Seeking Help On Harassment In Notice Period - CiteHR
Industrial Relations And Labour Laws
Ash Mathew
Recruitments, Training`
Hr , Personnel & Admin

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear Seniors, One of my friend is working in a scheduled bank in Mumbai. He is a Credit Analyst. But due to recession, his branch manager asked him to go for business development and bring corporate clients who are looking for long-term loan. He found it difficult as excessive traveling and negotiation skill are associated; therfore submitted his 90 days notice period resignation letter stating the reason of leaving as personal problem. Now his Brancj Manager os asking him to go to Aurangabad and Nasik for Business Development where he will not get any accommodation facility. Daily basis going to those places and coming back will be daunting as well. What should he do now? Kindly suggest.
I do not think that there is any harassment involved in it. The employer has asked only to work for the establishment's core function of business development. In the present day operations these adjustments are very common that one placed in credit analysis may be asked to market the product. If you leave the establishment on this ground, perhaps you may get another job, but can you ensure that that establishment will not ask you to market its products. I have been associated with Personnel Management functions for more than two decades but I have always marketed the main products of the establishments I worked even though marketing was not my function. It is upto the employer to assign work when operations in a particular functional area comes to an end or becomes limited. For the organisational goal if the employer has asked an employee to relocate to another place and to a different function with an entirely new area of activity, the act of employer cannot be questioned. This is because, in all contract of employment there will be a clause that 'you are likely to be transferred to any branch of the establishment and or any function'. If the employer had asked the employee (employee on notice period) to work for longer hours than as is applicable to others or of the employer had asked to do private works or if the employer had withheld salary during notice period, the same could be harassment. On what ground there can be any action against the branch head? If you complaint to higher authorities, they will appreciate the efforts put in by the Branch Head for taking initiative in putting all the employees towards business development. You can not move legally also as there is no harassment but only a temporary arrangment involved. Therefore, my advice is to work for the organisation so long as we are with in it. If the area of operation is different the result may not be positive. Let it be so. Regards, Madhu.T.K
Hello Madhu Sir, I have a doubt is agreed that rotation is inevitabe now a days .People are assigned different tasks. But what about the specialisation ? for Example if a person from personnel dept is asked to market the company's product how could he do that ? as he will not be having the requisite qualification nor experience . and what about his performance level ? if he is forceably asked to do so he will do it as he may not be wanting to lose his job but he will not be able to perform well .In turn it will affect the companies business. Please clarify Regards Rajeev Dixit Belgaum
I didn't mean that one shall be asked to do any work forcefully. An employee placed in office can not be asked to repair a machinery. Similarly, an employee in the Marketing shall not be asked to frame a new leave policy or draft a standing order or to preside over a domestic enquiry. But, needless to say that each and every member of the establishment should work for the common goal of the establishment. An Engineer can collect a data base of prospective customers; an HR Manager can bring in customers from the sources he has access to. It is not the sole responsibility of Marketing team to bring in customers. It is not like diverting the functional area from HR or Production and moving for Marketing but if you have no order and if the Marketing people are insufficent in number, then naturally, it becomes the responsibility of Production Engineer or HR Manager to utilise his sourses to find out orders. The practice of sitting idle when the order book is empty saying that it is not my look out but the duty of Marketing persons only to market the product or find customers is the evil of Indian industrial sector. I will not support this kind of employee attitude even when I support them for the unfair treatment by employers by all means. Here, it is a temporary arrangement only. If the employer thinks that more orders can be obtained had all employees work together, he can do so. One who does not possess the attributes of a successful sales man may not bring in much orders. Don't worry. But without introducing him in the field, how can we come to know that he is unfit. It may happen that when all the batsmen were bowled out, bowlers who bat in the end order may lead the team to victory!!! Regards, Madhu.T.K
I agree with Mr. Madhu. It is not forcefully asking one to do. but trying to expand ones abilities. When HR can communicate very effectively abt the Management - why can he/she communicate abt the product they sell. :) And I am sure Mr. Madhu was not forced to market the products, but he did it out of his own interest and felt it was his duty to communicate this message down the line. The best remedy for ur fren at this point is - ask him not to take this as "Harassment". Certain things reflect back the way we look at it. If u smile at the mirror looking at ur face - it smiles back.. He just needs re-assurance that he is nt being harassed. And abt the task - he can just try his best. If he is nt able to do, wat can the Company do??? If someone is bringing 10 business, and he can bring only one...its still great news. If he is nt able to perform and must explain the reason - he can clearly say he may be better off with another portfolio and BD is not wat he is really gud at. Nt becos he is against the company - its jus that he is nt exceptionally good with BD.. Let him nt take this too serious. Company has nothing to lose.. only ur fren will lose his peace of mind. Stay cool! Let him do wats possible. There is no point in worrying over something u cant do! Rather I suggest ur fren to think wat he can best do after 90 days of notice period! NOTE TO BE ADDED:::: If he feels the company is harrasing him, ask him to stay cool, calm and have a peaceful smile. Now the Company will feel haarrrrrrased!!!
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™