Dear friend,
If your company wishes to continue its business, it has to comply with the labor laws. There is no question of choice, or deciding on advantages or disadvantages. Such matters should be reported to the authorities as a whistleblower, and such erring managing directors and owners should be brought to book and punished. You must have seen the remarks of other members. It is horrifying to know that such heinous violations are being committed by an IT company.
Regards.
From India, Delhi
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1497If your company wishes to continue its business, it has to comply with the labor laws. There is no question of choice, or deciding on advantages or disadvantages. Such matters should be reported to the authorities as a whistleblower, and such erring managing directors and owners should be brought to book and punished. You must have seen the remarks of other members. It is horrifying to know that such heinous violations are being committed by an IT company.
Regards.
From India, Delhi
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Dear Sh. Raj Kumar Hansdahji,
I generally read your comments on this site with great attention and I feel that you have very rightly expressed your views. However, I must submit again that the level of compliance with labor laws in India is very poor. Consequently, the poor workers are unable to secure their legal rights as stipulated in various labor laws, including social security laws.
The member who initiated this thread has now mentioned that their principal employer has divided the establishment into several units, suggesting that their unit is not covered under different labor laws. I would like to point out that such tactics are often employed by employers to circumvent the implementation of labor laws. It is worth noting that the division of a unit into various parts may not be effective, as there have been several court judgments regarding the EPF & Misc. Prov. Act as well as the ESI Act, 1948, where courts have consolidated different units for the purpose of implementing labor laws based on factors such as unity of purpose, unity of functioning, unity of finance, transferability of workers between units, and continuity of the manufacturing process.
If it is discovered by the relevant authorities that there was an artificial division of the unit and it actually constitutes one entity, it would likely be considered covered under the laws from the date when all the units collectively employed the minimum number required by the aforementioned enactments.
Furthermore, I believe that HR officials working in factories or establishments are employees who must adhere to the directives of their employers, leaving them with limited options to ensure strict compliance with statutory laws.
From India, Noida
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I generally read your comments on this site with great attention and I feel that you have very rightly expressed your views. However, I must submit again that the level of compliance with labor laws in India is very poor. Consequently, the poor workers are unable to secure their legal rights as stipulated in various labor laws, including social security laws.
The member who initiated this thread has now mentioned that their principal employer has divided the establishment into several units, suggesting that their unit is not covered under different labor laws. I would like to point out that such tactics are often employed by employers to circumvent the implementation of labor laws. It is worth noting that the division of a unit into various parts may not be effective, as there have been several court judgments regarding the EPF & Misc. Prov. Act as well as the ESI Act, 1948, where courts have consolidated different units for the purpose of implementing labor laws based on factors such as unity of purpose, unity of functioning, unity of finance, transferability of workers between units, and continuity of the manufacturing process.
If it is discovered by the relevant authorities that there was an artificial division of the unit and it actually constitutes one entity, it would likely be considered covered under the laws from the date when all the units collectively employed the minimum number required by the aforementioned enactments.
Furthermore, I believe that HR officials working in factories or establishments are employees who must adhere to the directives of their employers, leaving them with limited options to ensure strict compliance with statutory laws.
From India, Noida
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Dear Harsh,
I totally agree with your views. There are constraints in ensuring compliance, especially for fresh HR professionals who lack experience and strength of commitment. However, our endeavor should be to guide them in the right path. These are the formative years for young HR professionals, and we should not let them acquire a complacent ("chalta hai") attitude that will affect their whole life and career but enable them to pick up the right knowledge and attitude. Even if they are not able to act in the right way due to a lack of authority, they should know and be aware of what is right and legal.
Warm regards.
From India, Delhi
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I totally agree with your views. There are constraints in ensuring compliance, especially for fresh HR professionals who lack experience and strength of commitment. However, our endeavor should be to guide them in the right path. These are the formative years for young HR professionals, and we should not let them acquire a complacent ("chalta hai") attitude that will affect their whole life and career but enable them to pick up the right knowledge and attitude. Even if they are not able to act in the right way due to a lack of authority, they should know and be aware of what is right and legal.
Warm regards.
From India, Delhi
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Dear Raj Kumar Sir,
I understand that the company is not aligning with the correct path concerning IR laws. However, even if I wish to implement changes to the current policies within the organization, it seems unachievable for me. As Harsh Sir mentioned, initiating this new trend abruptly in a company with a 56-year history is quite challenging, especially considering I am the sole person in the HR Department with only 3 months of experience. There is no support available for me in this endeavor. Nevertheless, I genuinely appreciate your understanding of my situation and your assistance.
I will heed your advice and ensure that I do not adopt a complacent ("chalta hai") attitude. I will continue to exert all my efforts and work with my boss to ensure compliance with all necessary and mandatory laws. Even if there is resistance, I will bear these points in mind for my professional growth.
Thank you for your support and guidance.
Best Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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I understand that the company is not aligning with the correct path concerning IR laws. However, even if I wish to implement changes to the current policies within the organization, it seems unachievable for me. As Harsh Sir mentioned, initiating this new trend abruptly in a company with a 56-year history is quite challenging, especially considering I am the sole person in the HR Department with only 3 months of experience. There is no support available for me in this endeavor. Nevertheless, I genuinely appreciate your understanding of my situation and your assistance.
I will heed your advice and ensure that I do not adopt a complacent ("chalta hai") attitude. I will continue to exert all my efforts and work with my boss to ensure compliance with all necessary and mandatory laws. Even if there is resistance, I will bear these points in mind for my professional growth.
Thank you for your support and guidance.
Best Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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Respected Harsh Sir,
Thank you so much for understanding my actual problem. Yes, it is very difficult for me to suddenly implement any changes in the company's policy or to ensure they follow laws and regulations, but I will try my level best to bring about the change.
The only question that arises in my mind is: What is the way through which I can convince my boss to align the company's practices with regulations and establish a more compliant environment?
Harsh Sir and respected seniors, please assist me with this if possible.
Thanks and Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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Thank you so much for understanding my actual problem. Yes, it is very difficult for me to suddenly implement any changes in the company's policy or to ensure they follow laws and regulations, but I will try my level best to bring about the change.
The only question that arises in my mind is: What is the way through which I can convince my boss to align the company's practices with regulations and establish a more compliant environment?
Harsh Sir and respected seniors, please assist me with this if possible.
Thanks and Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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Dear Kulshreshthaji,
In this thread, we have shared with you some of our experiences regarding labor laws, particularly EPF & ESI. For your kind information, I am enclosing herewith a copy of the judgment of the Honorable Supreme Court of India, which is very relevant to the matter as discussed by you. As suggested by senior members in the above remarks, I hope you will form your definite opinion and work towards a tension-free environment in your organization by ensuring compliance with all statutory laws.
From India, Noida
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In this thread, we have shared with you some of our experiences regarding labor laws, particularly EPF & ESI. For your kind information, I am enclosing herewith a copy of the judgment of the Honorable Supreme Court of India, which is very relevant to the matter as discussed by you. As suggested by senior members in the above remarks, I hope you will form your definite opinion and work towards a tension-free environment in your organization by ensuring compliance with all statutory laws.
From India, Noida
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Dear Tanay,
As you mentioned above, you recently started your career with 3 months, so it's natural to face difficulties in any organization, and you are not wrong anywhere. I suggest always trying to learn new things every day through routine work or websites. There are many aspects in HR that require time to learn and understand.
Always read the Factory Act and other relevant acts to understand HR functions and the basic requirements of statutory compliance in organizations.
From India, Mumbai
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As you mentioned above, you recently started your career with 3 months, so it's natural to face difficulties in any organization, and you are not wrong anywhere. I suggest always trying to learn new things every day through routine work or websites. There are many aspects in HR that require time to learn and understand.
Always read the Factory Act and other relevant acts to understand HR functions and the basic requirements of statutory compliance in organizations.
From India, Mumbai
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Dear Harsh Sir,
Thank you for the reference you provided, i.e., the judgment of the Hon'ble SC regarding the clubbing of two different entities. With the above example, I came to know some points:
1) All three entities are working under the same director. One entity has another director, but she is from the same family.
2) All four companies have financial integrity with each other.
3) Employees are swapped within the organization.
4) They are using different letterheads but with the same contact number and Gram number.
I believe these points, along with the above example, are sufficient to help me explain to my boss the future consequences.
Thanks, Harsh sir, and all respected seniors for helping me sort out this matter.
Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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Thank you for the reference you provided, i.e., the judgment of the Hon'ble SC regarding the clubbing of two different entities. With the above example, I came to know some points:
1) All three entities are working under the same director. One entity has another director, but she is from the same family.
2) All four companies have financial integrity with each other.
3) Employees are swapped within the organization.
4) They are using different letterheads but with the same contact number and Gram number.
I believe these points, along with the above example, are sufficient to help me explain to my boss the future consequences.
Thanks, Harsh sir, and all respected seniors for helping me sort out this matter.
Regards,
Tanay Singh Kulshreshtha
HR Executive
From India, Bhopal
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Dear Sh. Kulshreshtha,
After reading your thread, I feel "Gimmicks" would not amount to an unprofessional or impolite word if I use it to describe what your higher-ups have resorted to. Gross violation of the laws enacted for the welfare of employees is not only a penal offense, but it is also morally wrong. Please persuade your higher-ups to stop these unfair practices and ensure the immediate implementation of these statutes.
Regards,
Lalit Thakkar
Email: lalit_thakkar40@yahoo.com
From India, Surat
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After reading your thread, I feel "Gimmicks" would not amount to an unprofessional or impolite word if I use it to describe what your higher-ups have resorted to. Gross violation of the laws enacted for the welfare of employees is not only a penal offense, but it is also morally wrong. Please persuade your higher-ups to stop these unfair practices and ensure the immediate implementation of these statutes.
Regards,
Lalit Thakkar
Email: lalit_thakkar40@yahoo.com
From India, Surat
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