Dear All
My friends are going through a critical situation in their company. Please suggest what all possible factors they can do to overcome that situation.
The situation is:
My friends are working in IT company which is termed as ABC India Pvt. Ltd.(Sorry can not disclose the name) which was took over by ABC Technologies 2 years ago. Now all of a sudden few of the employees of ABC Pvt. Ltd. got the mail from ABC Technologies that you are transferred from Delhi to Pune Location. So kindly report to our Pune Branch by ....date. This mail they have received from AM HR of ABC Technologies.
Now there are two three things which has to be taken into consideration:
1- the whole staff is not getting the salary on time. there is 2 months salary pending from ABC Technology side
2- it was never introduced to the staff that there HR related things will be taken care by ABC Technology.
3- Whenever they enquired about their salary or other admin/HR related things, It was always communicated to them that for you we are searching new HR till then please wait.
4-in everbodies employement agreement it was not mentioned that your job will be transferable
Now the problem which is occured is that again they have received the mail from ABC Technology's AM HR that you people are terminated because you have neither replied to our mail nor reported to our Pune office. They ended the mail by giving 15 days notice period which is also not mentioned in their agreement. In their agreement it is mentioned 1 month notice period.
Please suggest how do they tackle this situation, as their 2 month salary is pending, no medical reimbursements they have got against the bills they have submitted, 15days notice period is not mentioned in their agreement and also guide me weather is this the way HR should treat employees.
They are deciding to go to media. Please suggest what do they do
Waiting for the reply
Rgds
Deepti
From India, New Delhi
My friends are going through a critical situation in their company. Please suggest what all possible factors they can do to overcome that situation.
The situation is:
My friends are working in IT company which is termed as ABC India Pvt. Ltd.(Sorry can not disclose the name) which was took over by ABC Technologies 2 years ago. Now all of a sudden few of the employees of ABC Pvt. Ltd. got the mail from ABC Technologies that you are transferred from Delhi to Pune Location. So kindly report to our Pune Branch by ....date. This mail they have received from AM HR of ABC Technologies.
Now there are two three things which has to be taken into consideration:
1- the whole staff is not getting the salary on time. there is 2 months salary pending from ABC Technology side
2- it was never introduced to the staff that there HR related things will be taken care by ABC Technology.
3- Whenever they enquired about their salary or other admin/HR related things, It was always communicated to them that for you we are searching new HR till then please wait.
4-in everbodies employement agreement it was not mentioned that your job will be transferable
Now the problem which is occured is that again they have received the mail from ABC Technology's AM HR that you people are terminated because you have neither replied to our mail nor reported to our Pune office. They ended the mail by giving 15 days notice period which is also not mentioned in their agreement. In their agreement it is mentioned 1 month notice period.
Please suggest how do they tackle this situation, as their 2 month salary is pending, no medical reimbursements they have got against the bills they have submitted, 15days notice period is not mentioned in their agreement and also guide me weather is this the way HR should treat employees.
They are deciding to go to media. Please suggest what do they do
Waiting for the reply
Rgds
Deepti
From India, New Delhi
Hi Deepti,
After reading your query the only advise I would give to your friend is to Consult a legal practitioner ASAP. Since its just not one person they can approach the labour court and claim for the loss.
Its indeed difficult to believe that such things can happen in life.
Regards,
Resha
From India, Mumbai
After reading your query the only advise I would give to your friend is to Consult a legal practitioner ASAP. Since its just not one person they can approach the labour court and claim for the loss.
Its indeed difficult to believe that such things can happen in life.
Regards,
Resha
From India, Mumbai
Hi Resha
Thanks for your opinion. But going to legal practitioner means they have to pay a good amount of money which they can not pay beacause of the lack of money. That's why they have decided to go to media and the next step that they are considering is the mask resignation i.e the whole enire staff of Delhi will resign.
But again the question comes that is this the right way to resolve the situation?
Is there not any action we can take because of which the HR of ABC technologies take their termination mail back and first pay them their salaries.
I need more suggestions.
Please help. These people don't have employee friendly HR. How do they deal with them.
Rgds
Deepti
From India, New Delhi
Thanks for your opinion. But going to legal practitioner means they have to pay a good amount of money which they can not pay beacause of the lack of money. That's why they have decided to go to media and the next step that they are considering is the mask resignation i.e the whole enire staff of Delhi will resign.
But again the question comes that is this the right way to resolve the situation?
Is there not any action we can take because of which the HR of ABC technologies take their termination mail back and first pay them their salaries.
I need more suggestions.
Please help. These people don't have employee friendly HR. How do they deal with them.
Rgds
Deepti
From India, New Delhi
Till now 12 people have seen my post but only 1 person has replied.
I think being an HR people we can help these people, yes they are not my employees nor yours but at this point of time they need somebody who can show them the right path and I found this community the best, as lots of senior people are the part of it.
I request you to please suggest what can they do.............
From India, New Delhi
I think being an HR people we can help these people, yes they are not my employees nor yours but at this point of time they need somebody who can show them the right path and I found this community the best, as lots of senior people are the part of it.
I request you to please suggest what can they do.............
From India, New Delhi
Hi :
Submitting mass resignations is not an ideal solution in this situation plus this would weaken the standpoint of the employees. Definitely the terminated employees can take a legal recourse for which they need to consult a good labour lawyer on an urgent basis.
Meanwhile I will try to figure out if I can suggest any leads at Delhi. Will repond back tomorrow
From India, Mumbai
1Submitting mass resignations is not an ideal solution in this situation plus this would weaken the standpoint of the employees. Definitely the terminated employees can take a legal recourse for which they need to consult a good labour lawyer on an urgent basis.
Meanwhile I will try to figure out if I can suggest any leads at Delhi. Will repond back tomorrow
From India, Mumbai
Hi,
The employees cnt be sacked,bcs the terms and conditions of employmnt that employee entrd was wth the prvious employer,and not the currnt employr who took ovr the ABC corp,then again they thmslvs claim that there aint any HR as of now to tackle thr problms,so that means that HR policy of previous employr is followed and not the currnt employer,so kindly ask your friend to check whtr any whr your friend has agreed to relocate while he accepted the offr lttr.
From India, Mumbai
The employees cnt be sacked,bcs the terms and conditions of employmnt that employee entrd was wth the prvious employer,and not the currnt employr who took ovr the ABC corp,then again they thmslvs claim that there aint any HR as of now to tackle thr problms,so that means that HR policy of previous employr is followed and not the currnt employer,so kindly ask your friend to check whtr any whr your friend has agreed to relocate while he accepted the offr lttr.
From India, Mumbai
No they were not told by the employers that in future they might have to transfer to other location nor even this is mentioned in their agreement.
The concept which we are understanding behing this whole incident is just that the ABC Technologies don't want the employees of Delhi but instead of saying this at front they are creating these kind of situations. Which these employees are not tolerating because as per them when this company was at the higher risk only delhi staff worked a lot for the company that too without keeping in mind that they are not paid for two months but now when they have recovered the risk and all the project are in their hand then they have decided not to keep delhi staff. But this is not the way. Being an HR I personally feel that instead of creating these situation we should make the picture clear
From India, New Delhi
The concept which we are understanding behing this whole incident is just that the ABC Technologies don't want the employees of Delhi but instead of saying this at front they are creating these kind of situations. Which these employees are not tolerating because as per them when this company was at the higher risk only delhi staff worked a lot for the company that too without keeping in mind that they are not paid for two months but now when they have recovered the risk and all the project are in their hand then they have decided not to keep delhi staff. But this is not the way. Being an HR I personally feel that instead of creating these situation we should make the picture clear
From India, New Delhi
Hi Deepti,
I too fully agree with Resha that in such time a labour advocate is required who will recommend alternate measures available to the employees. A small fee is worth spending than loosing your two months salary.
My opinion on the all the points mentioned by you is as under:
Point 1. I agree Salaries have to be paid in time and you have draw the attention of higher authorities and not just the HR Dept.
Point 2. When a new business takes over, the new management cannot be avoided. There is change in the Control. However the new management has to communicate their guidelines/practices to the existing employees of company taken over.
Point 3. The HR of new company cannot avoid the responsibility as by law the Principal employer is always responsible for all acts, ommissions, errors by the subsidiary employers.
Point 4. In present time transfer and mobility is common. However, it has to be stated as on of the terms in the appointment/subsequent letters.
I suggest, the entire group or a few representatives seek appointment with the New company's HR as well as the Top Management and present a memorandum stating the grievances signed by all the employees. This will serve as a document drawing the Top Management's attention.
A. Pinto
From India, Mumbai
I too fully agree with Resha that in such time a labour advocate is required who will recommend alternate measures available to the employees. A small fee is worth spending than loosing your two months salary.
My opinion on the all the points mentioned by you is as under:
Point 1. I agree Salaries have to be paid in time and you have draw the attention of higher authorities and not just the HR Dept.
Point 2. When a new business takes over, the new management cannot be avoided. There is change in the Control. However the new management has to communicate their guidelines/practices to the existing employees of company taken over.
Point 3. The HR of new company cannot avoid the responsibility as by law the Principal employer is always responsible for all acts, ommissions, errors by the subsidiary employers.
Point 4. In present time transfer and mobility is common. However, it has to be stated as on of the terms in the appointment/subsequent letters.
I suggest, the entire group or a few representatives seek appointment with the New company's HR as well as the Top Management and present a memorandum stating the grievances signed by all the employees. This will serve as a document drawing the Top Management's attention.
A. Pinto
From India, Mumbai
Hi,
I have gone through your query and also mails of other in this particular matter.
In my opinion , your appointment letter is the base for safe guarding your interest . You may all go through terms carefully before you seek any redressal . On the face , it looks that transfer per se is malafide in as much as the authority signing it . As I understand from the contents , first of all transferability clause need to be evaluated which becomes the basis for such an action ; another if clause does not exist , none of the company can take recourse to such an action except closure of an undertaking or out-right purchase .
Remedy at this stage looks to me that all of you should appraoch Govt. Labour Officer of your area from Labour Commissioner Office and lodge complaint of illegal termination who have right to intervene in such matter .
I am able to give only limited suggestions as neither copy of the appointment letter is available not letter issues by the company with content . In absence , even advise may go wrong .
Hope, this limited inputs shall be of some use to you for pursuing the matter further.
Regards,
Bharat
From India, Mumbai
I have gone through your query and also mails of other in this particular matter.
In my opinion , your appointment letter is the base for safe guarding your interest . You may all go through terms carefully before you seek any redressal . On the face , it looks that transfer per se is malafide in as much as the authority signing it . As I understand from the contents , first of all transferability clause need to be evaluated which becomes the basis for such an action ; another if clause does not exist , none of the company can take recourse to such an action except closure of an undertaking or out-right purchase .
Remedy at this stage looks to me that all of you should appraoch Govt. Labour Officer of your area from Labour Commissioner Office and lodge complaint of illegal termination who have right to intervene in such matter .
I am able to give only limited suggestions as neither copy of the appointment letter is available not letter issues by the company with content . In absence , even advise may go wrong .
Hope, this limited inputs shall be of some use to you for pursuing the matter further.
Regards,
Bharat
From India, Mumbai
Pl. try this way. Management is a systematic way of carrying out activities in any field of human effort. Management need to focus more on leadership skills, e.g., establishing vision and goals, communicating the vision and goals, and guiding others to accomplish them. It also assert that leadership must be more facilitative, participative and empowering in how visions and goals are established and carried out. Some people assert that this really isn't a change in the management functions, rather it's re-emphasizing certain aspects of management.
Its task is to make people capable of joint performance, to make their weaknesses irrelevant, says the Management Guru Peter Drucker. It creates harmony in working together - equilibrium in thoughts and actions, goals and achievements, plans and performance, products and markets. It resolves situations of scarcity, be they in the physical, technical or human fields, through maximum utilization with the minimum available processes to achieve the goal. Lack of management causes disorder, confusion, wastage, delay, destruction and even depression. Managing men, money and materials in the best possible way, according to circumstances and environment, is the most important and essential factor for a successful management.
From India, Kochi
Its task is to make people capable of joint performance, to make their weaknesses irrelevant, says the Management Guru Peter Drucker. It creates harmony in working together - equilibrium in thoughts and actions, goals and achievements, plans and performance, products and markets. It resolves situations of scarcity, be they in the physical, technical or human fields, through maximum utilization with the minimum available processes to achieve the goal. Lack of management causes disorder, confusion, wastage, delay, destruction and even depression. Managing men, money and materials in the best possible way, according to circumstances and environment, is the most important and essential factor for a successful management.
From India, Kochi
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How to Handle an Employee Resignation.doc