Law
and Christian Witness
Why do
we Need Labour Laws?
Are people
just tools to fulfill our vision?
An advertisement by Microsoft in
the year 2006 drew my attention: ‘Is your
business a people-ready business? People can solve problems before they happen,
invent new ways to do business and build strong relationships with customers
and partners. They know the business inside and out – what’s working and what’s
not. They’re the robust, scaleable, cutting-edge
business solution you’ve had all along’ (Microsoft.com/peopleready). One of
the largest employers in the software industry believes that people are
important. Infosys, another large employer of young people based in India,
believes in providing world-class recreational facilities as part of the working
environment. The founder Mr. Narayanmurthy loved to be known as the chief
mentor and not the founder-chairman or CEO of his huge multinational business
venture.
Whenever we
talk about stewardship, we often understand it as the responsibility over resources
like money, materials, time, etc. We often forget that the most important of
all resources are people. People come under our influence, especially when we
are fulfilling our various leadership roles. They are entrusted to us by God
and we, as stewards, are accountable for how we lead and care for them. Moses,
as a leader, stood by His people even when God himself wanted to destroy them
for their sins. He stood in the gap and pleaded for forgiveness and for a
second chance for the people he was leading (Exodus 32: 30-35, Numbers 14: 1-25).
Solomon, early in his kingship, understood the enormous task of ruling the
people and when God gave him an opportunity to ask for a gift, he chose to ask
for wisdom to judge the people rather than riches, enlargement of territory or
the lives of his enemies. God commended his desire and blessed him with wisdom
that knew no limits (1 Kings 3:4-15).
Many of us
who are leaders in organisations are so driven by tasks, that we often just use
people to achieve our goals and never think about their lives. An Information
Technology Consultant Steve P, in his report after a visit to a mission/NGO
office commented, ‘A common failure of
non-profits is to value money more than people: they pinch pennies for capital
expenditure on tools which ends up costing them dollars every day because staff
are hampered by poor usability. It is a false economy’. In the corporate
and business world, there has been a paradigm shift of focus from money to
people in their organisations but there are very less examples of this among
Christian establishments.
From Personnel Management to
Human Resources Development to Talent Management
One of the
first lessons in management is often drawn from the life of Moses and his
father-in-law Jethro (Exodus 18:9-27). Jethro had advised Moses to learn and
practice the art of delegation. However, when technological inventions created
more opportunities for making money, labour
was needed to operate and maintain the machinery and engines that were
produced. Personnel management has come a long way from the times of the
Industrial Revolution in Europe a few centuries ago to the recent Information Technology
revolution. It started on the assumption of increasing production through
division of labour and specialisation that amounted to treating a worker almost
like a machine. People were just labor that
were disposable. People, who worked as labourers in those times, went about
their lives without much meaning, barely surviving. They were often treated as
bonded slaves. Therefore, governments have passed laws to ensure that workers,
employees, staff and labourers are given their due.
In recent
times, as the value of the life and personhood of a human being increased,
personnel management has become HRD – Human Resource Development. Welfare
measures or charity given by management has now changed to a focus on total
care for the person and his family. In the past, management viewed people as a
tool to be used to fulfill their goals and objectives. Currently, management
views people as talent and assets that can make a vital difference to the attainment
of the goal of the organization, more than money and other resources. Tommy
Hilfiger, one of the corporate management leaders says that ‘We focus our efforts on empowering our
people – getting them the resources they need to succeed; to get the job done’.
Christian organisations
are most often slow to understand the transitions taking place in the science
of management and in the area of labour laws. Visionary leaders most often
believe that God has given them the vision and expect all the others to follow
them blindly. There is also an assumption that the followers share an equal
commitment and vision for the task. Many organisations continue to practice the
old ways of personnel management. Some have changed their vocabulary and terms
but are yet to change the actual practices of their leadership style.
Therefore, as
good stewards, let us briefly discuss some important legal issues concerning
managing or developing our God-given human
resources that they may effectively assist us in our efforts. This is what we
can call as stewardship of people.
Recruiting People:
People Management is based on the
fact that the future growth and prosperity of any organisation largely depends
on the knowledge, skills, expertise and motivation of its human resources. The
aim of people management is to provide the organisation with human resources of
quality, and to provide individuals with a healthy work environment and job
satisfaction. This process starts at the time of recruiting people and ends
when they leave the organisation.
Many Christian organisations have
no standard, written policy for recruitment. People are selected randomly, as
and when they come. Often employment is given on compassionate grounds. There
is also an unhealthy trend of not trusting people who are different from them. Many
unconsciously select those who speak their own language, come from their
hometown and are part of their extended family or clan. Recruiting people
according to our whims and fancies is not good stewardship of people. We must
optimise the number and utilisation of people in our organisation. We must
provide growth and educational opportunities for individuals, accepting people
regardless of race, colour, caste, nationality, sex, marital status and
disability. Although there is no specific law on recruitment in India for
private establishments, there are several decisions of the courts that question
the practice of recruitment.
Central & State
Government laws applicable in Maharashtra
Bombay Shops & Establishments Act,
Minimum Wages Act, Equal Remuneration Act,
Employment Exchange Act, Payment of Wages Act, Contract Labour Act,
Employees Provident Fund Act, Employees State Insurance Act, Payment of Bonus Act, Maternity Benefit Act,
Industrial Disputes Act, Employees Compensation Act, Bombay Labour Welfare Act,
Payment of Gratuity Act, Maharashtra Tax on Professions, Trades, Callings and
Employments Act, Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, The Protection of
Children from Sexual Offenses (POCSO) Act, 2012, Child and Adolescent Labour
(Prohibition & Regulation) Act, 1986.
Religious organisations,
institutions and establishments are not ordinarily exempted from compliance to
these laws. Educational, Healthcare and Care-giving institutions have more
stringent laws and rules that they need to comply with. Registration with the
appropriate authority and compliance to inspections are mandatory. It is a healthy practice to get a senior HRD
Professional or a labour lawyer to audit the compliance of the organisation to
all the relevant laws on an annual basis.
All employees must be informed of
the expectations of the organisation and their superiors. Whether we designate
them as Pastors, Missionaries or Evangelists, etc., by law they are all
considered as employees. The conditions of employment like salary and
allowances, working hours, leave privileges, housing, travel, transfer,
disciplinary proceedings, termination of employment, retirement, etc. must be preferably
in writing in the appointment letter. It is always best practice to put every
instruction in writing even if the organisation is small. Individual files of
all correspondences must be maintained. Written leave applications, joining
reports, salary payment slips, full and final settlement are important
documents. Many organisational crises owe their origin to unwritten
expectations, rules and regulations.
It
is also important to review the performance of every person in the organisation
regularly - every quarter or at least once a year. Performance appraisal is not
a tool to reward or punish, but an important process of formal communication of
each other’s expectations. It also provides opportunity for identifying the
training and developing needs of a person to help them grow. There is a requirement to establish statutory
internal committees to hear complaints on sexual harassment. Training and documentation for protection
against child abuse for care givers in institutions are mandatory. All staff
service & HR policies should be vetted by a labour lawyer and copies given
to all employees.
Compensating People:
Another important issue in caring
for people which has legal implications is in the area of providing salary and
allowances. There are many laws that need to be complied with in making policy
decisions on salary payments. Many Christian organisations come under the
category of faith missions and on
that basis, claim that they can offer only a meager sum as salary or allowances.
A few organisations keep the salary lower than the prescribed Minimum Wages Act of the state, so that
they can increase the number of workers by distributing the limited resources
they receive or assume they are encouraging self-supporting financial policies.
The Biblical principle that we should not
muzzle an ox, while it is treading[i]
is equally applicable to the lowest grade staff as it is to the top managerial
personnel. (1Timothy 5: 17-18, Deuteronomy 25:4, Luke 10:7) We use the services
of the spouses and quantify them in our propaganda but neglect to compensate
them adequately for their labour. Children’s education is not given priorities
when parents are required to be serving in remote locations. Churches and Organisations should not require
their people to sacrifice. Alternatively,
the organisation and its governing board should own the responsibility to
provide holistic care for all their people which includes economic and social
security needs. We are also responsible to provide for those who serve
life-long during their retirement season and their old age. Making provisions
for provident fund, gratuity, medical insurance, personal accident insurance,
pension etc., are important measures that show we care for our people.
Disciplining People:
Another aspect in good people
stewardship is the area of exercising discipline. Generally in Christian
organisations, any talk of disciplinary action is considered to be very harsh. People
expect sympathy and grace from the management. Management ignores, tolerates
and even neglects disciplinary issues out of false guilt. The effectiveness of
the organisation suffers. However, when the management is forced to do
something, they act hastily and ignore the general principles of natural
justice and other legal provisions. Disciplinary action is a spiritual act and
is a process of redeeming people and not only punishing them. Most conflicts
within organisations are due to lack of a written policy on disciplinary proceedings
and action. One of the important legal principles is the right to be heard. Before any action is taken, an employee is
expected to be given an opportunity to be heard before the authority. Many conflicts can be resolved if
opportunities for grievance redressal is provided within the organization. It
is important that written policies on grievance procedure, disciplinary action,
enquiry etc., are put in place with legal advice.
Letting People Go:
For everything there is a time. Just
as there is a time for joining an organisation, there is also a time for
leaving an organisation. There are many grounds for a person to leave an
organisation. Many take great care when a person joins the organisation but
fail to show similar care when they leave. A graceful exit is an honor for the
organisation. We need to let people go, when they want to. Difference of
opinions on methods, strategy, plan and implementation is very common. Conflicts
arise when there are personality clashes. Sometimes, it is true that when the
organisation is unable to provide career growth or meet the welfare needs of
the person, people will look for other opportunities. Management must learn to
graciously let go of such persons. There are many procedures to be followed as
required by law.
In recent times, the ‘hire and
fire’ system has become very common among many organisations. Downsizing is
also increasing as projects close down, funding begins to decrease, and goals
are being accomplished. We cannot have more people than we actually need. But
when faced with a situation where a person needs to be shown the door – we can
be gracious and yet firm. Christian organisations should not be treated as
places of charity. Retrenching workers is normal in the industry and corporate
sector. This provision can be used to close down projects and downsize the
staff strength with legal advice. Some multinational companies have begun to
practice a system called “outplacement”. The management takes the
responsibility to organise a counseling session and help the person to find
alternative employment elsewhere. In some cases, they also help the person to
get further training that will help him/her to get better opportunities. Outplacement
helps both the management and the people avoid the pangs of separation. (Business Today, pg. 98 – August 6, 2001)
Mentoring People:
We are often
so enthusiastic about fulfilling the great commission and confine our understanding
to just the task of discipling the
nations (Matthew 28:19). It is also important for us to look at how John
has recorded the great commission with an emphasis on people. John records the
words of Jesus as saying As the father
has sent me so I send you”. (John 20:19). The ministry of Jesus was people-focussed.
How do we care for the people God has entrusted in our care? One day we need to
give account for the way we have cared for our people. Do we use and throw them
or do we care and nurture the people who work along with us and under our
leadership? If the task of leadership is a gift and a calling from God, then
leading people is a solemn responsibility. This is the right attitude in
stewardship of people.
As long as we have formal structures,
it is imperative to comply with the legal requirements, however burdensome it
may seem. Running an organisation or institution is no longer easy. Do we
really need a formal vehicle for ministry? Jesus taught his disciples to follow
Him they need to pay the cost. It is
important that before a builder chooses to build a tower, he will first sit and
estimate the cost and see whether he has enough money to finish the tower. So
that he will be able to finish the building. (Luke 14:25-33). The same is
true when a king makes a decision about whether to make war or peace. The
lesson for us is that there is always a cost in following and serving Christ.
One of the costs for both individuals and organisations is legal compliance to
authorities. Before we start a new establishment for ministry, we need to count
the cost.
The
scripture, especially the epistles, has so much to teach about the
relationships between a master and a servant/slave. In today’s context – it is
employer-employee relationship. (Ephesians 6:5-9, Colossians 3:22-4:1, 1
Timothy 6:1-2, Titus 2:9-10, Philemon 10-16, 1 Peter 2:18-20). As believers, we
are called to set an example in the way we conduct our relationship in the
domain of compliance to labour laws within our churches, mission organizations
and institutions. I have always wondered at the beautiful picture of Boaz
greeting his workers The Lord be with you
and the harvesters respond The Lord bless
you (Ruth 2:4). This picture will go beyond the requirements of law,
witnessing to the redeeming love of Christ in our workplaces and in our ministries.
Published in Christian Manager, Chennai, August - September 2018, Vol. 18, Issue 2
