Professional Documents
Culture Documents
Relationship
When employers start a business (or open a branch of an existing business), they require employees to produce,
administer, organize, publicize, sell, transport, maintain, repair, etc. They advertise job openings, conduct interviews,
and hire individuals based on qualifications, requirements and wages. They usually provide training to newly-hired
employees and make them aware of the company's policies, rules and goals. They assign tasks according to the job
positions and employee profiles, and may offer vacations, health insurance coverage, workers’ compensation, and
other benefits. But one day, sooner or later, the employer may serve an employee the dreaded pink slip, and
terminate his/her employment without any valid reason or cause. The employee becomes an ex-employee and,
usually but not always, is eligible forunemployment insurance. And his/her employment process begins again.
From the beginning of the employment to the end, the employee may have been treated unlawfully, discriminated
against, harassed, denied his/her due wages or benefits, made to work in unsafe conditions, or wrongfully
terminated.
Years ago, the relationship between employer and employee was governed by the assumption that employers were
like kings and were free to offer any terms of employment and treat their employees in any way they dictated, and the
employees were free to either accept or reject those terms (i.e., take it or leave it). There were few laws and
protections available to employees that would safeguard their interests at times of manipulation, shabby treatment,
defamation, discrepancies, retaliation, unfair practices, etc. Employees did not have a platform to voice theirprotests.
Initially, it was the unions that protested employers' unfair practices and demanded that employees be provided
rights. In the 1930s, the federal government enacted the National Labor Relations Act (NLRA), which called for fair
wages and safe workplaces. The NLRA set off a deluge of new laws governing the workplace.
With the Civil Rights Movement of the 1960's, the federal government, followed by many state governments, began to
enact laws prohibiting discrimination against women and minority group members and barring discrimination against
older employees. In 1970 the federal government enacted the Occupational Safety and Health Act (OSHA), setting
minimum workplace safety standards. By 1990 Congress had enacted laws prohibiting discrimination against
disabled workers, and requiring employers to reasonably accommodate such workers if the accommodation did not
cause undue hardship on the employer.
Today, employees and job applicants are protected by various federal and state laws. Many state courts have
recognized additional employee rights that have not been set out in written statutes, but instead are part of common
law, based solely upon earlier court rulings. Employers no longer have the right to treat their employees any way they
desire. Employees have the right to protest, make claims, file litigation, and seek damages, if they believethey have
been mistreated at any stage of the employment relationship.
nnel Files
A personnel file is a historical log or record of information pertaining to a staff employee from the date of hire,
identified by the person's name or by any number or symbol corresponding to that name.
The personnel file contains Job-related materials, including information on the employee’s employment relationship,
such as his/her job application, offer letter, and acceptance letter; the job description and performance expectations;
development records, such as training, education, and degrees; performance records, such as appraisals, counseling
memos, disciplinary letters, special awards, or commendation letters; time and attendance records; emergency data;
and personnel action forms.
Federal and state laws deal with the confidentiality of personnel files and employees’ access to personnel files. The
personnel file should not contain employees’ medical records. The Americans with Disabilities Act (ADA) requires
employers to keep employees' medical records confidential and separate from personnel files. The Privacy Act
forbids federal government employers from disclosing any information contained in the employee’s files without
his/her written consent. Federal government workers have access to their personal records, and the law also permits
them to make a copy of any portion of the documents.
The personnel file should not contain records of the employee that relate to the investigation of a possible criminal
offense; letters of reference; documents which are being developed or prepared for use in civil, criminal, or grievance
procedures; medical records; materials which are used by the employer to plan for future operations; or information
available to the employee under the Fair Credit Reporting Act.
nal Distress
Intentional infliction of emotional distress, also known as "tort of outrage," is defined as follows:
One who by extreme and outrageous conductintentionally or recklessly causes severe emotional distress to another
is subject to liability for such emotional distress and for bodily harm resulting from the distress. The emotional distress
they’re under must be so severe that no reasonable person could be expected to endure it. Any recovery must be
reasonable and justified under the circumstances, liability ensuing only when the conduct is extreme. By extreme we
refer to conduct outrageous in character and extreme in degree as to go beyond all possible bounds of decency, and
to be regarded as atrocious and utterly intolerable in a civilized society.
An employee may file a complaint of undue distress as a result of the employer’s act/action, if it :
Results in severe emotional distress
Is extreme and outrageous conduct beyond the tolerable limit of the civilized society.
Intentionally causes a reasonable person serious emotional trauma.
If employees have the right not to be fired except for just cause because of a contract and are fired, they can sue only
for their lost wages and benefits. they cannot sue for emotional distress. If employees are fired for an illegal reason,
such as racial harassment, they can sue the employer for emotional distress, in addition to lost wages, punitive
damages, and attorney's fees.
However, the law does not protect against mere insult. The conduct or remark of the employer or any of the co-
workers has to be so extreme and outrageous that it results in severe emotional distress.
followed. It is better to go though the policy statement of the employer at the time of appointment. It makes the
employee well aware about his/her rights in regard toprobation, promotion, termination, employee privacy, etc. It
highlights organizational requirements, rules, and regulations. Policies can be communicated in various ways:
through employee handbooks, memos, union contracts, etc.
The company policy usually includes:
Statement of the company's goals and philosophy
Working hours
Statement of nondiscrimination
Procedures and policies for absence from work
Performance evaluation procedures
Pay periods
Safety and accident rules
Use of company property
Vacation and holiday policies
However, the employer can change the policy statement at any time. But employees have to be notified about the
possible changes taking place. Some state courts have held that a handbook is like a contract, unless the handbook
disclaims itself in writing. The policies should be uniformly applied to all the employees; it cannot discriminate
between employees. Employees can file a case ofdiscrimination, if they have been overlooked (in spite of a
company policy for a certain privilege) because of age, color, race, sex, or disability.
ion
Defamation is an intentional false communication that injures another person’s good name or reputation. To amount
to defamation, the communication must be published or spoken.
Defamation law prohibits libel and slander. Libel is when the employee is defamed in writing, and slander is used
for oral defamation. The employee may press charges of defamation when the ex-employer provides discriminatory
job references to prospective employers, which may cause harm to the employee. In an employment setting, if the
employee is wrongfully accused of misconduct, sexual harassment, dishonesty, negligence, etc., verbally or in
writing, the employee has a valid reason to file charges of defamation against the employer or the accuser. In case
the employer does not investigate the defamatory remark(s) fairly, both the employer and the accuser are held
accountable.
Defamatory statements are often made to outsiders, about the employee’s job performance or problems on the job. A
third party is shown the employee’s personnel file and performance evaluations, but the file may have untrue
derogatory comments or incorrect evaluation records.
Most states recognize a valid defamation lawsuit when false written or spoken words are communicated to a third
party and disparage a person of his trade, office, or profession, and when the employer or ex-employer negligently
failed to check the accuracy of such information.
Exceptions
If the employer makes a mistake in providing a reference by looking at the wrong file, and later corrects the
mistake, then the employee does not have the right to press charges of defamation.
If the employer shares their opinion about the employee’s wrongful conduct to another person; an opinion
cannot amount to defamation.
If the employer disseminates defamatory but true information about the employee.
Employers are also entitled to “qualified privilege” that allows them to make statements about their employees
regarding discipline, termination, and references to prospective employers. However, it does not give employers the
right to knowingly make false statements about employees or ex-employees.
The employee must have enough proof to prove that a false statement was made. It is advisable to consult a labor
attorney to analyze the situation. However, damages do not have to be proved in all instances. The law treats certain
statements as defamatory per se; here the employee need not have to prove to win a verdict.
OSHA also administers the whistleblowing provisions of thirteen other statutes, protecting employees who report
violations of various trucking, airline, nuclear power, pipeline, environmental, and securities laws.
If an employee has been injured at work because of a hazardous condition at the workplace, the hazard should be
removed as soon as possible before it injures someone else. The employee injured at the workplace has the right to
file for workers’ compensation benefits.
Due to worker’s comp, the employee injured at work receives appropriate medical care and the paying of medical
bills. He/she can also receive the lost wages benefit for on-the-job injury, and, if necessary, retraining and
rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the
workers' families are ordinarily eligible for benefits. If serious injury has been caused to the employee because of a
violation of the state workplace safety law, the employee may seek additional damages. The additional damages will
be more than the amount he/she is eligible to receive from a worker’s comp claim.
Only those employees are eligible for worker’s compensation benefits whose injury or illness has “arisen out of and in
the course of employment.” It means that:
Worker's Compensation is compromise based, where the employer provides for the continued income and medical
care, while the employee does not sue the employer or ask for outrageous damages.
Worker's Compensation laws are enforced and administered by State's Workers ' Compensation Commission, board,
or a comparable agency.
Required information for filing for Worker's Compensation claim
Injured Employee's Name
Date of Birth
Date of Injury/Disease
Gender
Description of Accident
When the injured worker does not have the right to file for worker's
compensation:
Employee injured himself/herself while in a state of intoxication;
Employee was injured for a personal reason by someone who was not a co-worker;
Employee was injured while participating in a voluntary off-duty recreation, social, or athletic
activity that was not part of the employee's duties;
Employers' Responsibilities:
Employers have certain responsibilities when the employee suffers on the job injuries.
Employer is responsible to pay the permanently incapacitated employee lump sum amount.
1. HCL Infosystems
HCL jumped up two positions from last year, according to Dataquest-IDC Best
Employers Survey 2009 covering 200 IT companies of which 31 companies were short-
listed for the final round.HCL Infosystems also climbed two ranks in the Employee
Satisfaction rankings thus making it to the top spot. The only hardware manufacturer in
the survey, HCL ranked among the top three companies in almost all the parameters
followed by iGate,Rolta and RMSI.HCL Infosystems also emerged as the dream
company to work for with one-third of those surveyed expressing desire to work for
HCL Infosystems.Big 4 refuse to participateHowever, Dataquest-IDC said that for the
first time Indian's top 4 companies Tata Consultancy Services, Infosys Technologies,
Wipro, and Mahindra Satyam, declined to take part as layoffs and salary re-alignment
leads to dip in IT employee morale.
2. iGate Global Solutions
iGate and Rolta were at the third and fourth position with 67% and 61% of the
employees wanting to continue working for the companies.RMSI and HCL Infosystems
were voted as an employer of choice with over 80% of their current employees wishing
to continue working for the company.
3. Rolta India
This year's CyberMedia Dataquest-IDC survey points to a number of Indian and MNC IT
firms resorting to layoffs and realignment of compensation as a business necessity. This
knee-jerk reaction led to negative media fall out and triggered a dip in morale of IT
professionals.
4. RMSI
Sensing this sentiment, the top 4 IT companies declined to take part in the survey --
for the first time in the history of this survey -- citing confidentiality. The Top 4 IT firms
employ about 40% of the IT professionals in the country.IT professionals switched for
better salary, while employee attrition rate dropped to 15%, the survey said. Salary
increase in the IT sector dropped to 1.4 per cent, the lowest in a decade.
5. SAS Institute India
A majority of IT employees said they changed job for better salaries and compensation
(53%), overseas postings (38%), better job security (18%), flexible working hours
(18%) and training and development (9%). The Dataquest-IDC survey found that the
average attrition came down to 15% from 18% last year. While the average retention
rate, defined as percentage of employees retained out of the total employees as on
March 31, 2008, improved to 85%, from 79% in 2008, Hexaware Technologies showed
a remarkable retention score of 100.
6. R Systems
"The drop in the average attrition rate is not surprising in a year where the IT
companies had taken the scissors out to trim flab, non-performing employees and done
away with the bench," said Ibrahim Ahmed, group editor of Dataquest, the flagship
publication from the specialty publisher CyberMedia, in a media release.The survey
results indicate a visible improvement in work environment even though the average
salary increases during the year were pared to 1.4%.
7. Perot Systems
The salary increases for employees under 2 years of experience earned 2% increase,
those between 2.1 to 5 years had their salaries cut by 7%.
8. Tavant Technologies
Those between 5.1 to 10 years got an average salary hike of 5% and those with over
10 year experience earned 4% salary increase.
9. Datacraft India
"Companies are becoming increasingly responsive to the issues of employees. However,
the companies appeared conservative in allowing their employees in taking risks," said
Ahmed while reflecting on reasons for the companies to shy away from trying new
ideas.
10. Synechron
The Dataquest-IDC study also reveals that companies have become more transparent
in their communication with employees giving them a sense of belonging. They have
also gone ahead and adopted a higher degree of professionalism in their dealings with
employees as well as customers or suppliers.
11. Ingram Micro India
Another key finding is that more employees are satisfied with the interest shown by
their companies as well as their immediate seniors in helping them strike a work-life
balance compared to last year.
12. Tulip Telecom
In addition to work-life balance, job security came out as a crucial factor in the survey.
The study reveals that there is a drastic fall in the number of people who feel that their
job is secure within their company.
13. Sify Technologies
The reducing bench and mass layoffs by the larger players seems to have left an impact
on the minds of people.
14. SPAN Infotech India
However, on the upside more employees are excited about their nature of work though
there has been a marginal drop in their excitement about the technology they are
working on compared to last year.More employees feel that their work is crucial to their
company's growth.
15. Hexaware Technologies
More employees believe that training has helped them in their all round growth. On the
salary and compensation front, a surprisingly high number of employees feel that they
are being paid at par with industrystandards compared to last year.
16. Patni Computer Systems
This comes across as good news especially in year where pay cuts became a norm.
However, there remains a 50:50 divide on whether the salary paid is 'enough'.
17. Infogain India
This year, a high number of employees felt that their companies have 'fair and
transparent' appraisal procedures.
18. Unisys India
In the two-stage survey, IDC sought information from the 200 IT companies on
employee strength, salary structure, training days per employee, tenure of top
management, among others to rank them based on this HR survey.
19. Novell
The 2,935 employees from the shortlisted companies were then asked to comment on
parameters like -- company culture, job content, training, compensation,
appraisal systems, people and gender inclusivity, etc.
20. Virtusa
Scores from the HR Survey and the Employee Satisfaction Survey, calculated
separately, were combined to arrive at a composite score.
Companies were then given ranks based on the composite scores.
This article is free for republishing
Published at Sooper Articles - Find Articles http://www.sooperarticles.com
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Instructions
1. 1
Motivate employees by giving them incentives within the workplace. Treat all of your employees equally and
give them all the chance to win a free trip, a free dinner or tickets to the next theatre production. Reward your
employees for their improved hard work.
2. 2
Spend time with your employees. Many bosses and owners forget the 'little people' that make it all happen. Sit
down and talk with each one of your employees when you have time and ask if they are happy with
their jobs and what improvements they think the company should make.
3. 3
Plan a team building event and ask all your employees to attend including upper, middle and lower
management. Get everyone together as a team and allow them to undergo various team building and trust
creating activities.
4. 4
Invite all of your staff and managers to an event or a BBQ in your back yard. If you are an owner or the CEO
of the company, then what better way to warm up to your employees then homemade BBQ chicken!
5. 5
Ask your managers to work closely with their teams and to support any issues that come up, or mistakes that
might occur. Get everyone working together on finding a solution that everyone agrees on. If you have to,
create a problem and ask everyone to work on it to find the answer.
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Performance Managementwww.DSPanel.com
Create Organizational Alignment Manage Employee Excellence
First on the list of biggest IT employers in India is Tata Consultancy Services. The Tata group company reported a total
employee strength of 141,642 during its first quarter earnings of fiscal 2009-10. Utilization in Q1 FY10 was 79.2% (excluding
trainees) & 71.3% (including trainees). There was a gross addition of 2,828. The attrition rate in Q1 was 11.5%. At the end of Q1,
the total employee strength of the company was 141,642. Foreign nationals formed 8.3% of the total employee base and 30%
were women.
2. Infosys Technologies
Second on the list is the country’s second biggest software exporter Infosys Technologies. As on June 30, 2009, Nasdaq-listed
Infosys and its subsidiaries had a total of 1,03,905 employees on board. However, the number of its employees declined by 945
in the first quarter of this fiscal. The company had hired close to 3,538 employees in the June quarter, but after taking into
account attrition and other factors its total strength has actually lowered.
3. Wipro Ltd
At no. 3 is Wipro Technologies. The company had 98,521 people on its rolls as on June 30, 2009. During the first quarter of
Cognizant Technology Solutions India ranks at no. 4 on the list of India’s biggest IT employers. A member of the NASDAQ-100
Index and S&P 500 Index, with over 50 global delivery centers it reported 63,700 employees as of March 31, 2009.
5. HCL Technologies
HCL Technologies Ltd is fifth on the list of biggest IT employers in India. Its employee headcount stood at 54,026. HCL
Technologies, along with its subsidiaries, had consolidated revenues of US$ 2.0 billion (Rs. 9,842 crores), as on 31st March
2009.
6. HP India
At sixth spot is the Indian subsidiary of the global IT giant Hewlett-Packard. The company’s offerings span IT infrastructure,
global services, business and home computing, and imaging and printing. The company has approximately 321,000 employees
worldwide.
7. MphasiS Ltd
MphasiS Ltd, is at the seventh spot on the country’s biggest IT employers’ list. The group added headcount by 3,822 net, during
the quarter. The group headcount stood at 33, 810 as at April 30, 2009.
Intelenet Global Services Ltd is the eighth biggest IT employer with around 27,000 employees. It has 30 delivery centres
strategically located throughout the globe. Intelenet was acquired by PE firm, Blackstone Group. The company was ranked No 15
among large organisations in the ET- IT’s Great Places to Work Survey 2009.
At no. 9 is IBM Daksh operating from 25 delivery centers at nine locations in India and the Philippines. It employs more than
30,000 employees.
GE Capital International Services (GECIS), the India-based business process services operations of GE Capital is the tenth
biggest IT employer. As of 2008, the company had over 36,200 employees. Currently the company has a global network of over
The 11th biggest employer in India is TechMahindra (without including Satyam employees). The significant event to happen for
them this quarter was the acquisition of a strategic stake in Satyam. Tech Mahindra now holds 42.7% shares in Mahindra Satyam
all through its subsidiary Venturbay Consultants Private Limited. Tech Mahindra consolidated headcount increased by 510
At no. 12th is Essar Group’s back office Aegis BPO. The company recently announced its plans to increase its global workforce
At no. thirteen is the Nasdaq listed second biggest BPO firm in India, WNS Global Services. In January this year, Neeraj
The 14th largest employer in India is Firstsource Solutions Ltd. It posted net profit of Rs 38 crore for the first quarter ended June
30, 2009. Recently, Firstsource Solutions and private telecom operator Idea Cellular signed a five-year, Rs 145-crore outsourcing
agreement.
Computer Sciences Corp is the 15th largest employer in India. It has about 90,000 employees globally and reported revenue of
$17.1 billion for the 12 months ended July 2008. CSC’s recent acquisitions and expansion activities have increased its
development and delivery centers to seven locations within India, including Noida, Indore, Hyderabad, Chennai, Mumbai,
Bangalore and Vadodara. Now, with more than 16,000 employees in India and an additional 3,000 in other geographies that
Patni Computer Systems is the 16th largest IT employer in India. It has over 14,500 professionals service clients across diverse
industries, from 27 sales offices across the Americas, Europe and Asia-Pacific, and 22 Global Delivery Centers in strategic
At no. 17 is Larsen & Toubro Infotech. The company offers offer software solutions and services to companies in banking &
financial services, insurance, energy & petrochemicals, manufacturing and telecom sectors. The company which started
BPO services provider Hinduja Global Solutions is the 18th largest IT employer in India. In March the company announced that
At no. 19th is Oracle Financial Services Software. The company reportedly employed around 11,000 people as of December
2008.
At no. 20 is the leading contact centre and billing solutions firm, Convergys Corp. As of October 2008, the company claimed to
have approximately 13,000 employees in India. Convergys currently operates from major facilities in cities across India including
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