Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Sushilkluthra@gmail.com
Consultant In Legal Matters
+2 Others

Thread Started by #Prat_D

dear respective members,
I have query regarding legal issues with employees (with sales basically),who doesn't achieve targets in 1st month ,and management pressurize to terminate employees without salary,where employees make union to bully HR regarding salary and provoke other employees working in other areas.
Is HR responsible for this if employees doesn't get chance to accomplish target and also have pressure to recruit new employees also,although I am not satisfy with management order but,they said it is duty of HR to fire employees without a single Rupees.but being an HR person I have empathy with them also,but not able to do because I should save my job also.
18th June 2015 From India, Lucknow
Apprise the management about the statutory obligations cast upon the employer to pay salary to such employees. It is a different matter that you may take appropriate action as per rules to terminate a probationer but non payment of salary amounts to even violation of Shops and Establishment Act or ID Act for which penalty can be imposed. As HR you are also required to take necessary steps to save your skin.
Thanks
Sushil
19th June 2015 From India, New Delhi
As learned member Sushil pointed out,one has to follow provisions of law.
Terminate if you wish,but give them notice pay.
Targets may not be achieved due to various reasons-some beyond the control of employees.
Not paying their dues while terminating employment is illegal for which the company may have to face legal actions.Do advise your management appropriately in writing.
19th June 2015 From India, Pune
thanks for reply,I tried to make them understand ,but they are not ready they take advice from advocate for the same,ready to fight.
also my confusion is am junior HR in my company and above me their were Sr.Hr who didn't take necessary action or documentation against non-performers,and now he resigned and everything came to me.
I just want to know that what affect to me in terms of legal terms.
20th June 2015 From India, Lucknow
thanks for reply,tried my best to make them understand ,but they forward cases to advocate for legal fight with employees,I am junior HR here and my senior HR(sr.HR) didn't make any proper documentation against employees who are asking of their salary and threaten company for same.Now as I know that this is his my Sr.HR fault that he didn't sent any warning mail,PIP letter of enquiry letter etc.now when employees asking for salary,he resigned and abscond and everything came to me ,so being an HR what legal consequences I will face just want to know,please help because my conscious doesn't allow to leave company at this stage .
20th June 2015 From India, Lucknow
Write to higherup a self contained note of statutory obligations of employer to pay salary and keep record of its acknowledgment. Rest let god may give them wisdom. Thanks Sushil
20th June 2015 From India, New Delhi
Hello Prat_D,

Looks like, at this point of time, you have no other option but to save your skin.

Sales guys, anywhere, are given sometime to begin to prove their targets--it takes at least a couple of months to get tuned to the working culture of the new Company. Expecting & punishing for the I month target surely isn't a good management practice.

First & foremost, begin to communicate IN WRITING from now on--reg EVERY issue, including this issue as well--even as you follow whatever is told to you by the management. You never know when you you which proof to prove yourself. And, even when anything is discussed/told verbally, suggest record separately the points.

And BEGIN to look for a new job--your Sr HR must have seen this coming where HE would have become the scapegoat for such unprofessional management's unreasonable actions & hence resigned before he gets trapped.

You haven't mentioned since when you are working here OR how big is the Company. Some options MAY depend on these aspects too.

All the Best.

Rgds,

TS
21st June 2015 From India, Hyderabad
HR is expected to communicate important matters to higher ups.
You have an advisory role in many matters.
Put up the whole matter in black and white.
Make sure that you mention your verbal advice to your immediate HR senior who has left.
Even if matters are given to yuo verbally,put it up in writing subsequently and have full records.Documents will always save you when actions are rightful.
Your loyalty to your company is admirable but you must keep your personal and official position clear and avoid becoming a scape goat in case the thing goes into legal battles.
21st June 2015 From India, Pune
thanks Mr.Satheesh & Mr.Nathrao,

I have joined company 8 month ago and even my boss joined 4 months ago ,company is also not big as it will complete 3 years in july,earlier when I have join the company they were given salary to employee for 1st month even not completion of target but frequently sales employees left after taking salary without any work,since that management start putting pressure on new joiners for targets and this type of practice.I already told to my senior verbally please do proper evaluation process to avoid this situation ,but he avoids and even recommend higher authority to fire me for same ,and now he himself run away.
Also problem is, the owner of company is from Sales department and now I have to directly report him and follow his instruction.I request my manger that I would like to leave but due to no other HR ,they said serve 2 month notice period then you can leave & I don't want to abandon as like my Senior.

I already started looking for oppertunity but have 4 years of experience in HR and because it is only 8 month being an HR I would also not consider and called as job hopper it will ruin my CV too.
22nd June 2015 From India, Lucknow
I agree.
You should not be a job hopper,but keep your options open when certain things which are happening are beyond your control but can put you in trouble.
Dont become a scapegoat-simple and clear message is what I am trying to convey.
23rd June 2015 From India, Pune
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