Balancing Ethics and Corporate Duties: Can I Help Co-workers with Employment Issues?

Dear Seniors,

I have a query, but before that, let me introduce myself. I am Samagata Chatterjee. I have been working in a company as a corporate legal professional for the last four years. During my working days, I was asked to frame HR-related policies for a short while, which I did. During that period, I was approached by my co-workers for help related to their employment. The problems they were facing were HR-related. In most cases, I helped them from my legal point of view, but in certain cases, I assisted them in drafting replies to their Show Cause notices as most of them were not proficient in drafting.

My Query

If I am working for a company, can I help my co-workers with matters related to their employment?

I find that there are two ways to look at this problem:

a. As I am a professional bound by my professional ethics, I am obligated to provide help to my co-workers for any problems related to their employment.

b. Any problem related to their employment should be between the Management and them, and I should not interfere unless the Management neglects to follow its own policy or any legal provision conflicting with Management's action.

The Management proposed for me to turn a blind eye to the problems of the co-workers. I replied to my Management in line with my point of view as stated above under a & b. Furthermore, I proposed to my Management that if they want me to ignore the issues, then the Management should not involve me at all in HR-related matters. The Management agreed and issued the necessary direction to our HR Department.

However, my query remained unresolved. On one hand, there is an ethical and moral obligation, and on the other hand, there is my corporate responsibility. Lawyers tend to balance between these two based on situations. I seek guidance from the seniors regarding their point of view as well.

Regards,
Samagata Chatterjee

If you are employed or engaged by an employer and working as a corporate legal professional, how will you help delinquent employees in drafting replies to the charge sheets issued by the same employer? Every employee in an organization should note that they may not act on any point that may be detrimental to the interest of the organization or lead to indiscipline among other employees.

Role of a Corporate Legal Professional

Being a corporate legal professional, you are aware of the job functions assigned to your role. Are you taking care of all issues pertaining to corporate affairs such as marketing, finance, sales, purchase, and including HR as well? If you advise management on HR-related legal issues, you are not supposed to render any help to your co-staff member/worker in giving draft replies to their respective charge sheets. Otherwise, it may amount to misconduct, and you are required to play a dual role, i.e., as a consultant in legal issues pertaining to other departments and as an advisory to the union or its member employees who are said to have committed misconduct as per the standing orders/service rules of the company.

Authority and Responsibility in HR Legal Issues

If you are given the sole authority to deal with HR legal issues, the HR department will be very happy to escape from their job responsibility regarding enforcing disciplinary actions. Then, you will be held responsible for framing charge sheets that are to be given to delinquent employees who commit misconduct in the future. In such a case, will you help the delinquent employee who commits misconduct in the future in drafting their reply to the charge sheet, which is supposed to be drafted by yourself?

So, my humble suggestion is that you are not supposed to help any employee who will be given a charge sheet or show cause notice that will be issued by the HR department as per the company's policy in enforcing discipline in the office.

Regards

Understanding the Role in Drafting Show Cause Replies

Please understand that drafting a show cause reply is not as severe as you may think. The reply was drafted according to the provided clarification and not based on grounds prepared by me. In our company, both HR and management seem to assume that no one else is capable of drafting properly, but they do acknowledge that my role is solely focused on drafting and not on preparing the grounds.

My concern is centered around the specific query provided. I do not have a role in preparing the charge sheet, and I should refrain from interfering unless the management fails to adhere to its own policies or any legal provisions that conflict with their actions. However, if the management does neglect to follow its policies or any legal provisions conflicting with their actions, should I turn a blind eye?