Dear Ronak,
I want to once again clarify that I was not specifically referring to you or blaming you at all. Only that I took this as an opportunity to remind short-cut seekers, emergency answers at the cost of not being able to accumulate any knowledge. In order to safe guard the long term interests of those who are new to HR I was just airing my advice!
I also said that I am aware that there will always be situations like you have described and I am also aware how laborious and ineffective it seems to get a direct practical answers by going through the Laws / Acts the first few times. But, by repeated readings, every thing will soon fall in place and become surprisingly easy and rememberable. Let me give you an example.
After I finished my MBA and after having worked for 1 year as a Lecturer teaching HR (not the Legal one), I got my first break as an Assistant Manager (Trainee) in a continuous manufacturing process industry, having 4400 workmen out of which around 2800 were contract labour. We had three unions representing the regular workmen and also the same three unions also representing the interests of the contract labour too!!! The company already had about 30 years of history when I had joined it in 1992. Some or other IR problems always arose each day.
We had a Sr.Manager (HR) (our HR head) who used to review the performance of the Asst.Manager -trainees and junior managers. He used to ask us to go through and memorise labour laws along with Sections, sub-sections, etc and used to give us a timetable for periodical tests including case studies!!!! Can you believe this??????? This thing is happening in an industry, a manufacturing concern, only in HR department? The tests were not formal or a part of any programme or policy, or even training exercise. All of us (especially me, an MBA educated!!!) were so enraged and furious with this man; thinking what was he doing, how he was treating us as school kids. But how could we counter him except by mumbling amongst ourselves. We had no choice but to prepare and attend those tests!!!!! Being clubbed in this sort of periodic exams (though informal) was challenging enough to your ego to do equally well if not better than the junior managers!!!!
There were no reprimands if you failed or did not do well. Only your results would be displayed among your colleagues and only good performances would get appreciation letters. No reprimand or punishments for those fairing bad in exams. THIS IN ITSELF PROVED TO BE THE GREATEST PUNISHMENT FOR NON-PERFORMERS. What a great, subtle and intelligent way did our big boss devise this mechanism only for our own professional improvement!!! He even knew and devised the mechanism for our memorizing as well as practically implementing these things!!!
But believe me, 15 years from that incident, even till date if I remember anything in any Labour Act, it is on account of that effort of my ex-Sr.Manager, to whom I am so reverently grateful and whom at that time I was severely critical and secretly revolting against. And mind you we, were tremendously busy and could hardly find time to concentrate on preparing for these tests during day time.
Moreover, initially even after a good repeated reading of these laws still you will have a lot of grey areas not covered in black and white of these statutes. Therefore, legal precedents become important. You know all this since you say you have done law. But these keep changing over time on account of newer judgments and interpretations. No doubt, now-a-days the degree of importance has (rightfully) shifted from legal / IR more toward HRD. But somethings are very strictly to be followed and ensured as per the statutes and therefore , the procedures, process have to be well known and especially the cases which fall in grey areas are very challenging. It is about these grey areas where the discussion forums can play a very helpful and enlightening role.
However, dear Ronak, I never felt that you personally were doing any specific mistake. It will be a mistake only if we repeatedly depend on others for those things which can be easily solved if we the basic home work AND WHICH CAN BE DONE WITH RELATIVE EASE.
I find your attitude very positive and very healthy and I wish you all the best in your endeavors. But inspite of what I have said, do keep asking questions!!!!! Since it helps those who wish to answer to oil their memories and state their experiences!!!!!
Warm regards,
M.Aditya Ganju