Archive | Labor & Employee Relations RSS feed for this section

The Manager’s Cheat Sheet: 101 Common-Sense Rules for Leaders

14 Dec

1226939540wXly2gManagement is all about connecting with the people on your team. So how do you effectively manage a team? With common knowledge, of course. These are a few back-to-basics rules that will help you develop management skills that really matter.

 

Body Language

Like it or not, your body speaks volumes, even when you are silent. Here’s how to express an attitude that’s appropriate for a leader.
1. Stand tall. Keeping your shoulders back and holding yourself up to your full height will give you an air of confidence.
2. Take your hands out of your pockets. Putting your hands in your pockets is often seen as a sign that you have something to hide.
3. Stand with your arms crossed behind your back. This will help you adjust your posture, and it leaves your hands in a position that is open and not intimidating.
4. Make eye contact. Always look directly into the eyes of the people you are speaking with. This shows you’re interested and also gives you a sense of confidence.
5. Sit up straight. Even if you’re at an 8 a.m. meeting and feeling tired, it’s important to sit up straight in your chair. Slouching makes you look disinterested and can give off an unwanted air of laziness.
6. Face the person you’re talking to. This shows you are interested and engaged in the conversation.
7. Shake hands firmly. For many, a handshake is a reflection of the person you’re shaking hands with. You don’t want to come across as unsure or overbearing, so make sure yours is professional and confident.
8. Always smile. Smiles are contagious and will make others feel positive when you’re around.
9. Look your best. You don’t have to be model perfect every day, but you should dress appropriately and neatly. Clothes can have a big impact on the way you’re perceived.
10. Walk confidently. Keep your head up and take even strides.

 

Meeting Deadlines

No one will be happy if your team has to rush around at the last minute to complete a project. Follow these tips to make deadlines less stressful for everyone.
11. Only promise what you can realistically deliver. Don’t create deadlines that you know you can’t meet. By only promising what you know you can do, you’ll be able to finish on time.
12. Set clear goals. Once you know what you need to accomplish, it helps to know how and when you want to do it. Put your goals down on paper and make sure everyone on your team gets a copy.
13. Organize a team. Many of your employees will have unique strengths and training that can make them great assets to certain projects. Pick a team that has the right skills to carry out the job.
14. Delegate tasks. Spread work among your employees in a way that doesn’t leave anyone overburdened while also allowing the project work smoothly.
15. Create milestones. Creating milestones for you and your team will help you keep track of your progress and also give you a sense of accomplishment as you reach each milestone.
16. Keep communication open. Keeping everyone in touch with the status of the project is key to making sure it’s completed on time.
17. Do it right the first time. Planning ahead will help prevent you from delivering a substandard product. Having to redo something for a client costs money, and, more than likely, future business opportunities.
18. Stay organized. Staying organized will help keep you from wasting time chasing down important documents and information.
19. Make sure expectations are clear. Be sure that each member of your team knows what their specific responsibilities are. This will save time and prevent tasks from being overlooked.
20. Create a plan. Compile your goals and milestones into a comprehensive plan for attacking any project you are given. This way, you can make sure you’re staying on schedule and that all of your employees will be clear about how and when things should be done.

 

Getting Along with Employees

A happy office is a productive one. Everyone will be more cheerful if you follow these simple rules.
21. Don’t make your employees come in on days they’re normally not scheduled to work or call them while they’re on vacation. A surefire way to make employees resent you is to invade their personal time for nonpressing work. Unless you have something that absolutely has to be done, let time away from work stay that way.
22. Don’t play favorites. Playing favorites can bias your judgment and impair your leadership abilities. Treat your employees equally.
23. Give credit when it’s due. Don’t take credit for your employees’ ideas or hog their limelight. This action not only fosters resentment but also makes you seem untrustworthy.
24. Don’t micromanage. While it’s fine to keep up with what your employees are working on, don’t constantly look over their shoulders.
25. Never discuss employee matters with their co-workers. This kind of gossip always gets back to the person and will make you look unprofessional.
26. Don’t interfere with employees’ work. If your employees are getting work done, don’t stress about how it gets done. Even if it’s not being done they way you’d do it, it’s best to let employees use their best judgment.
27. Don’t push unreasonable deadlines. You don’t want to spend all of your time at the office, and neither do your employees.
28. Keep your promises. Barring some catastrophic event, you should always keep promises you make to employees, especially about pay and benefits.
29. Keep work about work. Don’t require employees to run your personal errands. Take care of your own personal business or hire an assistant.
30. Reward hard work. Make sure your employees feel valued for the work that they do. Employees will be more willing to put in extra effort if they know it’s noted and appreciated.
31. Provide motivation. Sometimes employees need a morale boost. Provide them with encouragement to get a project rolling.

 

Manage Yourself

Being a good manager isn’t just about what you can encourage other people to do, it’s also about managing your own performance.
32. Be accessible. Don’t hole up in your office all day — come out and visit with your employees. Let them know that they can always come to you with problems and concerns.
33. Be open to constructive criticism. It may not always be what you want to hear, but listening to constructive criticism gives you the chance to learn and grow from your mistakes.
34. Accept responsibility. Part of being the boss is accepting responsibility for the mistakes of all that you manage, not just your own.
35. Know there’s always room for improvement. No matter how good you think you are, your job can always be done better. Always be willing to learn.
36. Improve your skills. Learning is a lifelong process. You’re never too old to take a class or ask a co-worker to help you improve your knowledge.
37. Explain things simply. Don’t use big words or technical jargon just to sound smart and impress others. Your employees will understand and perform better if you explain simply and clearly what you need.
38. Instruct rather than order. You may be the boss, but you don’t have to be bossy. You’ll have more success if your requests are more tactfully delivered.
39. Include your staff in your plans. Don’t make your work top secret; let your employees know what’s going on and how they are expected to contribute.
40. Know your subordinates’ jobs. You don’t want to be caught with inferior job knowledge.
41. Be flexible. It’s fine to be firm in what you expect, but allow for flexibility in how it gets done.
42. Get regular feedback. Your employees and superiors can give you valuable feedback on how to improve your performance. Use this to your advantage.
43. Know your limitations. You can’t be everywhere doing everything all at once. Know the limits of your time and abilities and say no to things you know you can’t do.

 

Boosting Productivity

Getting the most out of your day can be difficult with a busy schedule, but you can use these tips to help you maximize your time in order to be better available to employees.
44. Get the most out of meetings. Be organized and prepared for meetings to increase effectiveness and time savings.
45. Focus your energy on things that matter. Don’t let trivial tasks take time away from things that are really important.
46. Identify your time-stealers. Everyone has little things that detract their attention and make them lose focus. Figure out what these are and work to eliminate them, if only for a few hours a day.
47. Be punctual. Being on time is a big deal. Never keep people waiting for appointments or meetings if you can help it.
48. Respond to your correspondence within a reasonable amount of time. You don’t have to be chained to your inbox, but make sure you respond to emails within a few hours whenever possible.
49. Do only what is necessary. There are times when going above and beyond works, but doing so on a daily basis can derail your progress on more important issues. Get the key things done first, then see if you have time for additional things.
50. Stick to schedules and routines. While they may not be the most exciting things, schedules and routines can help streamline and improve your productivity.
51. Organize and manage your schedule. Use any tools and utilities you have at your disposal to prioritize your day and keep track of what you need to get done.
52. Plan more than you think you can do. While this may sound stressful, it can actually be a great motivator. If you manage to get everything done, you’ll enjoy a great sense of achievement.
53. Get to work early on occasion. Sometimes an uninterrupted half hour in an unoccupied office can help you get key things done or allow you to plan your day before there are any distractions to slow you down.
54. Know that sometimes stress is good. While too much of anything, especially stress, can be bad, sometimes a little stress can be the motivation to get you moving, allowing you to get more done.
55. Do your least favorite tasks first. Get your most tedious and least desirable tasks out of the way earlier in the day. After that, everything else will be a breeze.

 

Managing Finances and Resources

Whether you’re a business owner or a manager, staying on top of tangible items is vital to success. These tips can help you keep track.
56. Set up a realistic budget. While it’s good to be optimistic, don’t plan for more spending than you know you can afford. Make sure you plan for emergencies and contingencies as well.
57. Save costs where they matter the most. Don’t just pinch pennies for the present. Make sure your savings will pay off in the long run. Compromising on quality might cost you later on in repairs and replacements.
58. Spend only when it’s necessary. Don’t spend if you don’t need to. Every bit you save goes toward your profit.
59. Find alternative sources of finance. Sometimes even successful businesses need a little help. Business loans and investors can help you through leaner times.
60. Stay true to your contracts. Not only will you gain the respect of your clients, you’ll also avoid legal battles that can be a serious financial drain.
61. Make sure employees are well compensated. Employees deserve to be rewarded for hard work. Make sure yours are well compensated for their time and they’ll be more productive and happier to come to work.
62. Learn to do more with less. Quality is much more important than quantity, so make what you have count.
63. Assign equipment wisely. While it might be nice for every employee to have a PDA, budgets often don’t allow for such conveniences. Make sure the employees that need tools the most have access to them.
64. Invest in solid technology. This doesn’t always mean the latest technology, but what your office needs to do work effectively.
65. Update when necessary. Using obsolete equipment and programs can really slow you down. Update when it makes sense so you won’t get left behind by competitors.
66. Don’t be wasteful. Every sheet of paper, paper clip and pen is a cost on your budget. Use materials wisely and don’t waste them out of haste or carelessness.

 

Communicating with Clients

Whether you’re a business owner or a manager carrying out a project, one thing is always the same: The client is dominant voice in decision-making. Learn to communicate with them effectively and you’ll set a good example for the people you supervise.
67. Remember that the customer is the boss. At the end of the day, your job is to make the customer happy. Act accordingly.
68. Differentiate your products. Don’t get lost in a sea of products and services like yours. Make sure you stand out from your competitors.
69. Retain customers as much as you recruit new ones. While you always want to bring in new business, it’s very important to maintain relationships with loyal customers.
70. Provide effective channels of communication. Make sure your clients can contact you easily and quickly if they have a problem, concern or question. They can also provide a valuable source of feedback.
71. Maintain customer data. Use this data to make your customers feel special by remembering occasions like birthdays and anniversaries. It’s also helpful for keeping track of purchasing preferences.
72. Segment your customers. Not all customers are alike. Divide your customers into groups that allow you to provide attention and services that meet each customer’s unique needs.
73. Provide effective after-sales services. Don’t let contact fall off after the work is complete. Make sure your client stays happy.
74. Listen attentively. Pay attention to exactly what clients are asking for to help you better meet their needs.
75. Don’t be afraid to say you don’t know. It’s OK not to know the answer to every question. It’s better to say you don’t know and get back to a customer than to try to bluff your way through a conversation and have to backtrack later.

 

Keep Up with Change

There is no way to stop the world from changing, so follow these tips to keep up and ahead of the game.
76. Don’t fight change. You can’t stop markets, trends and technology from changing, so learn to go with the flow.
77. Adopt a predictive managerial style. Don’t wait for things to happen to make a move. Anticipate problems and provide contingency plans.
78. Test your contingency plans. Waiting for disaster to strike is a dangerous way to find out if your emergency plans will hold. Test them out from time to time to fine-tune them and make sure they’re still relevant.
79. Identify the positives. Even the most negative changes can have positive aspects to them. Being able to identify and maximize them can help make adapting less painful.
80. Be quick to adapt. Learn to adapt to changing situations quickly and be able to change plans on the spur of the moment if the situation requires it.
81. Stay tuned to external factors. Your business is affected in many ways by outside factors. Keep abreast of these so you can anticipate any sudden market changes that would affect how you need to manage.
82. Put in place a Research and Development plan. Encourage innovation and creativity to stay ahead of the demand for newer and better products and services.
83. Keep an eye on the competition. Don’t let the competition get the best of you. Keep up-to-date with what they’re doing and use it to your advantage in managing your business.

 

Resolving Problems

Whether problems are internal or external, they can make your management duties a nightmare if you don’t handle them correctly. Here’s how to stay on top of them.
84. Stand up for employees. If other departments or managers are bearing down hard on your employees, stand up for them.
85. Fix what’s broken. Don’t waste time placing blame. Take care of fixing the problem before dealing with any possible repercussions.
86. Manage and control your emotions. Don’t let anger or frustration affect your problem resolution. If you are emotionally invested in a situation, cool down before discussing it or bring in an outside mediator.
87. Learn when to step in. Some problems might resolve themselves if you just let them be, but you need to be aware of times where you’ll need to step in and take control of a situation.
88. Take the blame. If you’ve made a mistake, fess up. It’ll give you more time to work on fixing the problem instead of talking your way out of taking the rap.
89. Get the facts first. Before you pass judgment on a situation, make sure you have the whole story. Listen to employees and refrain from questioning anyone’s integrity without first ensuring that you’ve gathered all the data.
90. Rise above the crisis. Learn to separate yourself from the problem and rise above the fray. You’ll be able to think more clearly and make a better decision on how to rectify the issue.
91. Don’t ignore problems. A small problem can easily snowball and become something much more difficult to fix.
92. Try to depersonalize problems. Let employees know that the problem isn’t with them but with their actions. Don’t make it personal.

 

Go Above and Beyond

Managing people isn’t just about getting the job done. To truly be a great leader, sometimes you need to go above and beyond what the job calls for.
93. Lead by example. You can talk until you’re blue in the face, but the best way to get a point across is to be the model to emulate. Let employees follow your lead.
94. Get your hands dirty. Sometimes you need to show your employees that no one’s above doing unattractive tasks.
95. Make a difference to your employees. Don’t just be a generic manager — stand out as a leader and role model for your employees.
96. Gain your employees’ trust and respect. You’ll have a much easier time managing employees when they respect your rules and boundaries and trust your leadership.
97. Be empathetic to personal problems. Whether it should or not, what happens outside of work can have a big affect on the quality of work produced. Be sensitive if employees have personal issues that keep them from concentrating on work.
98. Be unique as a manager. Every position demands something different and you should be proud to be adept at your particular role rather than trying to emulate other managers.
99. Remember that ethics matter above all. Be honest and reliable in all of your business and personal relationships.
100. Be on the lookout for new ideas. You never know where your next great inspiration will come from.
101. Get to know your employees. Learn more than just their names. Get to know your employees’ family backgrounds, likes and dislikes. Doing so will make you more personable.

The original source of this article is InsideCRM.com , part of the Focus network of sites.

“Indian Labour Law” Legal Case Study:- Usage of Vulgar Language

29 Nov

Labour Law Case StudiesThis is an attempt to compare the judgments delivered in the 1960 To 1990’swith that of judgments delivered from 2001 onwards. The Indian Economy has undergone significant changes after the introduction of liberalization and globalization. The Indian Judiciary has also taken a note of the prevailing circumstances and there is a different direction taken by the Indian Judiciary in the recent years.

 


USAGE OF VULGAR LANGUAGE

Earlier whenever the cases relating to usage of vulgar or abusive language reaches the court of law, the courts have taken a view that the workers basically came from the families of without much education background and they have grown in a society where usage of decent language was not possible. Therefore keeping in view of their social status, the courts have granted relief in favour of the workers even such misconduct was duly proved. Reference can be made to the case of Ramakant Mishra Vs State of UP reported in 1982 Lab ic page no.1790 SC.

However, now the Supreme court in the year 2005 LLR page 360 in the case of Mahendra and Mahendra Ltd., Vs. N.V. Naravade held that usage of abusive and filthy language against superior officer held that did not call for lesser punishment than dismissal.


Regards,

Pinal Mehta

Guidelines for the Preparation of Charge-Sheet

29 Nov

The object of the Charge -Sheet is to tell the delinquent what he is supposed or alleged misconduct during his employment. Under the Industrial law, there is no form prescribed for a Charge-Sheet hence it becomes more important to draft it more carefully with precision and clarify. The framing of a Charge-Sheet being the first necessity for disciplinary action and it is the main pillar for record purpose.

The Charge-Sheet should also take care to mention the particulars of time, place, occurrence and the manner in which the incident alleged to have taken places so as to remove vagueness and make the charge definite by mentioning these essential factors. (Just like provisions in the vegetable soup):

ESSENTIAL INGREDIENTS:

  • A Charge Sheet being root of the disciplinary action. When vague, will vitiate the whole proceeding hence the penalty imposed on delinquent will be quashed.
  • The object of a charge sheet is that the delinquent must know what he is charged with and have the adequate opportunity to meet the charges and to defend himself by giving a proper explanation.
  • A delinquent employee must be provided with the copies of the documents as relied upon by the Disciplinary Authority and the burden, to show that non-supply of documents required by the delinquent did not cause any prejudice to him, lies upon the Disciplinary Authority.
  • Failure to enclose the list of witnesses along with the charge memo will violate the Conduct Regulations; hence the entire disciplinary proceedings will be vitiated when it is so stipulated.

GUIDANCES:

  • The Charge-Sheet must be specific and must set out all the necessary particulars. It will serve no useful purpose at all to presume that the employee is fully informed of the charges because of any previous proceeding against him.
  • Any warnings that might have been given to a workman previously or from time to time or that his attention had been drawn to any fault, lapses on his part previously can, by no means, take the places of a regular enquiry.
  • Vague accusation, which the workman could not possibly follow, should not be made in the charge sheet.
  • The Charge Sheet must accurately and precisely state whether the act of commission or omission constituting misconduct is in violation of any Standing Order or not. The test is whether the charge conveys to the employee concerned, the exact nature of misconduct in a way that would enable him to meet the charge.
  • Where, for instance, the charge is for unauthorized collection of subscription on the work premises, the purpose for which such a subscription was collected need not be stated. But the time, date and place i.e. when and where the collection was made must be clearly mentioned.
  • When, under the Standing Orders or service rules, and act such as absence without leave, late attendance, negligence or disobedience is misconduct, when it is committed habitually then in such a case the word, habitual forms and essential constituent of the charge and must be expressly mentioned in the charge sheet.
  • If the charge is for arrogant conduct towards a superior, then it must be so stated in the charge sheet given in the occasion on which the misconduct was committed and in respect of which particulars.
  • When an employee is charged for habitually disobeying the instructions, then each set of disobedience on his part must be separately mentioned in details in the charge sheet.
  • When an employee is charged for using objectionable and offending language, then the actual words used must be stated in the charge sheet.
  • While verbiage is to be avoided, use of any abbreviations such as etc., must be equally shunned. Phrases such as any other document is vague and ineffective and so, only reference should be made to a specific thing or a particular person.
  • It is important to remember that the language of a charge sheet while being precise, must be give the impression that the employer has taken the question of the employee’s guilt as a foregone conclusion.
  • The delinquent employee be furnished with the documents and reports as referred to in the charge sheet otherwise his termination will be quashed.
  • As far as practicable the language of a charge sheet must be simple and be one that is commonly understood or in common usage.
  • When the previous record of the employee is relied upon, then sufficient particulars of the previous bad record should be specified in the charge sheet.
  • Another thing is , pm which caution is necessary, is to make use of the term about in relation to the date and time of a particular incident of misconduct.
  • A valid charge sheet must be in precise terms as there is no room for using loose or vague term which fails to convey, in the correct sense, a charge brought against an employee.
  • It is the duty of the employer to indicate to a delinquent employee served with the charge sheet not only the precise nature of charges, but also the documents, if any, upon which the charges are based.
  • The charge sheet must be signed by the competent authority.
  • A Charge sheet, issued after long delay of the misconduct, will vitiate the enquiry.
  • Another important, on request of the delinquent the employer may serve the charge sheet in his mother tongue (along with English version).
  • One of the fundamental rules of natural justice is that the person affected should have full and true disclosure of the facts sought to be used against him. He must know the nature of the misconduct alleged against him and must be acquainted with it in the first instance, it means that the charge sheet is the sine qua non of the domestic enquiry. The heart of the matter is that no disciplinary action can be initiated against the employee or a workman unless he is first served with a charge sheet containing all charges and their essential particulars. So while drafting a charge shet the attempt should be to ensure that the charge mentioned in the charge sheet is specific as well as complete in all essential constituents.
  • Principles of natural justice require that the person charged should know precisely the nature of the offence so that he may be able to explain what he has to say about it can prove innocence in the matter. Vague allegations should be avoided while drafting a charge sheet.

Model Chargesheet Form attached

Model Chargesheet Form - As per Industrial Law

 

 

 

 

 

 

 

 

 

 

Regards,

Pinal Mehta

EPF Update :- Industries with 10 employees under EPF purview now

12 Nov

EPF has update the latest limit for the employees that can be covered under the purview for bringing more organization under the scope of EPFO.

NEW DELHI: The Central Board of Trustees of the Employees Provident Fund Organisation (EPFO) on Saturday approved the reduction of threshold limit for establishments covered under the Employees Provident Fund and Miscellaneous Provisions Act (EPF & MP Act), 1952.With this, establishments employing even 10 people will be covered under the Act and would have to contribute towards Employees Provident Fund accounts as against the existing 20, barring cooperative institutions functioning without power, where the limit has been reduced from 50 to 20 employees. This decision was approved at the first meeting of the newly constituted EPF Board. This is the first time in 48 years that the threshold limit has been changed. However, the Board meeting, chaired by Minister of State for Labour and Employment (independent charge) Oscar Fernandes, deferred a decision on fixing the rate of interest for the EPF for the current financial year.

The second Labour Commission and the Standing Committee on Labour had also recommended reducing the threshold limit in order to reduce the gap between coverage under EPF & MP Act, 1952 and the total workforce of the country. The social security benefits provided under the Employees State Insurance Corporation (ESIC) Act are already applicable to establishments with 10 or more employees. Therefore, this approval would bring parity with the ESI Act with regard to coverage and would help in unifying the social security efforts of the government. It will also help in channelling the registration of establishments and members of both the ESIC and the EPFO

Source :- http://www.epfindia.com

Regards,

Pinal Mehta

Legal Case Study :- Absenteeism

11 Nov

This is an attempt to compare the judgments delivered in the 1960 To 1990’swith that of judgments delivered from 2001 onwards. The Indian Economy hasundergone significant changes after the introduction of liberalization andglobalization. The Indian Judiciary has also taken a note of the prevailingcircumstances and there is a different direction taken by the Indian Judiciary inthe recent years.

Earlier absenteeism even for a period of 5 years was not considered as a major misconduct. In a judgment the Supreme court in the case of Syed YakoobVs K.S.Radhakrishnan and others reported in AIR 1964 SC 477 is relevent which dealt with that termination on the ground of absenteeism and found that it was disproportionate and set-aside the termination and granted reinstatement withfull back-wages.

Whereas the Hon’ble Supreme court in the case reported in 2008 LLR 715SC Chairman & MD VSP and others Vs. Gokaraju Sri Prabhakar held that despite of opportunities granted him to report for duty, he failed to report duty – Absence justifies dismissal from service – High court cannot set aside a well reasoned order only on sympathy or sentiments – Once it is found that all the procedural requirements have been complied, the courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee.

Regards,

Pinal Mehta

Legal Tip :- Representation by a lawyer in enquiry rightly denied when the management is not represented by a legally trained person

2 Dec

Some workmen were found guilty of misconduct.

The management initiated an enquiry proceeding.

The enquiry was conducted by the management  about the alleged guilt of the workmen.

During the course of the enquiry, the workmen sought the assistance of a lawyer to help them in the enquiry proceedings.

But this plea was rejected by the enquiry officer.

The contention of workman was that the Presenting Officer was an experienced Personnel Manager and the workmen were illiterate and therefore they were not in a position to defend the charges leveled against them and so they should have been given the assistance of a lawyer.

The management contended that the Presenting Officer  was not a duly trained or experienced person in law and there was also no rules and regulation to the effect that the workmen in such type of enquiry would be entitled to get the assistance of a lawyer.

The Supreme Court held that when the management is not represented by a legally trained person, the workmen have no right to be represented by a lawyer.

Regards,

Pinal Mehta

Legal Tip:- A part-time worker is protected by the Industrial Disputes Act

2 Dec

A part-time worker is protected by the ID Act and cannot be fired at the will of employer

A part-time worker will be a workman and entitled retrenchment compensation as provided by section 25 F of the Industrial Disputes Act stating that termination without payment of retrenchment compensation will be illegal. A part-time worker can not be fired at the will of the employer since he /she is equally entitled to job protection guaranteed under the Industrial Disputes Act. Hence the termination will be treated as illegal and part-time employee will be entitled to reinstatement with consequential benefits.

Regards,

Pinal Mehta