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If the Labour Court / Industrial Tribunal awards "Reinstatement along with Back wages” but if at the time of decision the employee age has crossed superannuation then
1) Is precondition of back wages to reinstate person first then only the employee would entitle the Back wages?
2) Does it mean the person who is awarded with Reinstatement with back wages & who has attained the age of superannuation would not be eligible to get Back wages?
3) If the employee was away from job due to domestic enquiry + Appeal + Reference + Review suppose it takes around 5 -10 years then (in Private Limited Company) how the back wages can be calculated + How the statutory compliances of the reinstated employee would be completed ( PF Monthly Annual Return , Pension Fund Return , Profession Tax Return , Income Tax Return, Labour Welfare Fund Return etc.)?
Such cases should be viewed on case to case basis and there can be different treatment depending upon the judgment given by the court. You should consult the lawyer to interpret the judgment. However based on your questions my responses are as under:
1) Yes. Reinstatement is the first condition and then the back wages if the person is not superannuated. This must be prescribed the judgment copy.
2) Yes. He is still eligible for the back wages, if the person has been reached to the superannuation.
3) You have to run the payroll with normal increment or the increment as per the agreement and consider all the benefits given to all employees. You have to actually calculate the liability on PF, gratuity, etc. The payment can be paid alongwith others in totality in the challan and same can be adjusted in returns. This is tedious job, but you don’t have the option.____________________________________________________________________
I have few queries about the level of involvement of HR in PMS. I am elaborating my query with an example of Mid size IT company.
How HR would design and implement the PMS for an IT company? How KRAs or JDs (for compensation Job Analysis) will be created and performance can be measured by HR without being from non-technical background. Theoretically all these tasks are to be done by HR.
Should HR be from same industry and background to have a deep understanding? How HR would ensure the fair PMS practices in any industry?
Is the role of HR is to just facilitate and smooth line the process by doing follow-up? Or HR has to depend on line manager' only? Please answer my queries.
The main accountability of performance management of an employee is on the line manager. HR plays the role of owner of the PMS system and facilitates the system in the organization. Designing the system is the job of HR and HR should play the role of “Coach” while communicating the PMS system.
Typically, the targets are set plus behaviour or competencies are established. The overall rating should be the combination of KRAs (Targets) and behaviour (Competencies). In second part, HR is the authority which can challenge line managers. HR role is also a challenger to the people on the PMS ratings.
Firstly the targets should in align with the company strategy and scorecards. It should be SMART (Specific, Measurable, Attainable, Relevant, Time bound and Traceable) KRAs. If the Line Manager is not defining the SMART KRAs, HR has to challenge and define the system so that the targets are SMART.
As HR is the owner of the PMS system, he can push line managers / coach them if they are not doing it rightly. Typically this is also link with the employee engagement score related to line managers to bring the ownership from the line manager’s side.
Through knowledge of HR processes are required to perform the leadership role.____________________________________________________________________
I wanted to know that since there are very few openings in HR field how would one aspiring to get a chance search for it. I mean registering on social networking sites is ok but that doesn't help much. I am a software engineer. But a friend of mine currently working at Wipro as a Sr. HR. is looking for job for a quite a long time now. So thought of gathering some info.
A person should ask few questions before starting a new job hunt; because it is the right opportunity to correct the position or find our right company or the job.
The fact is there are fewer jobs in HR, but there is large scope to skilled HR professional?
You can ask the person to do the SDOT analysis based on the following questions.
1) What are my strengths in HR?
2) What are my development areas in HR
3) What are the companies /Industries where I will be right feet?
4) What are the areas which can lead to failure?
5) What are my achievements in current job? What I contributed in my current company through my job.
There is huge scope to generalist HR professionals. Is your friend in recruitment or training or employee relations OR is he handling the generalist profile? Based on this he should decide his next career move.
To start with, he should register with job portals like naukri, monster or times job. He should make his professional resume. There are experts who help you to write the resume professionally. Once you do this, you need to improve your visibility on SEARCH of theses portals. This can be done by updating and log in the portal regularly. In search criteria, fresh log in and updates comes on top of the search which increase your visibilities on recruiter/HR professionals search screen.
Next is to start speaking with headhunter/consultants who will help you to reach out with your desired destination.
But before all above, you need to think “How much skills and experience you have acquired during your career.”
There is one saying, “Experience for 14 years – one year experiences repeated 14 times or one year different experience.” There are large opportunities to people who believe on second.
I am Pavan Jalluri. I read your article on different employees in the organization. Nice and useful article. Let me introduce myself. I am a fresh M.B.A Graduate. I have 2 years experience in marketing. I am passionate about H.R. So I left my previous job and done Masters in Management. As you have rich experience in H.R, Could you suggest me what are the essential factors that should be kept in mind to become a good H.R. I want to start my carrier as H.R trainee. I hope you will give your valuable suggestion.
Thanks & Regards,
Pavan Kumar Jalluri
To become a HR professional, you need to be clear on HR concepts first. You mentioned that you are a marketing professional and done your masters in management. I assume that you have a qualification in HR. This is important just for an entry in the organization. If not then try to clear your HR concepts including labour legislations. Once you have this, then you are ready to make your career in HR. Search companies that need Trainee HR. Don’t be choosy about the company and salary at this stage.
As a HR professional, you need to understand HR competencies. First thing first is interpersonal and communication skills. Empathy is most important dimension in HR profession. You also need to be sensible about the issues in HR. Soft skills can be developed. Search on google and make your base strong. It is good even if you get a small company to start with. If you get enough experience to add in your resume, you will definitely get good companies to work after that.
I am working as a HR in a Ferro Alloy manufacturing company. It is in the Project Stage and the operations are yet to start. Coming to HR Practices, all senior people say that it is not essential to build HR practices and HR systems in this industry as the industry itself is very unorganized. When I talk about Career Development, they say that "Employees are satisfied with what they are doing and what they are getting".
But I feel that, irrespective of the type of industry / product / system.....PEOPLE remain same. They have the same feeling / emotions.
I am little bit skeptical about this ....DO I have scope to learn / execute HR here? Request you to give me your inputs?
The main challenge in project phase is to follow project timelines. There are lots of pressures on employees who are working on such projects. In such situations they tend to ignore the HR processes intentionally or unintentionally. However this is also depend upon the culture of the organization. For example any good company will have HR focus before starting the project. In fact HR plays crucial role in Project Management as project is a right time for establishing good practices. Once the project is completed, it is a HR which has to be involved for next career move of employees working in the project. For example, if Project team constitutes 10 employees from different functions, HR has to facilitate next action about their career after the project.
If your seniors are saying that there is no need to build the HR processes, they are under the wrong impression. Every industry has its own dynamics and it is not a right excuse to skip HR processes. Getting right talent is challenging. I don't support the statement "employees are satisfied with what they are doing and what they are getting". It is highly impossible.
Try to assess the attrition rate. Find out the reason why employees leave. Work out on a data of employee engagement or satisfaction and understand the concern areas from employee side. Present this data to seniors. Work out on small HR initiatives. I always believe that HR is not an agenda for only HR Manager. Top management has to drive the HR agenda. I also suggest to find out the logic behind their noncooperation in HR processes. They may have certain misconceptions about the HR. Try to influence them by showing certain benefits of having good HR practices.
Still they don’t change their opinion and your top management is not ready to accept the well known fact, then may be you are in wrong company. They must be expecting just administration from you.