Dear HR Folks,
I am writing to seek your guidance on employer attitude toward the termination of employees. I am working as an Executive - HR with an automobile manufacturing company and facing a lot of issues regarding the termination/suspension of employees carried out by the employer. The employer terminates managers/employees/workers, etc., without providing them with notices based on justifiable facts/grounds.
Recently, a Manager with over 5 years of service was fired by the employer without prior notice to improve his performance and behavior, forcing him to resign. The HR Department has become completely handicapped due to the unethical practices being followed by the employer, and HR personnel are unable to prevent this, as this is the third instance of such behavior by the employer. What actions can HR take to change the employer's attitude?
What actions can an employee (Manager) take against the employer? If laws exist to protect blue-collar employees, who will protect white-collar employees? Additionally, there doesn't seem to be any specific law in the Indian penal system that protects senior individuals from such terminations. Why is that? If there is any relevant law, please do provide an update.
HR practitioners, please refrain from advocating for the employer, as this could potentially ruin someone's life and future. HR's role is essentially to empower people, prioritize their welfare, and safeguard them from future insecurities.
Thank you.
From India, Delhi
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I am writing to seek your guidance on employer attitude toward the termination of employees. I am working as an Executive - HR with an automobile manufacturing company and facing a lot of issues regarding the termination/suspension of employees carried out by the employer. The employer terminates managers/employees/workers, etc., without providing them with notices based on justifiable facts/grounds.
Recently, a Manager with over 5 years of service was fired by the employer without prior notice to improve his performance and behavior, forcing him to resign. The HR Department has become completely handicapped due to the unethical practices being followed by the employer, and HR personnel are unable to prevent this, as this is the third instance of such behavior by the employer. What actions can HR take to change the employer's attitude?
What actions can an employee (Manager) take against the employer? If laws exist to protect blue-collar employees, who will protect white-collar employees? Additionally, there doesn't seem to be any specific law in the Indian penal system that protects senior individuals from such terminations. Why is that? If there is any relevant law, please do provide an update.
HR practitioners, please refrain from advocating for the employer, as this could potentially ruin someone's life and future. HR's role is essentially to empower people, prioritize their welfare, and safeguard them from future insecurities.
Thank you.
From India, Delhi
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Dear friend,
I understand the reason for you remaining anonymous. There lies the answer to your questions. Laws come to the rescue of all, though workers, being considered the weaker party, are protected by some specific labor laws. But the general law of the country is good enough to protect everyone. The problem lies in the lengthy process, with a huge cost of time, energy, and money to the affected individual.
The image of the individual also gets tarnished in the present-day highly networked world, making finding a job even more difficult if one fights legally. HR today needs to take the initiative to give feedback and advice within the permitted level without hesitation. If too many people leave a company, the company also loses its image. Maybe one or two harsh individuals are responsible, and they have to be exposed.
Since sacrifice as a tool is no longer practiced by individuals and unions, fighting autocratic masters is becoming difficult. Yet, social media and others can be used to tarnish the image of a company that practices anarchy. It is quite easy to do without mentioning the name of the company but by indicating it. What is to be remembered is that the job is very difficult but not impossible. Let the right-minded make the beginning.
From India, Madras
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26I understand the reason for you remaining anonymous. There lies the answer to your questions. Laws come to the rescue of all, though workers, being considered the weaker party, are protected by some specific labor laws. But the general law of the country is good enough to protect everyone. The problem lies in the lengthy process, with a huge cost of time, energy, and money to the affected individual.
The image of the individual also gets tarnished in the present-day highly networked world, making finding a job even more difficult if one fights legally. HR today needs to take the initiative to give feedback and advice within the permitted level without hesitation. If too many people leave a company, the company also loses its image. Maybe one or two harsh individuals are responsible, and they have to be exposed.
Since sacrifice as a tool is no longer practiced by individuals and unions, fighting autocratic masters is becoming difficult. Yet, social media and others can be used to tarnish the image of a company that practices anarchy. It is quite easy to do without mentioning the name of the company but by indicating it. What is to be remembered is that the job is very difficult but not impossible. Let the right-minded make the beginning.
From India, Madras
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As an HR manager, you may feel limited in your abilities, but there are laws in place to protect employees classified as 'workmen' under the Industrial Disputes Act. There are specific procedures that must be followed, and termination cannot be arbitrary.
In cases of termination due to misconduct, charges must be presented to the employee, who should be given the opportunity to respond. A domestic enquiry should be conducted before any action is taken by management.
Unfortunately, employees in managerial positions (not solely based on job title) have fewer legal protections under the law. I can only provide legal advice up to this point.
From India, Kolkata
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In cases of termination due to misconduct, charges must be presented to the employee, who should be given the opportunity to respond. A domestic enquiry should be conducted before any action is taken by management.
Unfortunately, employees in managerial positions (not solely based on job title) have fewer legal protections under the law. I can only provide legal advice up to this point.
From India, Kolkata
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