Monday, August 31, 2009

Reporting To Two Bosses

I work for a reputed company as HR Executive for past 9months ,from day 1 I was reporting to my Manager operation and now we have our Head HR joined the organisation and she redesigned entire reporting structure even policy & procedures was redesigned. I was instructed to report functionally to my Manager HR (she too is a new joinee) and administratively to my Manager operation. Here starts the problem, Head HR wants me to take responsibility of handling another group of company aswell with no change in my pay but Manager operation doesnt want me to take any additional responsibility without any increase in my Pay. I really dont know what to do? This situation is applicable for every single work of mine…If she asks me to do any report he doesn’t want me to do..only after a big cold war things come better. Expecting your valuable suggestions.

You are facing problem because of office politics and reporting to two bosses who don’t communicate or work well together making it more complicated. It seems you also want or given any sign that you want increase in pay otherwise why should your boss making it an issue. Talk to your bosses and clear your picture otherwise management will think it is you who is creating problem. You have to be careful otherwise you will be caught in the crossfire. Stay attentive for any conflicting messages you receive and be careful not to put yourself in the middle of a disagreement. “Trying to broker a compromise without the input from either, or only from one, is deadly. You can approach such a situation by asking them for resolution some direction," said John Reddish. When you receive any conflicting messages from the two bosses, it is your duty to kick the problem back to them to resolve it. Avoiding the conflict is a common theme among those who have survived this experience. Communication is key to survival, so continually keep open and transparent communication with them. Remember no Favorites and no gossips.

It is obvious that you are experiencing pressure because of this situation. If you break at pressure then it might results into career problem and if you handled the situation successfully then you will go long way. Your ability to handle this situation will practically make or break your career.

Thursday, August 27, 2009

Notice Period

I am working in company X Ltd for the last 1yrs 3months. Now I resigned. My senior managers are asking me to work for 1month as notice period, till 15-Sep. I put my resignation on 17-Aug. As I am planning to relocate, I can’t work after 31-Aug. The company is asking me to pay for the remaining 15 days. If I am not willing to work from 1-Sep to 15-Sep, what should I do? Please help...

For notice period please check your appointment letter exit clause. In most of the cases employee have to serve notice period or pay salary in lieu for notice period. It will be better if you serve notice period if it is not possible than talk to your HR and pay salary in lieu for notice period. If you will not serve notice period or do not pay salary than you will invite trouble for you. HR might not give you reliving letter and there can be problem while your PE check. It will be better if you do not brake bridges, be professional and have smooth, proper and right exit. So that you do not face any problem in future. Remember world is small, you might have to face same people (HR & Boss) again in life.

Wednesday, August 26, 2009

Probation Period

My appointment letter states that I shall be on probation for 6 months, or till such a period that I get my confirmation in writting. I have worked for over 26 months in this Company and am still on probation. Is there a time limit for the period of probation & what if I want to leave the Company or am sacked? Till date no employee has received any confirmation letter,some have even served for more than 1-2 years.

As per industrial dispute act if any employee work in organisation for more than 240 days then he will be entitled for all the benefits of permanent employee. As you have crossed the said limit and organisation had not given you any letter whether confirmation or termination of your service then you are impliedly confirmed(Confirmed by the act of employer) So legally you are confirmed (permanent employee) not on probation. If you want to leave the organisation then you have to follow process as per exit clause of your appointment letter. All the rules and regulations which apply to permanent employee you are also govern by them. it seems that in your organisation HR departement is not serious in issuing confirmation letter they have put confirmation clause in appoitnement for sake of puting it. It will be better if they follow right policy.

Monday, August 24, 2009

Is a sales executive eligible for salary if he doesn't bring business?

I worked for an organization where there is sales process and executives are supposed to give business to the company. Last month they have not given any business so are they eligible to ask for the salary if they have resigned. Moreover the company has not given offer letter to the employees.

Organisation not giving appointment letter, not giving salary and don't want to do full and final settlement of employees.........then what HR department is doing? If you hire employee then you have to pay salary. You can not hold salary of employee by giving mere reason that he is not bringing business. If you are doing this then you are violating the provisions of payments of wages Act and digging a grave for organisation. As per Industry dispute act you have to clear the dues of employee when he resigned or left the organisation. If you are not following law of land then you are inviting trouble. It's seems that your HR policy are in mess better short it out immediately.

Saturday, August 22, 2009

Overstaffed and understaffed at the same time

Explain how an organisation can be overstaffed and understaffed at the same time.

This type of situation arises in organisation when in quantity have more employees but in quality have less number of competent employees. Take an example: If any organisation practically required 100 employees to perform any task and they are having 110 employees then also facing difficulty in completing task effectively and efficiently. It means organisation is in quantity overstaffed and in quality understaffed at the same time.

It is very important point and most of the organisation at time of human resource planning take into consideration quantity and quality of employees. For matching quantity action is Recruitment or retrenchment. For matching quality requirement solution is Training & Development and promotion.

Thursday, August 20, 2009

PF Query

My salary is without any deductions. However, we can get the PF deducted every month by choice. Incase I opt for PF deductions my company refuses for employer's contribution. So is the employer's contribution depends on company's own discretion?

It seems your salary is more than ten thousand so you are out of compulsory PF (Provident fund). If you want than you can be part of PF by choice. In that case company have to pay there part (i.e 12 % of Wages) you can increase your share but company limit is fixed. Employer’s contribution did not depend upon company discretion they have to do there part.

Most of the company put PF contribution part in CTC (Cost to company). Now I assume in your case employer PF contribution is not a part of CTC because you do not come in preview of PF. Now if you voluntarily opt for PF than employer will also have to pay contribution. In that case you will cross your CTC mark and company hired you on the bases of CTC. So company will take both contribution from your CTC (I am not saying from your salary remember both are different) and your net take home will be reduce from the current.

Friday, August 14, 2009

Is it right to change the organization within one year?

Now days there is fad to change the organization for salary hike, Is it right to change the organization within one year? What will be the future effect on career due to the same?? Pls. share your voluble thoughts.

Job hopping becomes a trend in today’s corporate world. It seems that youth want to become millionaire in one night and they lack loyalty and patience. Most of the organisations do not consider job hopping candidates seriously. Mere changing job because of high salary or position without clear objectives would lead to various aberrations. It is not fair and in long run it will not pay. It is not a question of right or wrong? It is question of ethics? In booming economy job hoppers will get benefit but in downturn they will be first to see gate and company will think thrice before hiring job hoppers for higher posts.

When we join any organisation we should add value to organisation and our self. One year is short duration in which neither you learn much nor organisation gets any benefit from you. Inability to establish enduring roots would also prevent benefits that may otherwise occur from the surroundings and situations. It was rightly noted rolling stone gathers no moss. So the starting point invariably is stability and that capacity to labour and to wait.

Thursday, August 13, 2009

legal aspect for Notice pay

Is there any legal aspect for Notice pay? As per our HR policy we consider basic salary of one month in lieu of one month notice. Some companies are following gross salary. In our company rotation is on higher side so we decided basic salary. Please advice.

Notice pay is as per the exit clause of appointment letter. It is a compensation given by one party (Who broke the contract) to other party because of the breach of contract. Law regarding breach of contract is given in section 73 of Indian contract Act 1872.

Section 73 is declaratory of the common law as to damages. The basic purpose of damages is to put party whose rights have been violated in the same position, so far as money can do so, as if his rights have been observed. When compensation sum is named in a contract as the amount to be paid in case of breach then it is know as liquidated damages. Example in the employment contract. When it damages are not given in contract then it known unliquidated damages in these damages will be defined by court on the bases of reasonableness and facts of the case.

Section 74 contract of contract act deals with liquidated damages and penalty. Whether they compensation amount mentioned in contract is liquidated damages or penalty will be defined by court. Compensation amount mentioned in contract will be maximum damages if court found that amount is not reasonable then it can reduce it because compensation is only given for losses not for penalty but court can not increase compensation amount.

By keeping section 73 and 74 of contract act in view organisation should put reasonable and clear amount in exit clause of appointment letter to avoid legal hassle. It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will given to party who don’t make the contract. (i.e. party who make the term of contact will suffer) As you know in Indian law there are many definition of wages or salary. Wages defined differently in every act. So it is advisable to clear in appointment letter that whether Salary means basic or gross as a notice pay. If you don’t make it specific and clear than whole purpose of putting liquidated damages in appointment letter is nullified.

Monday, August 10, 2009

Boss forcing to put down papers

I joined this organization on Feb'09 as manager- Training and Facilitation. Now two months after joining this company, I came to know that they have no client base and don't even have training course material to be delivered to their prospect client. They then told me last month to start doing Business Development through cold calling and generate a business worth 35 Lakhs in the next six months. Sir, I have never done sales or Business Development in my entire professional career. No matter how hard I tried, I have only fixed few meetings. Now my boss, says I have to put down papers as I am not able to generate the business without giving me any notice to think about.

My question is that I joined this company as a trainer who will b delivering the training and doing vendor management, training calendar booking and content development for their CRT and E-learning portal. Then is it legal for the company to fire me for able to do Business Development. I am doing my primary job well as and when I am asked for. Please help me as I got married recently and am not aware of the policies of labour act and it is hard to get a new job at short notice.

It is wrong on the part of Management to hide the facts and providing false job description to you at time of hiring. Many organisation at time of recruitment to fill vacancy asap make wrong moves which not only harm organisation but employee also. Unfortunately you are also facing problem because of wrong decision taken by HR.

Please check your appointment letter. What it says about work profile and exit clause? Most of the appointment letter have work profile clause which favors employer. I assume you are on probation so I think if employer wants to remove you he will find out a way. For employee during probation it will be little difficult to challenge management. I am not saying it is impossible if you want to fight, court doors are open; in that case better talk to lawyer. Chances of wining will depend on the appointment letter and facts of the case. So better start documentation.

I will suggest you should take it as an opportunity, try your best to do your part and be prepare for worst. Talk to management and convince them that you are trying your best to achieve targets and require some more time. In the meantime deadly search for the new job. you can also talk to your ex-employer hope you can join them back. (Some organisation takes employee back if there is good relation between them). Learn from this experience and in future before joining any organisation better probe and take due care. Good Luck!!

Payment by cheque or cash

Please advise whether there is a provision in labour laws regarding payment of wages/salaries through bank transfer only in all the cases, i.e. contractor and own staff.

All legal provisions relating to payment of wages are taken care in Payment of Wages Act, 1936. Major objective of this act is regulating payment of wages, imposition of fines and deductions from wages, and eliminating all malpractices by laying down wage periods and time and mode of payment of wages. It applicable to the employees receiving wages below Rs. 1,600 p.m. either directly or through a contractor, are also covered under the Act.

Section 6 of this act deals with mode of payment. It says all wages shall be paid in current coin or currency notes or in both. (Provided that the employer may, after obtaining the written authorization of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account).

So it will depend on company policy how you want to pay. While forming policy keep in mind that mode of payment is also a source of exploitation if not taken care properly. Take an example of National Rural Employment Guarantee Scheme (NREGS) in this Scheme mode of payment was through postal and bank accounts. The payments, held up for months due to procedural delays in banks and post offices. You know it is very difficult for poor people to open bank account.

Same time it is more pathetic when cash money paid to worker through contractors. Many workers are not made any regular payments. Their money supposedly remains deposited with the contractor. The contractor gives them some money or sends it to their families when there is a need. Obviously if the contractor refuses to pay them the pending wages at the time of completion of work they will not have a proof of the same. (Every one know how smart contractors are they make false documents for legal purpose)

It is advisable to credit the wages in bank account of employees (if it possible to have account for poor people) it will make your process fast, respectable and reliable. Same time it will help in putting hold on corruption.

Sunday, August 9, 2009

Employees leave the job because of top management

What a HR person should when employee leave job bocoz of top mgt? If mgt demand after every some time to employee to give report that what u have done in last 3 months or in last 6 months like this.....N THEN AFTER FRUSTRATION EMPLOYEE WANT TO LEAVE THE JOB, then what HR person should and against whom? Make employee understand that why top mgt need report every time by him giving some reasons or to mgt that they should not demand like this or something else HR can do?

Management have every right to ask or seek what employee is doing. It is responsibility of HR and Line manager to communicate effectively and properly (policy) to employee. These types of situation arise in operations, cases over staffing; nature of job is such that some time employees have lots of work and other time little or no work (such as in IT organisation).

Make a policy that employee maintain daily log book which contain details of all work done in a day. Superior must check the log book and give advice (if required) to employees so that individual works in line to the objects of organisation. If employees have little or no work to do in that case tell them to learn something related to there profile so that it will enhance there competency and also help organisation at time of need. It is great opportunity for HR to use free hours for training and development.

I think this will solve your problem. Employee will have record of what they do and they can provide it whenever required. It will also help management in having more information about person, task and organisation.

Saturday, August 8, 2009

Difference between VSS and VRS

What are the differences between Voluntary Separation Scheme and Voluntary Retirement Scheme?

Voluntary Retirement Scheme (VRS) and Voluntary Separation Scheme (VSS) are aimed at reducing the manpower in an organisation by alluring an employee with compensation based on the number of years of service put in and the number of years of service left.

All regular employees having rendered minimum 10 years of continuous service and below 55 years of age are only eligible for availing of the facilities of VRS. For implementing VRS, the organisation has to get the approval from the Labour Department and if there is a Labour Union in the organization, they must approve of the scheme too.

Issue with VRS is that it is not applicable to work-charged and Nominal Muster Roll employees although they may have been engaged continuously for long periods. With these restrictions, however, the problem of separation of employees of the sick and unviable organisation cannot be effectively addressed. Many of the employees of such organisation cannot be offered VRS because of their age factor, period of service rendered in work-charged/ NMR establishment or because of non-regular nature of their appointment. So to resolve this problem Voluntary Separation Scheme (VSS) came into existence.

Both schemes are essentially an offer of "golden handshake" to reduce the headcount in organisation. However, on the negative side of it, good, employable employees leave thus leaving the organisation with deadwoods.


I am shubhangi. I am doing my project with Meghalaya Rural Development Society and Government of Meghalaya. My project topic is "competency mapping for honey enterprise". Could you suggest me some competencies are required for honey enterprise in rural area. Your response would be a great value addition to my project.

Your project sounds good and it is encouraging that you had chosen a ground level, very important topic for your project. I am not having experience of honey enterprise. So i don't think i will able to give you solution. But i will try my best to show you path. According to me basic purpose of projects is to learn more and more from primary sources, find out all sides, plus and minus of topic and on bases of your finding give suggestion. so that it add value not only to you but all other people who is related to your projects.

You can divide your project in small parts. Talk to people and try to find out who are the key players in honey industry (honey-wax collector, storer, processor etc.) and what are there roles? After finding players and there roles further divide the roles/Job into tasks. Then through your keen observation, interview, discussion etc try to find out how best player do there task. When you are focusing on task try to find out knowledge, skills and specific behavior (habit) required to achieve objectives (or shown by best players). By doing this for every task you will find out what are the competency required for particular job (role). Now mark these competencies on scale from 0 to 5. O means novice and 5 means expert. Now can compare competency of individual and you can train them to enhance there competency.

It is game of finding out competency, check, and tries to achieve. Competency mapping is very time, money and resource consuming field. Only good organizations try to work on this and others read it in books and do mapping on papers.

Read as much as you can and try to focus on primary sources and filed research then only you can add value.