There are policies in our company for promotions which depend on certain criteria's. For eg- If an employee is a Senior Associate and wants to go a level up which is Lead Associate in my company, the criteria is a tenure of 1 year as a Senior Associate. Unfortunately there is a promotion which has happened for an employee who has not fulfilled the criteria of 1 year. I have raised a complaint for the same to the HR and the HR says that it was a system glitch and the mistake cannot be corrected. It has also been told to me that once a designation is given to an employee by mistake it cannot be taken back as per Indian Labour Law. The employee promoted is near and dear to the people who matter.
Is there such a policy in the Indian Labour Law which states that once a designation is given to an employee it cannot be taken back even if it is a mistake?
Thank you for your time.
From India, Pune
Is there such a policy in the Indian Labour Law which states that once a designation is given to an employee it cannot be taken back even if it is a mistake?
Thank you for your time.
From India, Pune
Dear Aniket,
This is a clear case of partisanship or favouritism. When HR says that once promotion given, even if inadvertently, then it cannot be taken as per HR laws, it is nothing but they are taking you for ride.
Now you have two options. One is to just let go and another is to bring to notice this favouritism to the notice of MD/CEO. Latter option is obviously fraught with risk.
By the way, did your HR conduct workplace games to improve employee engagement? It is important to know this as real employee engagement lies in creating an environment of fairness. If the environment is vitiated by such partisanship then those conducting those games is superfluous.
Thanks,
Dinesh Divekar
From India, Bangalore
7884This is a clear case of partisanship or favouritism. When HR says that once promotion given, even if inadvertently, then it cannot be taken as per HR laws, it is nothing but they are taking you for ride.
Now you have two options. One is to just let go and another is to bring to notice this favouritism to the notice of MD/CEO. Latter option is obviously fraught with risk.
By the way, did your HR conduct workplace games to improve employee engagement? It is important to know this as real employee engagement lies in creating an environment of fairness. If the environment is vitiated by such partisanship then those conducting those games is superfluous.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you.
Could you please tell me if there is such a law in the Indian labour law which states that a designation provided once to an employee cannot be revoked even if it is a mistake.
If not but yet the management favours the employee and does not correct their mistake, can I sue the company as they are violating their own policies?
From India, Pune
Could you please tell me if there is such a law in the Indian labour law which states that a designation provided once to an employee cannot be revoked even if it is a mistake.
If not but yet the management favours the employee and does not correct their mistake, can I sue the company as they are violating their own policies?
From India, Pune
Dear Colleague,
To the best of my knowledge, there is no Labour law in India which prohibits taking back any designation to an employee for valid reasons unless there is existing agreement between the Union and Management to this effect. In that case also, it will be applicable to the 'Workman' category only.
The reasons cited by your HR for its inability to change the designation due to system glitch and under the wrong shelter of the Indian labour laws, on the face of it, appears motivated to favor the person concerned and is deserving case to be brought to the notice of the Higher ups for undoing the wrong.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
To the best of my knowledge, there is no Labour law in India which prohibits taking back any designation to an employee for valid reasons unless there is existing agreement between the Union and Management to this effect. In that case also, it will be applicable to the 'Workman' category only.
The reasons cited by your HR for its inability to change the designation due to system glitch and under the wrong shelter of the Indian labour laws, on the face of it, appears motivated to favor the person concerned and is deserving case to be brought to the notice of the Higher ups for undoing the wrong.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
Hi,
Thank you all for your valuable time and response towards my query.
I have implemented your advice and put this to the CEO of my company. There is a reply from the CEO and his team who have asked for time for looking into the matter.
As this has been highlighted, a few of the higher management employees reporting to the CEO have spoken to me in personal.
Their conversation only revolves around the fact that the promotion does not have any impact to my career or growth opportunity. Secondly if I ask them to correct the mistake, I am told that it doesn't impact them as an organisation. Thirdly when asked about how the system glitch happened, I get different answers from multiple people like software glitch, exception given to the employee(without taking the necessary approvals), performance of the employee was exceptional (even though the annual performance rating for the employee was average).
I Will be having a formal meeting with the vice president of the organisation in a few days time and I am seeking advice as to how I go about the conversation.
Every one until now from the management have tried to deviate the topic from the mistake to my career goals.
I have told them that if I require any advice regarding my career I will walk up to them, but they keep on saying the same thing again and again.
Would really appreciate your help and advice about how I go about this meeting.
Thank you once again for your guidance and time.
From India, Pune
Thank you all for your valuable time and response towards my query.
I have implemented your advice and put this to the CEO of my company. There is a reply from the CEO and his team who have asked for time for looking into the matter.
As this has been highlighted, a few of the higher management employees reporting to the CEO have spoken to me in personal.
Their conversation only revolves around the fact that the promotion does not have any impact to my career or growth opportunity. Secondly if I ask them to correct the mistake, I am told that it doesn't impact them as an organisation. Thirdly when asked about how the system glitch happened, I get different answers from multiple people like software glitch, exception given to the employee(without taking the necessary approvals), performance of the employee was exceptional (even though the annual performance rating for the employee was average).
I Will be having a formal meeting with the vice president of the organisation in a few days time and I am seeking advice as to how I go about the conversation.
Every one until now from the management have tried to deviate the topic from the mistake to my career goals.
I have told them that if I require any advice regarding my career I will walk up to them, but they keep on saying the same thing again and again.
Would really appreciate your help and advice about how I go about this meeting.
Thank you once again for your guidance and time.
From India, Pune
Dear Colleague,
In the forthcoming meeting with your VP, stick to your stand that what management has done is wrong and they have to correct it. No legal hurdle or anything else can stop them in making correction except their willingness to do it.
Remember that you are not directly affected person by the decision of the management but you are taking this up for larger interest .You have no locus standi to pursue this on legal front.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
In the forthcoming meeting with your VP, stick to your stand that what management has done is wrong and they have to correct it. No legal hurdle or anything else can stop them in making correction except their willingness to do it.
Remember that you are not directly affected person by the decision of the management but you are taking this up for larger interest .You have no locus standi to pursue this on legal front.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
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