Dear All,

I am working in a Software company since last two months. I’ll provide you the following details about our company.
  • Employee strength more than 100, running business since last 8yrs, yearly turnover near 15Crores. More than 50% of employees are earning less the 10,000/- basic.
  • Registered under Bombay Shops and Establishment Act, but I wonder no inspection is done. Necessary registers or records are not maintained. Branch units in other states are not registered.
  • PF is provided to only those employees who are earning less than 6,500/-.
  • No sick leave or casual leaves. Yearly 18 paid leaves are provided, encashable only during separation.
  • 15 days notice period, if employee is absent during the notice period double the salary is deducted for each day of absence.
  • No ESI, No Bonus, No Gratuity.
I have drawn employer’s attention several times on these issues, but the employer was offended, he took it as I am showing my “attitude” not knowledge, I am not recruited to teach him his own business.

I proposed to prepare an Employee Handbook to inform all employees about HR Policies, Employer discarded the idea reason is communicating the policies will drive employees towards breaking the rules. It is better to keep them in dark, so that they will have some fear in their mind to get punished.

I proposed to do some Job Analysis for every position so that employees can have some clear idea about their role expectations. Again Employer was against of the idea because he wants single position with multiple responsibilities. Lot of responsibility with limited authority which should be automatic.

Employer doesn’t find it necessary to disclose information related to turnover and growth of the company to employees. In such an organization what betterment can be initiated by HR?

Employer’s attitude is like “I am the Law”, and for non compliance whatever may be the fine, he is ready to pay that amount. All HR initiatives are “Disturbing” for him.

Employer is quite confident in the way he is doing business, what should be HR’s role in such a situation? Shall I engage myself only with day to day activities and overlook the legal part? In future if some problem is there then can the employer fire me for not taking necessary actions on time?

From India, Mumbai
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Hi Sonai,

First of all, I suggest that you should start searching for a job elsewhere as it clearly seems that there is no requirement for HR in your organization. HR is required in every company, but there are still a few employers who do not understand its importance. Even to some extent, I am facing the same problem. Employers feel that going professionally will reduce their authority. We have to understand one thing - if there is no cooperation from top management, HR cannot do anything.

Regards,
Rajeev Dixit

From India, Bangalore
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This looks like a dictator kind of management. I suggest you begin by introducing some processes in day-to-day activities first, such as payroll and leave management. Then, slowly introduce other elements like incentives, bonuses, and overtime as applicable. Also, do some homework about other organizations with similar products and try to gather information about their management practices. By doing this research, you can gradually convince the employer to consider other aspects.

You have already informed them about the legal aspects, so it is up to them to manage those.

Regards,

Suman

From India, Bangalore
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Dear Sonai,

First of all, I must appreciate you for the manner in which you have expressed the entire situation, which is very clear and without any information gap.

I think you are a beginner or have less than 5 years of experience because in India, business on a small scale is conducted in the same fashion. Employers want more mileage from the business and therefore take more and more risks because HR is not their main focus. Their business objective is to make more profits and revenue, and your HR role should not conflict with their business interests as it may naturally annoy them.

It's better to cooperate with them. Initially, when I started my career in HR, I also came across similar situations. This exposure taught me how employers view HR economics in their business, even though I agree with you that it's a violation of laws and involves many unfair practices. However, for small businesses, these are survival issues. You cannot force an employer to spend when they are willing to seek peace with inspectors under labor laws until they can manage it.

You should protect your interest (JOB) rather than enforce laws or expensive HR initiatives. You will realize that even these inspectors under various laws also cooperate with your employer. The question then arises: who are you to resist without the authority to impose laws and HR practices? This is unwarranted.

Take care.

Partho

From Saudi Arabia
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Hi Sonali,

Firstly, I would not suggest you change your job due to such factors because you have to prepare a way from such conditions. I think your firm is a totally private company and comes under small scale. Regarding policies that come under the law, even if they are not favorable for staff, they are made by your employer, and his idea of doing business is based on that. In some cases, your employer is right. For example, everyone would like staff with multitasking if the organization has non-repetitive product orders, and that's why he is not allowing you to go for a job description.

However, in certain areas that are also violating legal aspects, you can move the situation considering Change Management techniques. As no one is ready for change at first instance, rather you try to change it step by step. For example, start the appraisal system both positive and negative, start forwarding internal notes for any upcoming policy. As profit is the essence of the business for your employer, start with some steps that are beneficial for him, and then you can guide him towards some corrective steps.

Please let me know if you need further assistance.

From United Arab Emirates, Dubai
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I thank all of you for your valued opinion.

I have completed my MBA in HR and have 1 year of experience, and this is my second job. I left my previous job because of the same reason; the employer was financially unable to support HR processes, although not arrogant. I have relocated to a new town in hopes of a better career. In such a situation, what should be my decision?

From India, Mumbai
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Dear Sonai,

The probable fact may be that your employer is new to this business. Probably, he might have taken over the business from someone else, say his parents or anyone. That's why he is quite unaware of all the legalities. I would suggest you work according to what he says as he is your employer after all. However, some very serious legal issues must not be overlooked. It's good that you are taking initiatives. But one day, just sit quietly with your boss and try to explain to him the possible outcomes of the way he is carrying on his business. Since you are in the HR Department, it's your right to talk about this. The probability is that your seniors are well aware of this fact, but I wonder why they are silent in such situations. But do not lose hope and keep up your work. Always remember, righteous work always pays off in the long run.

Do revert back to me if you have any queries.

From India, Pune
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it seems you have to go for some other job as it looks that there is no requirement for hr. regards v.srinivasa rao 9348022553
From India, Hyderabad
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Dear Sonai,

It seems like you are quite demotivated by all that is happening in your organization. I would suggest that since you are new to this town, you just relax and try to understand the mentality of the employers in Mumbai. Never lose hope. Just relax and go to work.

From India, Pune
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Hi Sonia,

Don't lose hope. As HR professionals, we often encounter challenging situations, which serve as a test of our ability to enhance visibility in the eyes of both employers and employees. To navigate this, you can begin by addressing small issues, gradually working on them and implementing solutions. It's important to avoid hastily pushing for drastic changes, as they may not be well-received. Instead, engage in informal interactions with employees, understand their perspectives, and communicate their concerns and thought processes to management and employers. Legal compliance is crucial; ensure adherence to laws and government regulations, highlighting the consequences of non-compliance.

In the meantime, consider exploring job opportunities as well.

From India, Gurgaon
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Since he seems to be not interested much in what you are saying, it's better to try once more in a different way by making him understand that HR policies are meant for the benefit of both employers and employees. Shed some light on attrition and all negative aspects that can hinder organizational growth. Alternatively, make him think about certifications that may be required down the line as everyone aims to grow within the company.

Be informative on how to handle the company without strict policies in place, especially when dealing with difficult employees.

I hope you understand what I am trying to convey. Encourage him to have some level of concern or interest, whatever it takes to motivate him to act on the requests you are making.

Once you receive approval, prepare the document in an unbiased manner and ask for feedback and corrections. You can reference other companies' rules if he attempts to make changes to your document. However, be strategic in challenging his guidelines by emphasizing the importance of flexibility in designing policies such as leaves and issuing relieving letters. Negative word of mouth from employees could lead to significant losses for the company.

View this as a challenging task and proceed accordingly. Remember, consistent changes in your approach may result in a shorter duration of employment with a particular employer.

From India, Hyderabad
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Dear Sonai,

The problem you are facing is typical for all HR professionals. Companies are focused on making profits at the cost of human labor. As HR professionals, we are like firefighters, having to navigate both management and employee needs. I suggest considering a job change since the situation you described resembles a dictatorship.

Regards,
Avinash

From India, Ahmadabad
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Dear Sonali,

I appreciate the way you explained all the practices. I suggest you not to change your job just because of the same reason. Stand in your position and resolve the issues one by one.

No matter what others suggest about changing jobs, everywhere you go, a few issues will be present. If you fear the problems, then you are making a mistake. This is what others are doing - lacking confidence in themselves.

Please go ahead and bring changes in your organization. It may take more time than usual, so be patient and plan accordingly.

I request other readers not to discourage fellow readers. If you do not have a solution for the query, it's better not to respond. Let's try to encourage and take on the positive challenge of assisting other members.

Please proceed, Sonali.

Regards,
Veeru

[IMG]https://www.citehr.com/misc.php?do=email_dev&email=aHIuY2FycGVsQGdtYW lsLmNvbQ==[/IMG]

From India, Madras
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Hi, I live in Sydney and looking to start my career in general HR. I am planning to do a certificate course in HR as well. Any advise on how to go about, will be highly appreciated. Regards Jaya
From Australia, Sydney
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Dear Sonali,

I am facing similar problems. However, if you still want to work with that organization, you will be in trouble. It is better to seek approvals through email. You can explain to the employer that this is in accordance with labor laws. If they are not convinced, it is their risk.

From India, Hyderabad
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Hi, Sonia,

Keep in mind that HR is a thankless job. However, try to develop human relationships, and HR will automatically follow. I know it is very difficult and painful. Someone has to do it. Therefore, do it. In the long run, it will pay off.

Thanks,
Vijay

From India, Aurangabad
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Dear Sonai,

First of all, let me tell you one thing - do not change the job, and this is not the right time to do so. Wherever you go, there will be one problem or another that HR has to face. By facing these problems, you will definitely become stronger. You can start preparing all the HR-related documents and policies for your organization. Begin with the smaller issues, as someone suggested above. Please do not argue about any of the issues with your boss; arguing does not work out. Discuss the issues at the right time.

Best of luck,
Chitra

From India
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Hi Sonai,

Problems are there in every organisation and every role. All I would like to suggest is that if you can overcome this issue..... then u can over come any big problems in future.

Here the problem is all about 'Convincing' your employer about your ideas and about 'Marketing' yourself and your role.

I would suggest you focus on these two points and you will come out victorious.

To be convincing, you should start seeing things from the employer's view. Make him feel that you are with him/her (employer) and everything else will follow. Rather than being an HR executive, start seeing the bigger picture. Start thinking how you would see as an HR Manager and not an Executive. Discuss things with your employer with his outlook.

I am sure you would learn a lot in the process, which would take you to greater heights and a better future. Don’t leave a problem behind, SOLVE IT....!! Problems are there everywhere and anyone can avoid it..... It takes a smart person to SOLVE IT....!! Be the smart one.....!!

:)

It’s great to be an HR.....!! It’s great to have challenges.....!! Without challenges, trust me.... its no fun.....!!




From India, Bangalore
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Hi Sonai,

I am wondering if you are still working in the same company. Start searching for a new job. I am sure this company is heading towards big trouble. Keep records of all the documents through which you have communicated the same to management.

Regards,
Niresh

From India, Mumbai
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Hi Sonai,

Just go with your boss. The small companies wanted to have HR but not a core HR team. The management is under the impression that it is overhead for them rather than operational expenses. It cannot change all of a sudden. First try to implement activities that will not incur any financial loss to the management. You are new. Try to get yourselves involved in resources allocated for projects, appreciate those employees who have contributed well to projects by displaying their names on the notice board, introducing some award/recognition programs, start introducing HR newsletters, etc. Slowly try to make your boss understand the importance of HR. It is better not to issue an Employee handbook until things are sorted out as required. Because once you issue a handbook, everybody will expect it to happen as stated in the book. Without management's cooperation, it is not possible to ensure that employees benefit. So be patient, try, and if you feel frustrated and if you think it is not worth working with them, then try for a better job. By the time you make a decision, employment opportunities might have a better shape.

All the best.

G Priya Maran

From India, Madras
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Hey Sonai,

Don’t get disappointed and don’t give up. These situations are very common in small Indian companies. But you have to think strategically that how as an HR you can use ur skills in the limited space provided by your employer. Understand the business of your company their mode of function and operation, this really helps HR to think more strategically from a business point of view. Start from small activities like HRMIS (record of employee’s personal and professional details), maintain a record of recruitment cycle with the source, closing time. Report on attrition. An organization chart. Attendance and leave record. Probation completion and confirmation status. Keep a track of joining formalities, Induction etc. start communicating more with employees to understand their point of view...then put it to management in a positive way. Also a research on employee’s policies and practices of similar companies will be helpful to you.

All the best!:)
Preeti

From India, Mumbai
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Hi Sonai,

I would suggest you continue with the same job and try to convince your employer by showing him the legal procedures mentioned in law books. Also, try to establish small policies, keeping in mind that they should benefit both the employee and employer.

Regarding the leave policy, I think most companies follow a similar policy, but consider increasing the number of leaves per annum as an option to improve employee satisfaction with HR.

Provident Fund (PF) should cover all employees, irrespective of the Cost to Company (CTC), with the amount deducted according to the CTC and the employer contributing the same amount as well.

Employees earning less than 10,000 are eligible for Employee State Insurance (ESI). As per legal requirements, ESI is mandatory for covered employees. Failure to provide ESI coverage may result in the company receiving a legal notice from the court. Make sure to explain this to the management.

Create a list of employees by department and have them sign a register before starting work.

Stay in contact with employees for their queries and suggestions.

Wishing you all the best.

Regards,
Sushma

From India, Hyderabad
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Hi Sonia,

In the starting phase of the career, we have to go through certain difficulties. Those who overcome these difficulties are the only achievers in their life. I think you are the only one who can judge the situation correctly. If you think your morals and your ethics will no longer align with this job, then start looking for another job. And if you believe that you can make positive changes in that organization, then start a revolution. It also depends on how the owner of that company is.

The most important thing I will say to you is never be disheartened and don't make any hasty decisions.

ALL THE BEST FOR YOUR BRIGHT FUTURE! :icon1:

Regards,
Ms. Gunjan

From India, Delhi
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Dear Sonai,

I think you should continue with this job and slowly and gradually, you should try to make them understand the role of HR in the organization and how HR works. You have to handle the situation very smoothly, as things will be fine as time goes by.

From India, Ahmadabad
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Yes, I think Rajiv is right. I am also working in a software company, and similarly, my MD prefers that I don't need a mediator between me and employees. Initially, he didn't prefer to keep even a register; however, after six months, he realized that it's wrong. So, give your employer time and try to explain to him the legal liabilities.

Regards,
Jayana

From India, Ahmadabad
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Hi, Sonia I guess the employer should keep a personal assistant instead of the HR. better u search sometime else and use your talent there. :icon6: pallavi
From India, Madras
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I was going through the discussions. Let us look at the situation in a slightly different way. The biggest positive is the employer wanted to hire an HR, and he hired one. So, the bottom line is he wants to do activities in his organization. Now the situation might be worse, but once you take up the responsibility, you need to slowly manage the show. Even though HR reports to the boss, the biggest twist in HR is you need to manage your boss's expectations also, just like you manage any other employee.

I would suggest the following course of actions:

1. Talk, talk, and talk again to your management.
2. Try to understand their perspective as clearly as possible; if there is any doubt, talk again.
3. Talk to employees in general, one-on-one, and get their feedback. You have to understand their perspective also.

Now, you have to study both sides and appropriately implement HR policies. We need to understand HR is a framework. We need to make policies according to your organization's budget, culture, and management vision. (But at the same time, law is law, that is not a framework.) For other aspects, you need to act according to the need of the hour, i.e., do not go by your assumption. You should have data to supplement it for anything and everything you discuss with your management.

Personally, I believe you can do it. Don't get dejected; we do not deserve to get dejected; we have to be self-motivated. We need to find out the smallest available positives and feel as if you are in heaven. Good luck to you.

Manish M Nair

From India, Ernakulam
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Hi Sonai,

Well, this is a somewhat similar situation for me. Even I am working in an IT company that has nearly 80 employees. Here, the management is fighting with each other, and they also want employees to work as per their comforts. Even if we initiate some HR practices, very little cooperation is received from the management.

I would suggest that you do not change your job. Currently, just focus on your day-to-day activities and do as your boss says. Later, you could explain to him the pros and cons of the legalities, which might help you convince him.

Regards,
Mustufa

From India, Mumbai
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Hello,

Don't ever think to change your job because this is what you will face wherever you go. This is a very good learning phase for you. With 2 years of experience in such an environment, I am sure an HR job would be a cakewalk for you. Don't ever get scared of any situation. Try to handle the situation and not escape from it. Like someone said, start doing things that are completely under your control and keep your employer informed, whether they like it or not, appreciate it or not. Just do your job and keep them informed. I am sure they will realize the importance of this data/information over a period of time.

Set up a weekly/monthly dashboard including headcount, various departments, attendance, latecomers data, and people who are stretching, etc.

Good luck to you. We are all here for you.

From India, New Delhi
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Hi Sonai,

It's not only about you; it's about every person who is working with a small or middle-sized company, but I am impressed by the way Mr. Partho has replied. Every stage is an experience for us, and we should look at it as exposure for our life. From now on, you have the answer to how HR works in small companies. If you look at the other phase of this issue, you are getting an opportunity to learn and initiate the processes.

Thanks,

Sandeep Bahuguna
sandeep.bahuguna@gmail.com

From India, Gurgaon
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Hi Sonai,

You have articulated your problem really well. HR professionals are generally met with strong opposition from senior management. The extent of opposition depends from company to company!

In your situation, it's best to adjust to the current atmosphere of the office. Flow with the organizational culture as of now. At the same time, don't lose your vision. Whatever flaws you have pointed out in your existing firm show your excellence as an HR professional.

Once you adjust properly to the office as well as the city, start looking out for better opportunities. I would not recommend you to do this immediately since you are new to this place.

All the best!

From India, Mumbai
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You should hope for the best and prepare for the worst. Simply giving up on the situation will not lead you to good learning. Try to align with entrepreneurs and, at the same time, start taking small initiatives that should be cost-effective.
From India, Delhi
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i do agree with parthasarthi. And if you want to be in the same firm, you have to cooperate with the employer . You can implements things slowly - steady manner
From India, Madras
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Dear All,

This is a problem of my friend Mandar's, and I would like to share the same topic because his problem is also the same in a small organization. A few days before, Mandar joined a small organization as an HR executive. Before Mandar, most HR activities had been done by other admin colleagues. However, after his joining, these individuals are not ready to hand over Mandar's specific responsibilities to him. He wants everyone to connect only with him as he is an old employee and gets along well with seniors. That's why everyone is connected with him, and Mandar's seniors also know this fact. However, they need other individuals, which is why they are ignoring Mandar's queries. I discussed with Mandar, but my technique didn't work. I want a solution to this topic. Please give me ideas.

Thanks and Best Regards,
Mahendra

From India, Mumbai
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