How Should I Handle a Consultancy's False Promises Without Hurting My Job?

Dear Seniors,

Again, your suggestion is required for my peace of mind. I recently joined a company. I was sent here through a consultancy. The company is good, and management is also good. Overall, I am happy with the company.

Issue with Leave Benefits

The issue is that I was told by the consultancy (before I attended my very first round of interviews in the company) that I would be getting all leave benefits here in this new company. During the interview, I did not discuss the leave point with management as I was already committed by the consultancy.

Recently, I came to know that throughout the year, only 12 leaves are provided here. No PL is applicable to any of the employees.

Consultancy's Unethical Behavior

When I tried to talk to the consultancy, he behaved unethically. He said, "Oh my God, you are having so many problems; you cannot get these many leaves in all the companies. We are also not getting any PL, etc., in our company." Finally, he told me, "Tell me clearly, do you want to continue, or I will talk to management to replace you."

I just wanted to clarify his meaning by "all leave benefits" to employees, which are not available here at all, so it could be corrected for future candidates.

Seeking Resolution

I could not think what I should do. I can resolve the issue with the management at my level as now I am part of the company.

But I WANT HIM TO TEACH A LESSON that he should not have talked to me about whether I want to continue or not because the company has selected me based on my capability. He was just a mediator for which he will be paid.

Being an employee of the company, I can discuss my points with the company. Who is he to ask for my decision regarding whether to keep or replace me? He just needs to clarify his wrong commitment.

Please suggest something to me. But I wish my reply to the consultancy should not affect my relationship with the company as they have been nice to me.

Please guide me on what I should write to him regarding his rude manner. Please suggest. I am awaiting your reply.

Regards,
Ravita

Dear Ravita, do not panic. Kindly address your reporting manager smoothly, considering your position in the company. If the consultant has approached the management, refrain from discussing this matter with your manager, staff, or employees. Disregard whatever the consultant may say, as you are an employee of the company. Avoid engaging with the consultancy regarding leave-related issues and instead inform them that work is progressing well. Do not anticipate any retaliation, especially as a fresher. Let it go and move forward.

Regards,
Ramkishore

Dear Seniors,

Your input is needed for my peace of mind once again. I have recently joined a company through a consultancy. The company and management are good, and overall, I am satisfied. However, there is an issue with the promised leave benefits. The consultancy informed me before my first interview that I would receive comprehensive leave benefits at this new company. During the interview, I did not bring up the leave point with the management as advised by the consultancy.

I have now discovered that only 12 leaves are provided throughout the year with no provision for PL for any employee. When I tried to discuss this with the consultancy, they responded unethically, stating that such leave benefits are unrealistic and that even their own company does not offer them. They then threatened to speak to management about replacing me.

I simply want to clarify for future candidates that the promised leave benefits are not provided here. I am unsure how to proceed. I believe I can address this issue with the management internally now that I am part of the company. However, I also feel the need to teach the consultancy a lesson for their inappropriate behavior. They were only mediators and should not dictate my continuation at the company, which selected me based on my capabilities.

Please advise me on how to respond to the consultancy's rude behavior while ensuring it does not affect my relationship with the company, which has treated me well. Your guidance is appreciated.

Regards,
Ravita

I felt really bad about his reply, questioning whether I want to continue or if he will speak to the director to replace me, especially when he himself provided incorrect information. Regardless, I would prefer to avoid any conflict as the company is excellent. How can I determine if he has already discussed the issue with management? I am concerned that he may provide inaccurate feedback to the director about me. Should I approach management directly to explain the situation that occurred between us? Please advise.

Understanding Your Concerns

Who has recruited you—your manager or director? Secondly, why are you thinking so seriously about this small issue?

Scenario 1: Illegal Activities

Have you engaged in any illegal activities that would warrant your dismissal? No, right?

Scenario 2: Leave Expectations

Your directors seem least concerned about your attitude. You may be expecting more leaves in the company, but remember, humans require more leaves/holidays within the calendar year. Even if your director shares the same viewpoint, there is no reason to replace you. Stay calm, focus on your work, earn recognition from management, and demonstrate a high level of interest in remaining with the company. The rest will become part of your history.

Role of a Consultant

Remember, a consultant's role is solely to recruit and replace, and they do not have the authority to replace you under any circumstances, even if they share a good rapport with you.

All the very best for your future.

Regards,
Ramkishore

Thank you so much for your guidance. I am feeling relaxed and have learned from you the importance of avoiding unnecessary discussions with management until the issue reaches them through someone else. I will always keep this in mind, close the issue here, and focus all my attention on my work. Your suggestions are greatly appreciated.

Regards,
Ravita

Consultancy's Role and Your Responsibilities

A consultancy's role is to scrutinize your suitability for the given position. Such trivial issues should be taken care of at your end while you are negotiating. Did you not read the appointment letter? Paid Leave (PL) is mandatory, and the company you have joined is fraudulent, I presume.

Regards,
Pon

Welcome! I am glad to hear you are feeling relaxed. In the meantime, I would like to know whether, instead of PL, you have EL/CL/SL in your company?

Regards,
Ramkishore

No, Ram, we only have 12 leaves throughout the year. This rule has been in place for the past 5 years since the company started.

Dear Pon & Ravitha,

As per the Factories Act 1948, 1 leave for every 20 days results in 12 leaves, which is correct as per the rule. However, most companies provide EL = 1.5 * 12 = 18 days, CL = 7 days, and SL for those not eligible for ESI: SL = 9 days. The rule is 12 days, but it should be encashed yearly once, or if leave exceeds more than 75, your company should encash it. Your company provides very sufficient leaves; it depends on your company policies.

Regards,
Ramkishore
Manager-HR

Dear Ram, Please clarify more on this; I did not understand. Just for my knowledge, if any company is providing only 12 leaves throughout the year and no EL/PL, is it correct as per the labor law?

Thank you. Regards

Twelve leaves, which the company provides, are categorized as PL/EL, meaning they can be encashed yearly. This is referred to as EL - Earned Leave / PL - Privilege Leave. Therefore, your company is not offering CL - Casual Leave or SL - Sick Leave.

Regards,
Ramkishore
Manager - HR

Ok, now I understand. Yes, you are right. Regardless of how many leaves employees take throughout the year, the company deducts salary on a pro-rata basis but reimburses the money for 12 leaves at the end of the year. Thank you for the clarification. I am clear on this now. Thanks a lot.

Please refer to your company policy first. Get a soft copy or hard copy and study it well. If you have a probation period, the leave calculation is different. Why are you getting tense? Once you go through your policies, then get your queries resolved by your company's HR. If you still have questions according to labor law, we will surely guide you on the same.

Thank you.

I went through the policy, and it doesn't matter whether you are on probation or confirmed. The rules are the same for all. Only 12 leaves.

It's nice that you have understood the issue from Mr. Ramkishore. As you are traveling with your company and not with the consultant, you need not bother about the consultant and their rough behavior. It all happens in the field.

Keep sailing in the company and learn all features from your HR department. Suggest your views as an employee of your own, not quoting the consultant. The consultant's job was over once he/she placed you in the job, and for that, they can say anything irrelevant to the Act and the policy. Definitely, your company should have its own policy, which will be adjusted according to the situation and the policy of the government or local body then and there. So, be patient, concentrate more on your area of work, and forget about the consultant and their words.

All the best.

Regards,
T. Kumar

I think you need to speak to your HR or your director, depending on whom you were recruited by and with whom you have a good relationship. Tell them that while being recruited, you were promised a certain amount of leave by the recruitment consultant. Now, you have found that the leave rules here are different from normal industry practice.

Make it immediately clear that you have no problem with the leave rules, but you are concerned that the company's reputation and employee satisfaction will suffer if the consultant provides wrong information to prospective candidates and then tries to bully them. You wanted to bring this issue to their notice so they are aware that the consultancy is providing misinformation. Ensure that you have made it clear that you would have joined irrespective of whether you were told of 12 leaves in a year or the full spectrum of 28 days given by others. You only wish to bring it to their notice so that they can take corrective action regarding the consultancy.

I think that should suffice. Don't bother if they take action or not. You have done your duty of informing them. Concentrate on your work and achieving success in the company.

No need to worry about the company policies or the consultancy. As you know, job consultants have targets for recruiting and hiring employees, so during this phase, they do not discuss the issues you are facing now. It's over, so please forget about it.

Regarding Company Leave Policies

Regarding your leaves in your company, we can't change the policies of a company that has been maintained the same for 5 years. I kindly suggest why don't you look for another job because what I understood was that you are not satisfied with your company's policies. After all, job satisfaction is important for an employee at the end of the day. There are many companies with very good HR policies, good allowances, and benefits (leaves), and going for another good chance is not wrong. Consider this as an experience and please clarify all the policies before joining the company. This should be done only with the concerned company HR, as consultancies are not concerned with the policies; they mediate between employee and employer.

Anyways, all the very best. Have a nice day.

Regards,
Prapulla

My suggestion is that today, your presence in the company is due to the consultancy, right? In any company, there will be CL, PL, and SLs. You can manage that within your company. Again, your suggestion is required for my peace of mind.

I recently joined a company. I was sent here through a consultancy. The company is good, and the management is also good. Overall, I am happy with the company.

Issue with Leave Benefits

The issue is that I was informed by the consultancy (before I attended my very first round of interviews in the company) that I would receive all leave benefits in this new company. During the interview, I did not discuss the leave policy with the management as I was already committed by the consultancy.

Recently, I discovered that throughout the year, only 12 leaves are provided here, and no PL is applicable to any employee. When I tried to talk to the consultancy, he behaved unethically. He said, "Oh my god, you are having so many problems. You cannot get this many leaves in any company. We are also not getting any PL in our company, etc." Finally, he told me, "Tell me clearly, do you want to continue, or should I talk to management to replace you?"

Clarification Needed

I just wanted to clarify the meaning of "all leave benefits" to the employee, which are not provided here at all, so it can be corrected for future candidates. I could not decide what to do. I can address the issue with the management at my level as I am now part of the company.

But I want him to learn a lesson that he should not question me about whether I want to continue or not because the company selected me based on my capabilities. He was just a mediator for which he will be paid.

As an employee of the company, I can discuss my concerns with the company. Who is he to ask for my decision on whether to stay or be replaced? He needs to clarify his wrong commitment.

Please suggest something for me. However, I wish my response to the consultancy should not affect my relationship with the company as they have been kind to me.

Please guide me on what I should write to him regarding his rude manner.

Looking forward to your reply.

Regards,

Ravita

As per the labor law, every company should provide 1 day of EL/PL for every 20 days worked. This is mandatory.

Thank you, everyone, for your suggestions and guidance. Following your suggestions, I have settled the issue with my employer. I am happy with the company and with the bosses.

Regards,
Ravita

You are answering your question yourself by mentioning, "HE WAS JUST A MEDIATOR FOR WHICH HE WILL BE PAID." It's your fault, not the consultant's, as most placement agencies work as a link between the company and the candidate, not as hiring partners. It's the company's and candidate's responsibility to clear all points well in advance.

So, it's better to move on and concentrate on your current role and responsibility. Prove and establish yourself.

Thanks,

Sushil

As per the query, I understand your point. However, in the future, regarding company benefits, please discuss directly with the interview panel members and not with consultancy personnel.

Leave Rules for CL and SL

For leave rules for CL and SL (SL individuals who are not eligible for ESI), you may avail of this immediately from the date of joining. For EL/PL, they are only eligible after confirmation, i.e., after the completion of the probation period of six months.

Seniors, please correct me if I am wrong.

Regards,
Shriram
[Phone Number Removed For Privacy Reasons]

After reading the full text, I understand there is a misunderstanding between you and the consultant. I will explain to you in what ways now.

1. A consultant is the person who acts as a mediator between the company and the job seekers.

2. Either the consultant can approach the job seeker, or the job seeker can approach the consultant.

3. In both cases, the consultant should act as a mediator and provide consultation about the job for the job seekers. Logically speaking, the consultant should know the ins and outs of the company to which he/she refers the job seekers. However, it is not within the consultant's control; the company must share as much information as possible. In reality, most companies do not provide enough information to consultants, even though such information is necessary for an effective recruitment process.

Essential Information for Effective Recruitment Process

Most companies do not share the following essential information for an effective recruitment process:

- Name of the company and information about the company, such as the website, etc.
- Job description
- CTC range
- Benefits provided by the companies after employment
- Reasons for the rejection of candidates
- Reasons for putting a job/candidate on hold
- Etc.

Therefore, considering that consultants are not allowed by companies to obtain more details, in such cases, how can the consultant know the leave details?

The primary responsibility of the interviewee/job seeker is to gather more details about the job and the company on their own or directly ask the employer, at least during the interview, instead of expecting this from the consultant.

Regards,
Senthil Kumar

I have gone through your entire case and discussion within the forum.

1) On the primary hand, the company has to provide leave benefits to the employee. The terminology may be PL/Leave or Earned Leave.

2) Consultants do not know the details about the benefits of the company.

3) Further benefits are company policy decisions.

Learning:

A) If you like the organization, do not worry about the benefits.

B) Do not inquire about the benefits from the consultant.

C) Kindly try to handle it in a diplomatic way; do not argue with the consultant.

D) Do not question the benefits with the manager/director during the new hire period. Getting a suitable and good job is the objective.

E) Do not escalate the matter to the director or another person unless it is of high importance.

To vendors and consultants, always be on the softer side and keep the above points in mind.

Regards,
Lalit

During the interview, you should have asked about the number of leaves applicable to your category. Your problem would have been solved then and there.

Clarification Needed on Legal Coverage

Please clarify whether your organization is covered under the Factories Act or the Shops & Establishment Act. (Factory or IT firm)

Leave Entitlement

Leave entitlement depends on the information provided in item no. 2.

Weekly Offs

How many weekly offs are you currently enjoying? Please clarify the above to provide the right advice.

Regards,
RDW

Before joining the company, you should gather all the necessary details directly from the company and not rely solely on the consultancy, as their interests may only align with their own agenda. I recommend suggesting to your company to consider engaging a different reputable consultancy for recruiting prospective employees. This approach will not only benefit your company but also serve as a valuable lesson for the consultancy in question.

Regards,
Ankur Gupta

Was it Rude Behavior?

I don't think so, and neither did the consultant make any false commitment to you. Regarding your query about leave, I am sure he must have told you, "You will be entitled to all leave as per the company policies." At his level, he cannot commit to anything that is not part of company policy. It doesn't matter what you like to call him or how you want to treat him, but remember that he has played an important role in getting you the job. Your skills would have been of no use had he not provided you with an opportunity. There are so many skilled and educated people out there, but not everyone is getting opportunities.

I hope this will help. Have a great day and take good care of yourself.