Futuristic HR Out Look E Zine Sept2013 Issue

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    From the past 65 years in India HR profession hastransformed from welfare concept with statutory force totodays Human Resource Development and Management. Ithas emerged from various disciplines like, social sciences,psychology, commerce, business management, economics

    and legal congregating to address people management anddevelopment in industry.

    Organizations now are looking ahead with futuristic view ofHR to become a business partner and not confined to routineadministration function of people management and

    compliances. However, it is HR Professional who has tointerpret employment laws in day to day work to protect theinterest of employers while ensuring employees a fairprocess.

    It is very aptly said that every line manager is a HR

    Manager. Line Mangers are the ones who directly interactwith employees daily and have to play a pivotal role inemployee development. But in practice, it seldom happens.

    Keeping in view the responsibilities and need for theenhancement of capabilities of People Development and

    Management cast on HR Professionals and Line Managers,this e-zine has come into being to contribute on its part, a

    small portion of the whole gamut of requirement.

    EDITOR

    EDITORIAL

    Communicate changes in priorities.

    Form cross functional teams to simplifyprocesses and reduce cost.

    Revise goals according to market focus.Modify individual goals to align with the

    revised goals of the organization.Track employee performance.

    Give feedback to employees continuously.

    Assign multi tasking for high performers

    Train good performers

    SURVIVAL DURING DOWNTURNA

    HR PERSPECTIVE

    L ooking forward..

    FOR PRIVATE CIRCULATION FREE OF CHARGE

    IN THIS ISSUE

    Vol.1 Issue 1 September 2013

    Role of Line Mangers in HR P.2 Self Assessment Tool Find out Fundamental

    Leadership Skills in You P 3

    What components constitute Basic Wage for PFContribution? P5

    Legal Interpretation P6

    Tips on Listening P6

    D o you know

    To enforce 8 days deduction of wages for absence inconcert by 10 or more employed persons under

    Payment of Wages Act, 1936, there must be a

    provision in the Certified Standing Orders.

    Knowledge is gained by learning,

    skill by practice - Thomas S. Szasz

    QUOTE OF THE MONTH

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    FUTURISTIC HR OUTLOOK - SEPTEMBER 20132

    In any organizationfrontline managers have a

    crucial role to play to getbusiness results and there is

    no second thought about it.

    These line managers usually

    perceive their line

    responsibilities and

    accountability as the only

    aspect of their job even

    though they have to lead ateam of employees with

    them through whom they

    have to get results.

    In practice, these managersinteract with employees in

    day-to-day operations by

    communicating and

    supervising their

    performance. In fact theyare the leaders for them by

    allocating work and

    directing.

    In todays, economic

    downturn, industries arefacing problems of not only

    marketing their products

    effectively but also

    importing material and

    technology at very high

    prices. In these

    circumstances, it is butnatural for organizations to

    think to downsize thestrength. In this process a

    good talent will be lost andcannot get back immediately

    when markets improve. The

    best way of looking at this

    crisis is to improve the

    capabilities and

    competencies of employeesat all levels so that their

    services can be better

    utilized in increasingproductivity which is

    essential.

    Though conventionally, it is

    the primary role of HR inany organization to initiate

    learning and developmentinitiatives, one should not

    forget the role expected of

    line managers for a

    successful implementationof such initiatives. They can

    be successful only with the

    strong front line managers

    and need of the our for Hr is

    to support the line managers

    since they are needed to

    communicate effectively

    with employees the

    changing scenario of

    markets and use their

    influence to make themperform. Line managers

    have to be developed in a

    leadership role rather than

    confining them only to their

    managerial role of

    conventional controlling.

    Traditionally, the need of

    the line managers is

    recognized only duringlabour unrests. But, these

    vital links with enormous

    influence over employees

    can play a major role in

    developing attitudinal

    changes among them to get

    desired results. Any number

    of good training programs

    with outside trainers will

    have only a minimal

    outcome at the most. If linemanagers take active role in

    employee development theresults will be identified by

    the behavioural aspects of

    employees with outcomes in

    increase of productivity.Employees believe their

    immediate managers more

    than the outside trainershowever effective they may

    be. If trained, they can

    demonstrate as levers for

    driving performance

    through employee engage-ment.

    The following are the areas

    where they need to be

    strengthened:

    Exhibit Commitment

    Honest and Integrity

    Adaptability to Change

    Communicate companygoals with clarity

    Allocate right people tothe right tasks

    Coach employees

    Inspire employees with

    passion

    Communicate

    performance

    expectations

    Now, the onus lies with HR

    to develop one of the mostvaluable assets called the

    front line managers to

    ensure a performing culture

    with effective employee

    engagement and to supportthese line managers.

    Tail Piece:

    In a Front-Line Manager

    Communication Study. It wasfound that Frontline Leaders

    are the most sought out, yetuninformed, ill-equipped, and

    under-utilized communicationvehicle of an organization.

    (reference:http://www.crainc.com/archives/front-line-manager-communication-study/ )

    Role of

    L ine M anagers

    in

    H R

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    Crucial crisis

    How did you become more results centred?

    How did you become more internally directed?

    How did you become more focussed on others?

    How did you become more externally open?

    3FUTURISTIC HR OUTLOOK - SEPTEMBER 2013

    S elf

    A ssessment

    One has to develop leadership skills to be successful in every phase of life. Hereis a tool to make self analysis of how you have surmounted the challenges faced

    by you at some point or the other in your life, both personal and professional.When we face a crisis we enter into the fundamental state of leadership andimmediately have new thoughts and engage in new behaviours.

    This tool will help you understand how you have transcended your greatest lifechallenges by entering the fundamental state of leadership. This self assessment

    tool was used in a leadership workshop at the University of Michigans RossSchool of Business.

    Take a print out of this tool and recollect the most significant challenge youfaced.

    After writing the crisis you faced in the space provided, please write details in the

    first column under each query and then in the opposite column of each row writedown in simple terms like intention, integrity, trust, inter personal relations,motivation, collaboration, communication, adaptability etc.

    Inspired by the article Entering the Fundamental State of Leadership by Robert E. Quinn

    originally published in July 2005 issue of Harvard Business Review. This is not meant forcommercial use.

    In the October 2013 issue :HR Competencies

    Tool for Assessing Employee Development

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    Call Us: +918050103450

    In Company Programs For Line Managers

    Internationally Certified Behavioural Analyst and

    Certified Management Trainer Mr. Surendranath.A,

    will design and deliver the programs customized

    to the needs of the or anization.

    To know more about us, please visit

    www.nulinehr.weebly.com

    4FUTURISTIC HR OUTLOOK - SEPTEMBER 2013

    Advt.

    Change Management

    People Skills For New

    Supervisors/Managers

    Influencing Employees

    Leadership SkillsCoaching Skills

    Giving Feedback

    Skills for Presenting Officer

    Role of Line Managers in

    Discipline & Industrial

    Relations

    HR Skills for Line Managers

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    from the definition of term

    basic wages. 1962-II-LLJ-

    490 (SC)(FB).

    But in some instances thePF Inspectors remarked in

    the inspection books that

    special allowance paid to

    employees are to be covered

    under basic wage attracting

    contribution to be paid.

    Usually, this type of special

    allowance or any similarname is provided in pay

    structure to adjust theamount which is not fitting

    into the salary structure and

    it will be a regular payment

    constituting payment in

    terms of contract of

    employment. In case of

    unionized employees such

    components will arise inwage settlements which are

    also constitute payment in

    terms of contract ofemployment. Therefore,

    such special allowances

    paid are covered under the

    definition of basic wage and

    contributions have to be

    paid on such allowances.

    But in practice PFcontributions are not paid on

    special allowancesgenerally due to

    misinterpretation to avoidemployers liability to

    lessen the cost. However,

    any special allowance which

    is not paid under any

    contract of employment,

    settlement or award purelyout of employers own will

    and pleasure will not formpart of wage as held by

    Madras High Court in the

    case of R. Ramanathan

    Chettiar Jewellers, Madurai

    v. Regional Commissioner,

    Employees Provident Fund,

    Madurai, 1988-II-LLJ-945.

    While overtime allowance is

    exempted, any allowance

    received for extra work doneon time it is not considered

    as overtime vide AmalKumar Ghatak v. Regional

    Provident Fund

    Commissioner and Others,

    1980-II-LLJ-308 (Cal).

    Good work allowance or

    reward done during extra

    hours is also not considered

    as overtime since it has notbeen consider in the nature

    of overtime vide D.C.M.Limited v. Regional

    Provident Fund

    Commissioner, 198 I- LLJ-

    979 (Raj).

    Since the word bonus is

    used without any

    qualification, it covers everykind of bonus paid to

    employees which is

    excluded from basic wage.Any incentive paid under an

    incentive scheme in

    pursuance of the settlement

    reached is an incentive

    bonus or production bonus

    in the nature of reward for

    labour not arising out ofcontract of employment but

    depending upon the excessproduction over and above

    the norms specified. As suchincentive bonus and

    production bonus are

    excluded form basic wage

    under Section 2(b) vide

    Greysham &Co. v The

    Regional Provident FundCommissioner, New Delhi,

    1978-II-LLJ-95 (Del).

    A full bench of Supreme

    Court in the case of Bridge

    and Roof Company (India)

    Limited v. Union of India

    and Others held that bonus

    of all kinds are excluded

    Basic Wage is defined under

    Section 2 (b ) of the

    Employees Provident Fund& Miscellaneous Provisions

    Act, 1952 as allemoluments which are

    earned by an employee

    while on duty or on leave or

    on holidays with wages in

    accordance with the terms

    of the contract of

    employment which are paid

    or payable in cash but doesnot include the cash value of

    any food concession, anydearness allowance ( that is

    to say all cash payments by

    whatever name called paid

    to an employee on account

    of cost of living), house rent

    allowance, overtime

    allowance, bonus, any

    commission or similarallowance payable to an

    employee in respect of his

    employment or of workdone in such employment

    and any presents made by

    the employer.

    However, the exception

    given to dearness allowance

    is corrected by including itin Section 6 for the purpose

    of contribution. Similarly,explanation 1 under Section

    6 says dearness allowanceshall be deemed to include

    also the cash value of any

    food concession allowed to

    employee by which

    exemption given under

    Section 2(b) is correctedunder Section 6.

    As such any subsidy given

    on food provided in canteen

    or lunch coupons in lieu of

    canteen food or food

    allowance will also attract

    PF contribution. In practice,

    it may not be happening.

    FUTURISTIC HR OUTLOOK - SEPTEMBER 2013

    Contd. on Page 6

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    According to news releasedby Indo-Asian news service

    on 15th May 2013, a reply to

    a Right to Informationapplication has revealed that

    Rs. 1.44 crore fees have

    been paid as in the last six

    months for a Senior Lawyer

    from Delhi, hired by the

    Hayana Government to fight

    the case against 167 workers

    prosecuted by Police forviolence at Marutis

    Manesar unit last yearwhich claimed life of a

    senior company official

    while around hundred others

    were left injured.

    Again, Madras High Courtshas delivered judgment that

    conveyance, educational

    allowance, foodconcessions, medical,

    special holidays, night shift

    incentives and city

    compensatory allowances

    attract PF contributions as

    they fall under the definition

    of basic wages under

    Section 2(b). Similarly,Madhya Pradesh High court

    in the case of Surya RoshiniMills held that conveyance

    allowance and special

    allowance to be included in

    basic wages quoting

    Supreme Court judgment in

    the case of Manipal

    Academy of Higher

    Education v. Provident FundCommissioner (2008) 5

    SCC 428

    Currently, the case of Surya

    Roshini Mills is before

    Supreme Court for judgment

    We have to wait and see the

    outcome.

    Originally written for the

    blog onwww.nulinehr.weebly.com

    What components

    constitute Basic Wage

    for PF Contribution?

    Contd. FromPage 4

    Rs 1.44 crores

    Legal E xpenses

    Edited and published bySurendranath. A onbehalf of Nuline HRConsulting and circulated

    electronically.

    Nuline HR Consulting#5, Anjanadri PlazaGirinagar Circle

    Bangalore-560085

    Listening means hearing, interpreting,

    evaluating and

    responding.

    Be poised and

    emotionally controlledNever lose temper

    Listen coolly Let off

    the steam

    FUTURISTIC HR OUTLOOK - SEPTEMBER 2013

    Principal Employer Not

    Liable To Pay Bonus To

    Contract Labourers under

    Payment of Bonus Act,

    1965

    In the case of M/S Hindustanlever Ltd., Mangalore, Factory

    Manager and Unit HR Headwere prosecuted by theOfficials of Labour

    Department Government ofKarnataka in a criminal casefor the alleged violation ofSection 11 of the Payment of

    Bonus Act, 1965 for anoffence p/u/s 28 of the said Act

    before JMFC (II Court),Mangalore. which is

    punishable under Section 28 ofthe said Act. The allegation

    was that contract labourerswere not paid bonus on parwith regular employees. A writpetition was filed by bothFactory Manger and Unit Head

    of HR in the Karnataka HighCourt which found .the claim

    of the Labour Department thatthe contract labourer are alsoentitled for payment of bonus

    on par with the regularemployees, as contended in thecomplaint has no legal basis

    and it does not amount toviolation of Section 11 of the

    Act attracting punishmentunder Section 28 of the said

    Act. The prosecution launchedbefore J.M.F.C. (Court-II),Mangalore was quashed byKarnataka High Court.

    Mr Shachindra Kumar vsState Of Karnataka on 22

    February, 2013

    Legal

    Interpretation

    T ips O n

    Listening