This is the reason why workers lynch personnel and HR managers. They are not fit to be HR professionals. The HR professional should have the courage to side with truth and justice rather than be a tool in the hands of the management. It takes a lot of courage to call a spade a spade and even more to be a professional HR manager.
Dr. Mohsin Shaikh
9604012473
From India, Pune
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6Dr. Mohsin Shaikh
9604012473
From India, Pune
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Dear PLB,
You have mentioned that the person is upright like CAG, and it is going to affect the revenue stream of others. Does it mean others are indulging in some illegal/immoral gain from your company? And this man, being upright, loyal, and hard-working, would expose them. The management should rather keep him employed with back increments and some appreciation letter. Even if he is not required now, he should be given his dues and helped at this stage of his career to find some placement.
Please be upright yourself and discuss with your bosses.
Ravi Thakur
From India, New Delhi
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You have mentioned that the person is upright like CAG, and it is going to affect the revenue stream of others. Does it mean others are indulging in some illegal/immoral gain from your company? And this man, being upright, loyal, and hard-working, would expose them. The management should rather keep him employed with back increments and some appreciation letter. Even if he is not required now, he should be given his dues and helped at this stage of his career to find some placement.
Please be upright yourself and discuss with your bosses.
Ravi Thakur
From India, New Delhi
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Dear Ms. Premlata,
Just a point aside from this case: Indian courts have a huge backlog of cases, not just because there is a shortage of courts, judges, infrastructure, etc., but we collectively add to this by creating a legal case where there is none. This is a classic case in that regard. You are pushing an employee to go to court (even when he is not very keen... or so I gather).
As an HR professional, you can involve all concerned parties (happy and not-so-happy members) working at different levels, creating a conducive environment for a happy parting with this employee. At the age of 57, he is not likely to find a similar job. Please treat him as a human being with family, friends, and other liabilities and give him all his dues.
Many times, an HR professional has to do the unpleasant job of holding a mirror to management, even at the risk of their own appraisal. But as they say, "Ships in harbor are safer than those at sea, but that is not what they are meant for."
Best of luck,
Col. S.S. Raikar (Retired)
From India, Mumbai
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Just a point aside from this case: Indian courts have a huge backlog of cases, not just because there is a shortage of courts, judges, infrastructure, etc., but we collectively add to this by creating a legal case where there is none. This is a classic case in that regard. You are pushing an employee to go to court (even when he is not very keen... or so I gather).
As an HR professional, you can involve all concerned parties (happy and not-so-happy members) working at different levels, creating a conducive environment for a happy parting with this employee. At the age of 57, he is not likely to find a similar job. Please treat him as a human being with family, friends, and other liabilities and give him all his dues.
Many times, an HR professional has to do the unpleasant job of holding a mirror to management, even at the risk of their own appraisal. But as they say, "Ships in harbor are safer than those at sea, but that is not what they are meant for."
Best of luck,
Col. S.S. Raikar (Retired)
From India, Mumbai
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dear members; well i want important labour judgment in 2012 of various courts pl help me to get it by s elango member
From India, Erode
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From India, Erode
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Dear Premlata,
Thank you for sharing the facts and your dilemma. It is gratifying to know that you are able to see the situation objectively, without taking the side of the unethical management of your company.
I also fully agree with others on this and the line of action suggested.
As you can see for yourself, the person is being victimized because he is upright and fair. He is able to take every obstacle and humiliation in his stride, unflinchingly. He has done his job and achieved his tasks and targets. However, he has been deliberately overlooked for increments for the past five years.
It is ironic and evil that the management, instead of rewarding and appreciating such an employee, is bent upon discarding him ruthlessly since he has delivered what was expected of him.
Given his experience and ability, it is evident that he can go to the Civil court (not being a workman) and present his case forcefully along with evidence and witnesses. There is a good probability that he may win, which will be very costly and embarrassing for the management.
Therefore, it is better if the management pays him his rightful dues. As an HR professional, it is your moral responsibility to ensure that this is done.
Warm regards.
From India, Delhi
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Thank you for sharing the facts and your dilemma. It is gratifying to know that you are able to see the situation objectively, without taking the side of the unethical management of your company.
I also fully agree with others on this and the line of action suggested.
As you can see for yourself, the person is being victimized because he is upright and fair. He is able to take every obstacle and humiliation in his stride, unflinchingly. He has done his job and achieved his tasks and targets. However, he has been deliberately overlooked for increments for the past five years.
It is ironic and evil that the management, instead of rewarding and appreciating such an employee, is bent upon discarding him ruthlessly since he has delivered what was expected of him.
Given his experience and ability, it is evident that he can go to the Civil court (not being a workman) and present his case forcefully along with evidence and witnesses. There is a good probability that he may win, which will be very costly and embarrassing for the management.
Therefore, it is better if the management pays him his rightful dues. As an HR professional, it is your moral responsibility to ensure that this is done.
Warm regards.
From India, Delhi
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Dear Fellow HR colleague,
Your Mr. X is not asking for anything in excess; however, all that is justified should be given. Mr. X, an old man, is being humiliated. This is very sad. Maybe the company owners are not educated enough and have gained business standing through wrong means.
Remember, even you will reach his age. If the same happens to you, then what? Provide corrective measures to your bosses and owners or leave this nonsensical company. Get yourself moving somewhere else. Don't squander your potential in wrong causes. Don't be a part of it.
There are various legal aspects that protect this man, Mr. X. If he takes that route, no one can do anything, not even your bosses.
From India, Mumbai
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Your Mr. X is not asking for anything in excess; however, all that is justified should be given. Mr. X, an old man, is being humiliated. This is very sad. Maybe the company owners are not educated enough and have gained business standing through wrong means.
Remember, even you will reach his age. If the same happens to you, then what? Provide corrective measures to your bosses and owners or leave this nonsensical company. Get yourself moving somewhere else. Don't squander your potential in wrong causes. Don't be a part of it.
There are various legal aspects that protect this man, Mr. X. If he takes that route, no one can do anything, not even your bosses.
From India, Mumbai
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Dear Friend,
The question is whether he can be terminated? YES.
If he is asking for benefits extended to all other employees of Faridabad, then he is RIGHT. Either you pay now or on the order of courts depends upon you. Otherwise, you can ask him to leave with termination benefits, rightfully his, as per the company's rule.
If he is the only upright officer and all others are not, HR should motivate him to leave as soon as possible. He can get a better job and respect in many other companies in India. Upright officers are very much in demand, and his continuation on humiliating terms will demoralize those trying to emulate him.
HR should motivate him to leave the company of crooks, and HRs themselves should use the first opportunity to leave such companies.
The essence is the separation of the two, where you either terminate him for his benefits or he leaves the company for his own benefit.
From India, Mumbai
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The question is whether he can be terminated? YES.
If he is asking for benefits extended to all other employees of Faridabad, then he is RIGHT. Either you pay now or on the order of courts depends upon you. Otherwise, you can ask him to leave with termination benefits, rightfully his, as per the company's rule.
If he is the only upright officer and all others are not, HR should motivate him to leave as soon as possible. He can get a better job and respect in many other companies in India. Upright officers are very much in demand, and his continuation on humiliating terms will demoralize those trying to emulate him.
HR should motivate him to leave the company of crooks, and HRs themselves should use the first opportunity to leave such companies.
The essence is the separation of the two, where you either terminate him for his benefits or he leaves the company for his own benefit.
From India, Mumbai
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One point of difference here:
The other employees of the Faridabad unit have been given their termination benefits, but no one else asked for or received a 5-year increment on termination. That is the difference. He did not get his increment for 5 years. He is asking for it to be given now. Legally, there are no grounds for him to claim that. As a moral ground and leverage, etc., it is different. But unfortunately, I don't think he has a legal ground for it.
From India, Mumbai
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The other employees of the Faridabad unit have been given their termination benefits, but no one else asked for or received a 5-year increment on termination. That is the difference. He did not get his increment for 5 years. He is asking for it to be given now. Legally, there are no grounds for him to claim that. As a moral ground and leverage, etc., it is different. But unfortunately, I don't think he has a legal ground for it.
From India, Mumbai
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