How Should HR Handle Unethical Practices and Unpaid Benefits in the Workplace?

Role of HRD in Challenging Scenarios

I want to know your views on the role of HRD in the following scenarios:

1. If the employer/management falsely accuses an employee?
2. If the employer/management refuses to pay PF/Bonus/Gratuity/Salary to a resigned employee?
3. If the employer instructs the HR Manager to engage in unethical practices?

Is leaving the organization the only solution?

Regards

I must appreciate the questions asked here. This is a dilemma most HR professionals might have faced at some point in their careers. It is unfortunate that most of the time, they end up being an employee harassment resource in the hands of the employer rather than a bridge between the employer and the employees. They can't really be blamed for this, as it ends up being the only way for them to save their jobs. Listen to the employer, or there are other fishes in the pond who can do your job!

Though it's completely unethical to support the employer/management in the wrong things they do against the employees, the only thing you can do is try to convince them that it's doing no good for the organization and will only bring bad publicity to them. And definitely stop them from putting wrong allegations against the employee. I have tried doing the same and ended up leaving the job because I could take no more. The choice is always yours.

Legal Obligations and Employee Rights

According to the PF Act, the employer cannot hold the process of PF withdrawal even if the employee has been terminated. Gratuity also needs to be paid after the employee has completed 5 or more years with the organization.

Though the payment of the bonus is up to the employer, whether they want to pay it or not (not sure about this one).

Hope this helps!

Regards,
Nisha :)

Mine is a clear case of employer harassment for not providing mandatory certificates on the last day of work. Even though I had given one month of extra notice period, the employer acted unethically by not providing relieving certificates, experience certificates, etc. Instead, they only provided me with a charge letter. (I have raised my case in the Employee settlement & harassment by employer thread.)

Regards,