How Can HR Implement Policies When Senior Staff Resist Change? Seeking Advice!

Dear All,

I am working in an IT company where most of the employees have grown along with the organization. In our company, the HR department asks for suggestions or views from employees to implement any kind of policies or procedures. However, as time has passed, we have found it difficult to implement any policies without the consensus of senior personnel.

Please suggest to me how to handle these types of employees. Does HR have an independent role to play in the implementation of policies or procedures alongside management?

Thank you.

Many times I have warned and advised not to give any privileges to employees. If any privilege is given, that will become a right. Your situation is like this. Certainly, you can ask for suggestions, but not frequently and not for each and every matter. There can be HR policies, and such policies may be somewhat flexible also.

Well, if you do not have any certified standing orders, you can go for that. You can frame your own rules, procedures, and policies (definitely in consultation with representatives of employees) and get it certified. Once it is certified, you can work according to the standing orders, and everything will have a clear idea. Then, you need not have to take consent of seniors or others on many matters. Since the certification is done by an official of the government department (Labour), the employees will follow it. Although certified standing orders can be amended after six months of their certification, it is done only in case of emergencies. I think this is the right time to go for that. In the present economic situation, I do not think that employees will object to any step taken by the management wherein service conditions are given a definite shape.

I also welcome contributions from others in this regard.

Regards,

Madhu.T.K

Hi Hari Priya,

The Human Resource Department has been given some autonomy when it comes to framing policies and implementing processes, subject to Management's approval. I completely understand the respect the senior employees command in your organization, but it should not become an impediment at any point in time for you to make the right decision. The whole motto of any HR should be to make the process simple and efficient.

My advice to you would be to address such issues directly with the management and seek necessary approval to avoid delays.

Hi,

HR can never function independently. Please understand this. Many times, senior persons say something and mean something else. It makes a lot of difference. You have to take them into confidence and convince them to bring about any change. This is a must. Try to document anything that concerns policy matters in a note and obtain the approval of top management. This will greatly help you. Well-documented policies can be the guiding factor, and any changes can be incorporated as and when matters arise. All the best.

Hi, I am David,

My grievance is as follows: My employer outrightly refused to pay my due wages for the last 6 months for the services rendered by me to the organization. He is based in the UK, and I am in Mumbai. Additionally, he even threatened me with dire action if I say anything to him regarding this matter. I have all the proof of employment and his threatening message.

Please help me and provide me with advice on what to do.

Thanking you all in advance.

Dear Priya,

You know, framing policies is a major function of HR professionals. However, implementation can only be carried out with the approval of the senior management for that specific policy. In other words, implementation is possible only with the permission of senior personnel.

Thanks & Regards,
Shweta :)

Dear David,

If your salary due per month has been around Rs. 10,000 only, you can find any recourse under the Payment of Wages Act and similar laws. Otherwise, you have to file a civil suit against your employer. Please seek advice on the possibilities of filing a case against a UK-based employer in India. If you have worked in India, you can normally file a case in India. However, if the service conditions mention that any dispute would be settled in the courts of the UK, then you have to find a solution for that. If your company in India is a registered one, it will have a separate entity from the persons forming it. In such cases, a case can be filed against the company, making the employer abroad the second opposite party.

Regards,
Madhu.T.K

Mr. David,

Don't worry about it. If you have all proof for your employment and threats given by your employer, then you should seek advice from a lawyer and file an FIR at a police station so that you can take action against him. You can also send a legal notice to your employer.

Yes, I have all the proof, like all the emails, appreciations, tasks completed by me, his emails saying that he will pay me in due course, plus hard copies of him inviting me to the UK to discuss and finalize the web and business strategy and communication. I worked there for three months on company expenses, etc. My only worry is that I don't have an official appointment letter and salary slip - of course, like the salary he had promised me, an appointment letter too, but he didn't give. However, he did mention in the official email that he is terminating my service to the organization with immediate effect when I demanded my wages from him. When he himself mentioned that he is terminating my service, that implies that he was using my service and knowledge all these months. It's only when I demanded money he fired me! It was a shock to me. Anyways, thanks a lot once again, Mr. Madhu and Sanjeev, for your answer. I am visiting various UK employment tribunal websites to find ways to nail him. As an Indian, I don't like myself to be exploited. I have tried negotiating with him but in vain. I will try to go legal, and the amount involved here is in lakhs. I don't want to lose my hard-earned money. If you all have any suggestions, please enlighten me so that if I succeed in my crusade, I will help other people who undergo this kind of exploitation. Cheers.

Hi David,

I completely empathize with your professional state of affairs. But what I really fail to understand is, were you not aware of the standards of the company before joining or at least after joining, you should have bothered to know the policies and procedures. Not demanding pay for 6 months is also equally wrong on your part; you should have known his true intentions.

Anyway, what your current employer did is completely wrong as per the labor act as well. But your case becomes a little weak because you do not have any formal letter of appointment with you. All I can suggest is to try consulting a good lawyer regarding this and find out your chances of winning. ALL THE BEST!