Facing Tough HR Scenarios: How Would You Handle Non-Compliance and Contractual Disputes?

Dear All Seniors, I have been asked the following questions to which I was unable to provide answers. Could you please tell me what the answers to the following questions should be?

1. If you have been called by a government officer for non-compliance with statutory regulations, and he is not willing to settle the issue by accepting a bribe, how will you manage the situation?

2. If you have employed an individual on a contractual basis, and after 5 years, that employee requests all benefits from the beginning, making no sense, what will you do? If you decide to settle all their benefits, and 15 similar cases come to you, how will you handle them?

Please help.

Not all officers are alike; some may accept, and some may not. Even if they do accept, they will still ask you to comply; hence, it is better to comply in full. If the officer does not accept, they may impose some penalty, so it is better to let them receive the letter and then approach their senior. Inform the senior about your readiness to comply, explain the reasons for non-compliance, and ask for solutions to resolve the issue.

Contractual Employment Strategy

It is advisable to hire someone on a contractual basis for one year and then terminate the contract after the year ends. Subsequently, redeploy with a new agreement. Each contractual deployment should be time-bound; otherwise, the need may become perpetual, eventually requiring regular employment. If you settle one case, you may need to extend the same to other individuals as it sets a precedent. In such circumstances, it is better not to yield to pressures.

Regards,
Kamesh

Addressing Statutory Compliance and Contractual Employee Issues

Surely, the easiest way to answer questions such as this is simply to say that when you take on the role, you will put in place the necessary systems to ensure that all statutory requirements are complied with.

After the events of the past several weeks with Anna Hazare and his campaign against corruption in India, I would hope that CiteHR members are going to take a stand and start putting in place actions to stamp out these insidious practices.

As far as problems with contractual employees are concerned, that is also simple. You make sure the contracts spell out the details of employment very clearly and leave no room for misinterpretation.

None of this stuff is rocket science, people. It is basic problem-solving. Identify the problem, then put the systems in place to ensure it doesn't happen.

So many of you forget that this is an area where you can shine in an interview. Every single employer wants people who can solve problems. Tell them you can solve their problems, and you will get the job.

Dear Patel & others,

Ultimately, compliance is the answer and not a bribe. A bribe will result in the demand for more and more bribes and blackmailing, ultimately leading to unpleasant situations. Therefore, a two-pronged approach could be taken. Firstly, ensure due compliance, and secondly, and most importantly, build relationships. While not everyone can be satisfied by bribes, many would offer you the right leverage if you cultivate relationships. There are many instances where relationships have solved the riddle rather than bribes.

Contract Labor Solutions

Regarding your second question on contract labor, a possible solution could be to settle the issue with direct talks and offer a full and final settlement by negotiating a lump sum amount if the worker is willing to leave the job and make a quiet disappearance. If there is a confrontational attitude, then it is necessary to prolong the matter as much as possible with the essential help and coordination with the contractor.

These are situational questions, and there is no one right answer to them. The interviewer, by posing such questions, is attempting to assess the personality and value system of the interviewee. Therefore, there is no need to be unduly worried about whether you have answered them correctly.

Regards,
KK

Other members have asked these same questions many times before, and others have commented on them. Please use the search box at the top of every page, and you will find a lot of information about these sorts of interview questions. The key point in answering these questions is to make sure you focus your answers specifically on the requirements of the position you are being interviewed for and keep your answers very short and succinct. Don't waffle and stick to the point.