Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

Thread Started by #Prasanna kumararaja

Dear Friends,
I am working as Hr in newly Startup Bpo concern.we recruit one candidates for our bpo process, explained him clearly 2round of screening will be conducted by trainer after finishing your 15 days training period ,in training period we wont pay salary. Unqualified with in 10 days, ur unfit to this process inform to search job, now he is asking pay for that 10days, filed complain in labour court,myself didnt issues offerletter & relavent document. dono how to solve this problem
Regads
San
3rd April 2013 From India, Dharmapuri
You had issued him the letter with the conditions for employment mentioned. However, isn't it an unwritten rule, that when you employ someone and issue him an offer letter, you are automatically agreeing to pay the talent ?
The conditions stood valid for the continuity of the employment. The salary processing remains a function, yet separate from that ?
There are firms that include an extended interview period, where they allow the candidate to work for the firm and find a fit. There are assessments at the end of the duration, clearing which the candidate finds a job. I trust, you aspired for a similar process.
However, in your case, with several question to the documents, you have fewer options now.
Please avoid issuing any offer letter before the candidates clear all the rounds . Wish you all the best !
4th April 2013 From India, Mumbai
Dear Prasanna,

Ignorance of labour laws is bane of BPO industry. In fact to certain extent this business also thrives on the ignorance of BPO employees of the labour laws. Behind glamour of "voice and accent" lies the exploitation of the employees that they do not understand.

Workers in manufacturing sector are little better in this respect because fear of labour unions forces management to abide with the labour laws at least superficially and second is that workers are educated on labour laws by the trade unions.

How can you show temerity of making somebody to work in your company and yet do not pay him wages? Payment of wages is a plain common sense and does not require knowledge of any labour law.

If petitioner proves his attendance in the court and if it is proved that you did not pay wages for the period for which the employee had worked, you are liable to pay the salary and possibly litigation charges as well.

Day in and day out there are posts in this forum to become "entrepreneur". The incident is eye-opener for all the budding entrepreneurs. Entrepreneurship is not just having vision and mission but also having basic knowledge of the laws that govern the businesses.

The only solution that I can suggest is to pay the wages and tell the petitioner to withdraw the petition.

To avoid problems of this kind in future start issuing letter for contractual employment for 15 days to the job candidate. Absorb the candidate into the rolls of the company provided he/she is found suitable. With the court case at hand hope you have learnt a lesson and I do not have to tell you that the contract employee needs to be paid wages for the period he/she works, whether found suitable for employment or not.

Ok...

Dinesh V Divekar
4th April 2013 From India, Bangalore
It does not cut ice with me on ethical grounds, leave alone on legal grounds. You recruit an employee after due process of selection and make him come to your office for 15 days and make him work in the garb of training for 15 days and do not pay him for that period and then find him unfit and give him a free advice to search for another job.What about the time which he invetsted in your comapny.Which labour law will allow this unfair labour practice? You do not have a sound case, in my view.
B.Saikumar
HR & labour Law Advsior
Mumbai
4th April 2013 From India, Mumbai
Hello San,

Further to what (Cite Contribution), Dinesh V Divekar & B.Saikumar mentioned, ANOTHER ANGLE surely seems to be present.

How was this person selected--meaning what was the selection process? The very fact that the company WASN'T SURE IF he would fit the bill to work full-time for regular durations--that's why you asked him to work for 15 days--points to very serious lacunae in your Selection/Interview Process.

After all, that's what any interview is meant to measure/evaluate--to check the MATCH between the individual & the job-at-hand....RIGHT?

In this case, your company wasn't sure if this would be a fitting=match or a MISMATCH & you want this person to PAY THE PRICE for YOUR shortcoming(s)? Whether it's fair or unfair is upto you to decide.

No wonder there are so many legal provisions to safeguard the employees' interests.

Suggest go by what other members suggested & look how to correct your processes [NOT by introducing a clause that there won't be any pay for 15 days, BUT by correcting the Selection Process so that you ensure the right person is selected in the First place] before you land in another such situation in the future.

All the Best.

Rgds,

TS
4th April 2013 From India, Hyderabad
Prasanna,

The above replies will not meet your requirement, primarily because you have not been clear in your information provided to us.

I understand you did not issue an appointment letter. You would do that after the training is over.

Also, I think this was training not working on live work. So he was being provided free training and was not working with your company in the meanwhile. I assume the training was done in house by the trainer.

Did he sign the muster roll as an employee ?

What other documents did you issue to him ?

Was an offer letter given ? Was training terms made clear in writing or by email ?

Did you create a company email I'd for him ?

The combination of all the above decides whether you can or can not deny his salary.

What Bpo do to void the problem you are facing is by various means.

First is not to take untrained employees. Instead they ask the employees to get trained by a certain training center and then join after they are qualified by the trainer.

In such cases, the training cost also is borne by the candidate.

In other cases, where the Bpo is willing to,pay for the training, they make it very clear in the offer letter that they are providing free training and that employment offer will be made or denied after the training.

Avoid putting the trainee in live work situation. First because then he can not claim to be employed. Second because it Can adversely affect quality if work and customer satisfaction.
6th April 2013 From India, Mumbai
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