Facing Threats from Assistant Directors of Factories: How Should We Legally Respond?

Dear HR Friends, I am back with an issue that has been ongoing for some time. Assistant Directors of Factories referred a candidate for an interview, but he lacks knowledge. Despite this, we decided to consider and select him. However, his salary expectations are twice what we provide. Consequently, we communicated this to the Assistant Director of Factories, who is now threatening and using harsh language. I am concerned that he may cause trouble for us in the future during inspections and license renewals. What legal steps should be taken against him? If he comes for an inspection, it could lead to complications. I am seeking important advice from fellow HR professionals on how to proceed. I have several plans in mind, and I believe discussing them here could be beneficial for everyone. I will share my plans in upcoming posts.

Regards,
Ramkishore
Assistant Manager, HR

Dear Ramkishore,

I feel it would be better if you hire that person and put him under training as a trainee. Inform the candidate that he needs to prove himself during the probation period (6 months), even if he was not up to the mark in the interview. Clearly communicate to him that if he fails to demonstrate performance, he will be dismissed. Allow him to make a few mistakes during the probation period. Establish strict rules for all employees and ensure the candidate adheres to them. Provide him with two chances, and on the third instance, terminate his employment with a detailed explanation letter. However, this entire process may take 2-4 months, meaning you will have to pay his salary during this period. The Assistant Director should feel regretful for recommending that specific individual, so you must make a strong negative impact on him.

If you believe that this approach is unnecessary and you wish to go against the Assistant Director of Factories, you may encounter significant issues. As HR professionals, we always strive to cultivate strong relationships with everyone. Remember, "Be good, do good, and expect good from others."

Regards,
Vinay Kumar

Dear Mr. Vinay Kumar,

I think if we recruit him for a higher salary compared to others, the whole organization will be affected because of this specific guy. He is expecting twice what we provide for the specific post. Meanwhile, the Assistant Director called me and mentioned the same salary, which raised some concerns. Your idea may work if he is not referred by the Assistant Director of Factories. Legally, we cannot fire him as soon as we think because you know the facts. Thank you for replying. I expect many valuable suggestions as Vinay Kumar suggested.

Regards,
Ramkishore
Assistant Manager-HR

Dear Ramkishore,

The idea of the Assistant Director of Factories is to help this person find a job, not to secure employment for him within your organization, I believe. The best solution would be to request your director to leverage his connections and influence to assist this individual in obtaining a position at another company or a business partner's firm. By doing so, your issue will be resolved. In the meantime, make sure to document all conversations and communications with this Assistant Director of Factories. This documentation will enable you to monitor his actions when necessary. If he continues to insist on his demands, consider involving the Anti-Corruption Bureau.

I understand the situation, and I want to emphasize that it requires considerable inner strength and conviction to stand against corruption. Being honest, upright, and ethical brings the greatest contentment in life.

Regards,
Octavious

Dear Octavious, I had discussed the same as what you have mentioned. I have several networks in Bangalore, and I can refer him and place him in any other company. He thanked me for my concern and mentioned that we can talk further when he comes for inspection. I assured him that I have a strong network and can place him elsewhere, but the issue is that his brother works in a neighboring company. I explained that it would be beneficial for him to join our company considering the salary we offer, but the Assistant Director is not willing to compromise.

Thank you for your ideas and suggestions. The idea of approaching the anti-corruption bureau sounds promising. However, yesterday, I learned from the admin manager that this individual has close ties to the Labor Minister and wields influence from the central government. I am unsure how to navigate this situation.

Regards, Ramkishore Assistant Manager-HR

Dear Ram Kishore,

Tell me frankly, what is the position you're offering him and what experience does this guy have? Also, please inform me about the salary you are offering him. Ensure he is paid the same salary as others. If not, clearly explain to him (Asst. Director) that as per our company policy, we will provide only that salary. However, we may consider paying him slightly more, around 2k-3k. We will review the salary again after 3-6 months; until then, advise him to remain patient.

Politely inform him (Asst. Director) that we can offer him a job, but regarding the salary, it is subject to management decision. The final salary will be determined by management. Leave the salary discussion to management; suggest he directly consult with them to avoid your involvement in this matter. If he still declines the offer, express our regret and allow him to make his decision.

Lastly, I find Silpa's statement to be favorable. You may proceed with that.

Regards, Vinay Kumar

What Silpa says is correct, and it will work, so don't worry about the Assistant Director of Factories. Select the guy and put him in the department where the work pressure is higher, and inform the department head to keep an eye on the person (if that department head is loyal). Otherwise, create the pressure, and he will run away. Don't worry, my friend.

Remember, nothing is impossible in the world; the only thing we would not do is give life to the dead.

Regards,
R Parthasarathy
Deputy Manager HR

Thank you, Mr. Octavious, for such positive motivation. I will definitely address the issue; no one is above the law. Thanks for reminding me that I can confront any official. In this case, I will strive to meet all my statutory requirements and ensure there are no loopholes.

In the meanwhile, thank you, Parthasarthy and Silpa, for your suggestions. Let's consider the candidate's situation; he did not make any mistakes but was only referred by Assistant Directors of Factories. Considering that he has already lost his father, we should empathize with his situation to ensure it does not adversely affect him, especially since he is a fresher.

Regards,
Ramkishore
Assistant Manager - HR

I think the best measure is to take advice from someone above this assistant director—showing your concern—as if seeking permission. If the higher authority says yes, you really have nothing you can do from your current position. Be within the system, move up the ladder where you can effect change. For now, do as the bosses instruct you—there may be more to the story regarding why the assistant director wants this person hired.

Dear Mr. Ram Kishore, The Assistant Director of Factories can recommend someone for the job, but he cannot dictate that you pay the salary the candidate demands. Hence, you can straightforwardly tell him the maximum CTC you can offer to the candidate, and if he still insists you pay the higher salary, you can politely say NO. If necessary, you can explain to him that fixing a higher CTC will affect others. If you oblige him and fix a higher CTC, you may face the following problems in the future.

1. It demotivates the other employees in your organization, leading to dissatisfaction among them and potentially further leading to attrition.
2. Tomorrow, some other powerful government officer may ask you to recruit his candidate as in the present case. Then, where is the end to it?
3. If you take the candidate and remove him after some time on the grounds of improper performance, the Assistant Director of Factories also gets annoyed.

Regards, D. Phani Kumar DGM- HR.

He can be recruited as a fresher and given achievable targets so that during the performance appraisal, you will have the judgment. Teach him well and keep him only under your custody. A day will come when you have to send him for license renewal or any other factory inspector/labour department work, so he must handle the same.

By giving him an opportunity to deal with the labour department, recruit him as an Assistant Labour Executive with basic tasks related to HR and the labour department only. Best of luck, don't worry about the inspection or his attitude. If you try to meet him at least twice a month, he will finally realize and talk to you smoothly because he needs that from you.

Regards,
Dr. Ashokan Sr. Manager Compliance

Respected Ramkishor Sir, let us know for which location the Assistant Director is working. Please do not assign him any tasks and instruct him to participate in Silent Training. Please do not be afraid of an inspection.

A Story of Courage and Compliance

I would like to share a story with all of you: We have recently set up a new die-casting plant, and for that, we required a certificate called CTE (Concern to Establishment) from the pollution department. The concerned person demanded one lakh for the CTE only, but the company employees advised him to halt the construction at that point and informed him to lock the factory with a notice stating that we were not granted permission by the pollution department despite fulfilling all requirements. A copy of this notice was sent to the pollution department as well. After three days, he received a call allowing us to proceed with the CTE.

So, please do not be afraid, but kindly share the location where the Assistant Director of Factories is stationed.

Regards, Kuldeep Singh

Dear All, thank you so much, Mr. Kuldeep Singh, Dr. Ashokan, Mr. Phani Kumar, and Saswat Banarjee, for your valuable posts. I am not scared of him; I dare whomever the Director sends for inspection because I am proficient in statutory matters, and facing it is not a problem. I try to implement all these and be ready in the right situation.

Regards,
Ramkishore
Asst Manager-HR

Do you want to encourage corruption by acceding to the request of Statutory Authorities? If you are complying with all the statutory provisions in your premises, you need not bother about him. In case of any non-compliances, bring it to the notice of your management and take appropriate corrective measures, which may cost you less than accommodating the request of ADF. 100% statutory compliance is better than favoring statutory authorities.

You can send a mail to ADF stating that the person referred by him has been interviewed and he can be engaged for the post and salary as per your company's policy. You can also send an offer letter to the candidate in parallel. In case the candidate rejects the offer, you can also communicate with ADF.

If he replies, preserve it as a document for seeking favor from you, which can be used against him at a later date if he creates any problem. However, before resorting to this, keep your top management posted on this and proceed.

Addressing Statutory Authority Requests

Do you want to encourage corruption by acceding to the request of Statutory Authorities? If you are complying with all the statutory provisions in your premises, you need not worry about him. In case of any non-compliances, bring it to the notice of your management and take appropriate corrective measures, which may cost you less than accommodating the request of ADF. 100% statutory compliance is better than favoring statutory authorities.

You can send an email to ADF stating that the person referred by him has been interviewed and can be engaged for the post and salary as per your company's policy. You can also send an offer letter to the candidate concurrently. In case the candidate rejects the offer, you can also communicate with ADF.

If he replies, preserve it as a document for seeking favor from you, which can be used against him at a later date if he creates any problem. However, before resorting to this, keep your top management posted on this and proceed.

Thank you, Mr. Ramachandraiah & Sekhar S Iyer. Mr. Sekhar S Iyer, I told him the same thing I have posted in the previous post. Still, ADF did not respond. I will keep updating the status on the same post.

Regards,
Ramkishore
Asst. Manager-HR

I agree with Slipa's suggestion, and I also feel Ramkishore is right on humanitarian grounds. But friends, we are in a real situation, and the solution should be realistic too. However good you are or perfect in maintaining records, there might be scope for error as we all are human beings. What I mean to say is, let us not be completely professional or emotional either. A person (referred candidate) who is supporting and voluntarily involving himself in this process (crime) is also a criminal.

The objective here is you are paying him double or triple, whatever it is. You need to allot him the same job for the amount you are giving him and understand whether you can extract that amount of work or make him realize or prove to him that it is not his cup of tea—'Self-realization.' Suppose he comes out with flying colors, you are lucky to have this person in your organization, or ensure he leaves himself and apologizes.

Regards,
Rajesh

As per my suggestion, first, you should have created some audio-visual or documentation records of the conversation with him in this regard. However, since you have appointed him, try to involve him in all matters that may concern that director in such a way that he may be held responsible, either fully or partially. Try to avail the benefits of his position and relationship with that director. Meanwhile, as soon as any wrongdoing is found, you may take disciplinary action against him.

Resolution of the Issue with the Assistant Director of Factories

With reference to the above post "Very Very Important Decision: Assistant Directors of Factories Threatening," I would like to thank Vijaykumar, Octavious, Silpa, R Parthasarathy, D. Phani Kumar, Dr. Ashokan, Kuldeep Singh, SS Iyer, and Rajesh for showing their keen interest in solving the issue and offering support.

Here is the solution, and I got relieved from him. As he threatened me, I did not approach him again for 10 days. I started to approach a known person who is in the same cadre, an Assistant Director of Factories. I asked him whether he knows him, and I found out that he knows him well. I told him that he is doing too much regarding my case. I explained the whole story as stated in my post and warned him, saying I can quit this company and move to a better job. However, the Assistant Director who threatened me, I will raise a complaint against him to the Senior Director of Factories, file a petition against him for CM, give a press release note, and even seek support from the Center. I know that he can come for an inspection and ask questions, but I am prepared to face him legally and statutorily. I said this to him.

It seems he has informed the Director who threatened me. After 5 days, the Director who threatened me called me on my mobile and once again referred me to a female candidate. This time, I got annoyed. Why is this guy referring people to me? I called her for an interview and checked her interest. She was very talented. I asked her how long her travel time is from home to our company, and she mentioned it takes around 1 1/2 hours. I told her it would not be feasible to spend 3-4 hours traveling. I even offered her bus facility, but as I suggested to her and her father, she did not turn up. This is what I was waiting for. I called the Director and informed him that the girl he referred did not respond even after I provided her with a bus facility as she was referred by him. He apologized, mentioning that he understands I showed preference to her. Thanked me anyhow, and the rapport started to build with him.

Thank you, CIteman Friends. I posted here to share knowledge with you all, HR Gems.

Regards,
Ramkishore
Assistant Manager-HR