Seeking Expert Advice on Store Management Responsibilities
I need the advice of experts on a matter. My company has decided to open new stores across various parts of India. These stores will be in Class A towns. A regional store manager will be in charge of a certain number of stores in a specific region or town. Since operations are primarily day-to-day, our legal team has suggested that the regional store managers also be responsible for maintaining all statutory compliances.
According to the legal team, this requirement should be included in the freshly issued appointment letters. However, I do not agree with the legal team's views but have no idea how to enforce the regional store manager's responsibility for maintaining all statutory compliances without causing any disruptions in the company.
From India, Mumbai
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8I need the advice of experts on a matter. My company has decided to open new stores across various parts of India. These stores will be in Class A towns. A regional store manager will be in charge of a certain number of stores in a specific region or town. Since operations are primarily day-to-day, our legal team has suggested that the regional store managers also be responsible for maintaining all statutory compliances.
According to the legal team, this requirement should be included in the freshly issued appointment letters. However, I do not agree with the legal team's views but have no idea how to enforce the regional store manager's responsibility for maintaining all statutory compliances without causing any disruptions in the company.
From India, Mumbai
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Disagreement with Legal Advice on Responsibility
Why do you disagree with the legal team's advice? Who will be responsible for day-to-day operations? Some higher-up has to oversee all legal compliances through managerial staff in individual stores. For example, shops are expected to have fire safety devices. Now, the shop manager is directly responsible for ensuring the presence of fire extinguishers, safety exit doors, etc. However, the overall regional manager should have a supervisory outlook to ensure each shop under his jurisdiction complies with local laws. Adding this legal clause pinning down responsibility for legal compliances is a positive step.
From India, Pune
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Why do you disagree with the legal team's advice? Who will be responsible for day-to-day operations? Some higher-up has to oversee all legal compliances through managerial staff in individual stores. For example, shops are expected to have fire safety devices. Now, the shop manager is directly responsible for ensuring the presence of fire extinguishers, safety exit doors, etc. However, the overall regional manager should have a supervisory outlook to ensure each shop under his jurisdiction complies with local laws. Adding this legal clause pinning down responsibility for legal compliances is a positive step.
From India, Pune
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Concerns About Incorporating New Clauses in Appointment Letters
The move to incorporate such a clause can be counterproductive.
Firstly, we are suddenly issuing new appointment letters with a new clause after the appraisal has been completed.
Secondly, as an HR professional, I had an informal discussion with a couple of Regional Managers (RMs) who didn’t understand the reason for such a move, as this was a sudden change in company policy. Their argument was that when they were employed, no such responsibility was mentioned to be borne by them, and now, after many of them have completed more than 2 years of service, this new clause was not acceptable.
Query on Altering Appointment Letters
Also, my query is: can the company alter appointment letters even after 2 years of employment completion by an employee? Can such a responsibility be backdated in appointment letters?
Way Forward for New Recruits
Besides incorporating changes in previously issued appointment letters, what is the way out, especially when new RMs will be recruited?
Please shed some light.
Regards, Anuradha
From India, Mumbai
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The move to incorporate such a clause can be counterproductive.
Firstly, we are suddenly issuing new appointment letters with a new clause after the appraisal has been completed.
Secondly, as an HR professional, I had an informal discussion with a couple of Regional Managers (RMs) who didn’t understand the reason for such a move, as this was a sudden change in company policy. Their argument was that when they were employed, no such responsibility was mentioned to be borne by them, and now, after many of them have completed more than 2 years of service, this new clause was not acceptable.
Query on Altering Appointment Letters
Also, my query is: can the company alter appointment letters even after 2 years of employment completion by an employee? Can such a responsibility be backdated in appointment letters?
Way Forward for New Recruits
Besides incorporating changes in previously issued appointment letters, what is the way out, especially when new RMs will be recruited?
Please shed some light.
Regards, Anuradha
From India, Mumbai
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Incorporating Responsibility Clauses
This clause of responsibility need not be included retroactively. Issue a policy directive that will be effective from the date of issue. Changing circumstances can alter the scope of duties, and there is nothing wrong with that. You will need to carefully draft a letter indicating the reasons for this clause and its necessity for incorporation as part of routine duties for senior appointments. There is no need to issue a new appointment order at all. This is a routine administrative requirement for monitoring legal compliances of stores under their control.
From India, Pune
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This clause of responsibility need not be included retroactively. Issue a policy directive that will be effective from the date of issue. Changing circumstances can alter the scope of duties, and there is nothing wrong with that. You will need to carefully draft a letter indicating the reasons for this clause and its necessity for incorporation as part of routine duties for senior appointments. There is no need to issue a new appointment order at all. This is a routine administrative requirement for monitoring legal compliances of stores under their control.
From India, Pune
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Statutory Compliance of a Industrial or Commercial Unit.xls
Statutory-compl iance.pdf
Statutory Compliance.zip