Respectable professionals,
Please advise, as HR professionals, to what extent one can face legal affairs of the organization? If a case is brought against the organization by an employee, are HR personnel required to visit court and consult with a lawyer? Or can another department handle it, such as the medical services department of a hospital? I would appreciate your expert views.
From Pakistan
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2Please advise, as HR professionals, to what extent one can face legal affairs of the organization? If a case is brought against the organization by an employee, are HR personnel required to visit court and consult with a lawyer? Or can another department handle it, such as the medical services department of a hospital? I would appreciate your expert views.
From Pakistan
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Dear Abdul,
This is the internal matter of your company. We, the members of this forum, are outsiders. We do not know the facts of the case even superficially.
If some employee files a suit against the company, then the company is the respondent. In such a case, the owner may tell you to represent the company in court as one of the witnesses. You need to represent your employers to the best of your capacity.
Who is a better person to depose before the court as a witness than your lawyer will decide in consultation with the employer. Generally, lawyers give a brief to their witnesses about the court case a day before.
It appears that you have butterflies in your stomach for your probable appearance in court. Do not be shy of going to the court of law. This is an experience in itself. You will get exposure to the court proceedings. Neither should you show keenness to go to court nor should you be a bundle of nerves!
Thanks,
Dinesh Divekar
From India, Bangalore
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This is the internal matter of your company. We, the members of this forum, are outsiders. We do not know the facts of the case even superficially.
If some employee files a suit against the company, then the company is the respondent. In such a case, the owner may tell you to represent the company in court as one of the witnesses. You need to represent your employers to the best of your capacity.
Who is a better person to depose before the court as a witness than your lawyer will decide in consultation with the employer. Generally, lawyers give a brief to their witnesses about the court case a day before.
It appears that you have butterflies in your stomach for your probable appearance in court. Do not be shy of going to the court of law. This is an experience in itself. You will get exposure to the court proceedings. Neither should you show keenness to go to court nor should you be a bundle of nerves!
Thanks,
Dinesh Divekar
From India, Bangalore
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Sir, Dinesh Divekar ji has rightly expressed correct views on the subject as above. However, if you want any clarification on any other aspect, it would be better if you could provide the correct and complete facts, along with your problems or doubts on the matter.
From India, Noida
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From India, Noida
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HR departments do handle legal cases if there is no separate legal department. Normally, details of the case, documents, etc., will be procured from the concerned department, and a lawyer will fight on behalf of the company. HR becomes a nodal point for interaction with the lawyer.
When a case is filed against the company, HR will have to make point-wise reply (paragraph-wise reply). Your lawyer or legal department will look into the legal aspect of the case and represent the company. You should look upon such cases as learning experiences, do full homework about the case, and help your company to win.
From India, Pune
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When a case is filed against the company, HR will have to make point-wise reply (paragraph-wise reply). Your lawyer or legal department will look into the legal aspect of the case and represent the company. You should look upon such cases as learning experiences, do full homework about the case, and help your company to win.
From India, Pune
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Mr. Nathrao has rightly expressed that it is a practice followed in establishments to look after legal matters in the absence of a legal department. Normally, in manufacturing units, there will not be a separate legal department; hence, HR has to take care.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Abdul,
Normally, companies will have Legal Advisors who are specialists in Labor Matters such as Termination, ID, Workers' Compensation, Accident cases, PF, ESI, etc. Company HR should liaise with the Legal Advisors and provide them with all documents and a brief so that when the case comes up in Court for a hearing, they are able to defend the Company.
As rightly pointed out by Learned Members Dineshji, HK Mehta, Nathrao, these situations give exposures to HR to face court cases and learn how to deal with them. HR has to accept such work, although it is legal and should not shy away, but learn the things to enrich one's knowledge of Legal Procedure to help the Company in such times.
Wishing you good luck.
c.neyimkhan@gmail.com
11.3.16
From India, Mumbai
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Normally, companies will have Legal Advisors who are specialists in Labor Matters such as Termination, ID, Workers' Compensation, Accident cases, PF, ESI, etc. Company HR should liaise with the Legal Advisors and provide them with all documents and a brief so that when the case comes up in Court for a hearing, they are able to defend the Company.
As rightly pointed out by Learned Members Dineshji, HK Mehta, Nathrao, these situations give exposures to HR to face court cases and learn how to deal with them. HR has to accept such work, although it is legal and should not shy away, but learn the things to enrich one's knowledge of Legal Procedure to help the Company in such times.
Wishing you good luck.
c.neyimkhan@gmail.com
11.3.16
From India, Mumbai
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Thank you very much seniors for your expert views. I do really appreciate all the views posted above. It really gave me courage to stand out and see things from different perspective. Regards.
From Pakistan
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From Pakistan
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Abdul bhai,
If you are stationed in Pakistan, I have no first-hand information on practices followed in Pakistan. I can only state what is possible in India. Generally, there are two types of scenarios as far as litigations with employees are concerned. One is initiated by the employer through a Domestic Inquiry, and the second is initiated by employees against the employer, which may lead to court and tribunal proceedings.
Almost all HR-related issues should be handled by the HR Department only. There cannot be occasions where medical services would handle court cases. Even in hospitals, either the HR or Legal Department should handle court cases, possibly by engaging regular practitioners. In larger companies, legal advisers will be appointed to coordinate with advocates representing the employers. Full-time employees, even from the legal fraternity, cannot attend and argue cases in court. Only those registered with the Bar councils of the territory will be granted a practitioner license to represent parties in court. However, HR officials can testify for or against employees as witnesses, submit records, and assist counsels.
Please let me know if you need any further clarification or information.
Best regards,
[Your Name]
From India, Bangalore
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If you are stationed in Pakistan, I have no first-hand information on practices followed in Pakistan. I can only state what is possible in India. Generally, there are two types of scenarios as far as litigations with employees are concerned. One is initiated by the employer through a Domestic Inquiry, and the second is initiated by employees against the employer, which may lead to court and tribunal proceedings.
Almost all HR-related issues should be handled by the HR Department only. There cannot be occasions where medical services would handle court cases. Even in hospitals, either the HR or Legal Department should handle court cases, possibly by engaging regular practitioners. In larger companies, legal advisers will be appointed to coordinate with advocates representing the employers. Full-time employees, even from the legal fraternity, cannot attend and argue cases in court. Only those registered with the Bar councils of the territory will be granted a practitioner license to represent parties in court. However, HR officials can testify for or against employees as witnesses, submit records, and assist counsels.
Please let me know if you need any further clarification or information.
Best regards,
[Your Name]
From India, Bangalore
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I have left my organization without serving the notice period of 90 days. The reason is that the company asked me to work from a different city after initially agreeing to work from home when I joined. I sent an email requesting permanent work from home, but they did not reply within a month, so I decided to leave the organization.
I had not signed any agreement regarding a 90-day notice period. After my resignation, both my manager and HR approved my email but mentioned that I would need to pay for the remaining days of basic salary. I agreed to this arrangement. However, upon returning my laptop and completing all clearance procedures, they are now requesting an additional amount for issuing the experience letter.
What should I do now?
From India, Bhopal
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I had not signed any agreement regarding a 90-day notice period. After my resignation, both my manager and HR approved my email but mentioned that I would need to pay for the remaining days of basic salary. I agreed to this arrangement. However, upon returning my laptop and completing all clearance procedures, they are now requesting an additional amount for issuing the experience letter.
What should I do now?
From India, Bhopal
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Giving of prior notice before resignation and the length of the period of notice to be served or the amount of salary payable in lieu thereof by the employee are the subjects of the exit clause of the contract of employment or the condition stipulated in the appointment order or the service regulations of the organization as the case may be. The poster seems to have ignored the breach of the contract by the employer in this regard for obvious reasons, though the employer can be legally proceeded against.
When the poster had already complied with these terms of the contract regarding his resignation and his resignation was formally acted upon by both parties, it is not fair on the part of the employer to charge money for the issuance of an experience certificate. It is indicative of the meanness and unprofessional conduct of the employer. However, no legal action can be taken by the poster in this regard. His appointment orders and relieving orders received from the company would be sufficient proof of his experience in the company.
From India, Salem
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When the poster had already complied with these terms of the contract regarding his resignation and his resignation was formally acted upon by both parties, it is not fair on the part of the employer to charge money for the issuance of an experience certificate. It is indicative of the meanness and unprofessional conduct of the employer. However, no legal action can be taken by the poster in this regard. His appointment orders and relieving orders received from the company would be sufficient proof of his experience in the company.
From India, Salem
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