not be able to forecast how situations will unfold or guarantee a zero risk, such specialist is very helpful in situations and actions that might result in litigation. With their specialized knowledge with regards to employment law and court case history that they bring to the table, they will help you to walk through the preparation processes that ensure due diligence of your organization.
This will prevent any situation that may result in legal conflicts and obligations. The situation, potential risks to the organization and its consequences will be assessed better and proper recommendations will be suggested to mitigate the risks involved in such actions.
You will not only know how the law is written but will also have a proper explanation of the process, the law, and its possible outcomes. You will know how the case will be handled and administered in the court and will have proper guidance for the documentation that will strengthen your case in the court of law
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Hiring the right person
You can do with an HR consulting firm if you are reviewing the complete management of your workforce. On the other hand, if there are critical issues to handle such as reduction in workforce and others, you will probably need legal assistance of a labor law firm.
However, if cost is a factor to you, then an HR consultant is much more cost effective which is why you must consider the fees so that you take a decision that is productive and beneficial for your business.