If Pritam does not sign the contract Jagruti will be fired from the company. But it is interesting to analyse what will happen if Pritam signs the contract. Is this Love contract an alternative to sexual harassment policies of the company? Definitely Intermediary Technologies Ltd is in advantage. Because in case of any sexual harassment one of the party cannot move to the court or will think twice before adopting the law route because of this Love Contract. So the image of the company will not be tarnished. One more advantage will be that Pritam cannot do any favouritism towards Jagruti. But I doubt if in case of any sexual harassment if a party decides to go to the court, will the court turn down the request because of this love contract. Moreover the party can claim that they signed the agreement under pressure from the employer at a sensitive time. One more interesting case would have been if Pritam or Jagruti anyone would have been married or may be both married (Not to each other), will in this case Intermediate technologies would have forced them to sign the contract. And in case of India where same sex is yet to be legalized what route the company would have taken if in case Jagruti was a boy? Would Pritam and Jagruti (both males) would have been asked to sign the contract and to what extent Indian law would have recognized the contract.
In my opinion love contract is not an apt solution to the problem, rather a strong anti harassing policy combined with an effective reporting and investigation policy will solve the cause. The employees should be trained regularly in this matter. Even if someone dates his/her subordinate proper rules must be made that they are not in a same project or anyway related project. If we look at Infosys this policy has been there since their inception and no one can forget even a board of director was fired under harassment of a female employee. So a love contract may give headaches to the HR but the above mentioned policies and their proper implementation can solve the problem to a greater extent.
Saturday, February 27, 2010
Before we hook up, please sign this...
The love contract is a required document signed by the two employees in a consensual dating relationship that declares that the relationship is by consent.
Love contracts have been commonly used to follow the principle of “best person for the job” which is often violated due to sexual favoritism. Sexual favoritism is a relatively new term of art that refers to a situation in which an employee, often a female, receives promotions, awards, or other preferential treatment by an employer, typically a male, with whom the employee is involved in a sexual relationship.
These contracts are generally the rights between the two workers involved. However, a recent decision in California (Miller vs. the Department of Corrections) suggested that other workers might be able to sue.
Tanenbaum, who has written more than 100 love contracts for companies ranging from Fortune 500 firms to mom and pops, says he has seen a steady increase over the past decade. He usually receives a run of phone calls from skittish managers whenever a high-profile sexual harassment case hits the news. Even the Bill Clinton-Monica Lewinsky scandal was good for business.
However, many believe that the very label "love contract" is an oxymoron. For instance, Greg Godek, author of the best-selling book "1001 Ways to Be Romantic" said that "It’s a total abuse of the word 'love,' it's a cover-your- butt contract."
However, if signing love contract is mandatory by the employer, the question is:
In the typical progression of a relationship -- from establishing exclusivity to meeting family to saying "I love you" -- where exactly does "We must sign this legal document so we can protect our company in case I freak out and make your life a living hell" fit in?
Does it HAVE to be THAT bad??
Traditionally, organizations have frowned upon in-house romantic relationships and marriages. Some, like Max New York Life Insurance, do not even allow two members of the same family to work together, claiming that if one is in a senior position and the other somewhat junior, it could affect promotions and progress of the latter. Also, this could affect the professionalism and the inter-department secrecy that some organizations stress a lot upon.
Take the case of Pritam and Jagruti for instance. Intermediaries Technologies Ltd seems to so obviously frown upon whatever it is that is between them. It seems to me like they are merely interested in each other. Whether they have moved so far as to openly acknowledge a romantic relationship between the two of them remains another question. Either way, the GM seems either totally convinced that this is going to hamper their professional relationship or he is just trying to find a newer and better way to exploit employees. I am inclined to think the latter seems a more plausible explanation. But does it have to be so bad?
In-house romantic relationships do not necessarily have to hamper professional relationships. Leave alone hampering the relationship, these days there are plenty of IT firms which seem to encourage in-house romantic relationships. According to Shoba Murthy, Head of Corporate Communication, TCS, "There is so much more mutual support and understanding when a couple is working in the same organisation and understands the other's deadline and delivery pressures". Also, there is a greater probability of the couple staying in the company. Also, I feel that when couples work together, they get to spend more time together (in today's high pressure environment where a couple, either romantically involved or married don't get time to speak for days). This increases employee satisfaction and the employer might be likely to get better quality work in the end. Looks like there could be a positive side to this, doesn't it?
Companies like CSC are actually encouraging their employees to settle down with each other. The HR department of CSC is looking to send out a message that CSC is one big happy family! Also, companies like Wipro and TCS are posting matrimonial ads within their organization, for employees and friends of employees. This only promotes a greater sense of trust between the employer and employee.
Of course, there is a down side to this too. Couples working together might tend to bring household squabbles to the work place. We cannot rule this out, But we have to say something here about the sense of professionalism an organization instills in its employees, This should actually give a healthy and improved work environment for all.
In the end, as long as the performance f the employees concerned does not go down, I do not see why an organization has to poke its nose into such affairs. It could be happily-ever-after for all concerned, after all!!
Love Contract : A way to hide weak HR policies
When I was working for Computer Science Corporation (CSC) in Hyderabad, I had my team leader Mr Kishore Nair. He was married to Mrs. Sapna Nair who was also working for CSC but in a different team. As per the policy, CSC had no issues with their marriage as long as they were working for different teams. And the only reason why they were required to work for two different teams was in case they decided to take leave together for any family function or any other reason; it would not impact the team much. Recently when Mr Nair had to go to US for a project for 1 year, the company gave the same opportunity to Mrs Nair to go to US but on Indian salary. These type of flexible and employee friendly policies make sure that the company does not need a “love contract” to control the behaviour of the employees.
Sense and Sensibilities
The situation highlighted in this forum is a historically common phenomenon. Studies have clearly shown that romantic liaisons between employees have been on an increase over the past few years. Such a trend is rightly being attributed to the long hours which people spend at work in this competitive world. It makes for a situation in which those with whom we work are not just restricted to being our colleagues but our primary source of social contact. It is therefore but natural that romantic relationships start developing.
There was a time, not so long ago, when such relationships were better kept under cover. Though not taboo they could be a major cause of awkwardness and embarrassment for the involved parties. However, with changing times, the stigma associated with office romance has slowly lost out on its steam. The new corporate culture has blurred the lines between work and personal lives.
However, for businesses, office romances do have the potential to complicate the work environment in a lot of ways. It could be one of the primary causes of loss of individual productivity due to distraction, jealousy among co-workers and accusations of favouritism. A relationship gone sour could leave a really bad taste and the repercussions are bound to show on work. It could also antagonize the involved individuals against each other which is definitely not in the interest of the firm. And the worst fear that could come true for a company is the charges of sexual harassment against an employee which is a distant though a possible outcome.
I would like to point out the fact that any of the above mentioned issues could creep in due to the way an employee leads his life beyond his working hours as well. The loss in productivity could be attributed to a personal crisis or relationship with someone outside the circle of colleagues. It is after all an individual and their way of living which shall be most important determinant of behaviour at work place. However, it is to some extent justified on the employer’s part to be genuinely concerned about the issue of dating colleagues.
So, the question we are faced with is how should it be dealt with? Is making couples sign contracts the only solution? For that matter, is it a solution at all?
I have worked in an organization which had a policy of rewarding its employees those who married their colleagues. The fact that I would have been one among those who would have been rewarded is a different issue all together. What is important is that we do have organizations which have evolved a much better approach towards the situation. For instance, I would like to believe that the incentive associated with establishing a meaningful relationship would have been hugely responsible for couples to progress from dating to the next level. Keeping with a similar view, a company could definitely come up with a middle path to handle such situations.
Also, one should not take a lop-sided view by only looking at the pitfalls associated with a relationship in office. The benefit of happily partnered employees is also a possible outcome. This world has witnessed a lot of such examples like that of Microsoft founder Bill Gates, and Infosys founder N.R. Narayana Murthy. It is true that the apprehension is always about the negative aspects of office romances. At the same time, it is equally accepted that a work place romance might result in a perfectly happy relationship. Therefore any policies implemented should be clear and specific about what exactly they prohibit.
The Do’s and Don’ts should be clearly stated without leaving scope for any ambiguity. Setting these ground rules is the first step. An open policy should be advocated. Employees should be requested to disclose a relationship if it becomes romantic. It is but imperative, that to encourage such an environment, the company rather than imposing penalties and contracts is willing to work with them. Instead of making employees forcibly sign a contract, it would be good idea for the higher management to talk to the involved couples and pre-empt the potential problems. Policies on sexual harassment should have been rolled out for all employees from the time of joining the organization as a part of the employment contract. Relationship or not, instances of sexual misconduct have become common place these days and it is the best interest of a company that it saves itself from such embarrassment. The company should show respect for an individual’s privacy making sure not to overstep it. What needs to be made clear is that integrity and performance at work place are of primary concern.
Friday, February 26, 2010
Love Contract...
Pritam Singh received a call from the GM HR of Intermediaries Technologies Ltd for an urgent meeting with him in his chamber. While he was rushing to the office of GM (HR), he squeezed his brain to get the reason for this meeting. Am I going to be fired? Or is it that the long standing promotion is to be announced leading to an onsite opportunity? Unable to decide, he knocked the door of GM(HR) looking through glass pane.
He noticed that somebody was sitting facing the GM(HR). It did not take much time for him to figure out that it was Jagruti. Before he could knock the door, the GM said, “Come in, Pritam… We are waiting for you…” He did not know as how to start the conversation. He mumbled, “Sir, you wanted to meet me, I suppose…”
“Yes Pritam, take your seat. In fact, I wanted to meet both of you. That’s why I called you”
Pritam took the corner seat so as to avoid sitting in the middle seat next to Jagruti. He was unable to decode the purpose of the meeting and looked at Jagruti for answers. But Jagruti was indifferent to his visit and looking at the portrait hanging on the wall.
GM HR looked into his eyes and asked, “Pritam, how long you have been with Intermediaries Technologies?”
“Six years Sir…”
“I hope you are aware that your name is being considered for Senior Manager HR for our Detroit Office?”
“Yes Sir, I heard from my boss…”
“You really want to be promoted?”
Pritam did not know as how to answer.
“Why Sir? Is there any problem?”
GM(HR) did not answer his question but went ahead and said, “if you really want to be promoted, you will have to sign this agreement. Jagruti has already signed it.”
Pritam was bewildered after hearing this statement. He was speechless. As a HR Manager, Pritam had administered many contracts for various employees and got their signature. But he never came across a situation, where two employees were asked to sign on the same agreement.
Pritam asked meekly, “What is this agreement Sir?”
GM(HR) said, “I prefer that you sign the agreement first and read it at your leisure. It’s self explanatory. Or later you can get to know from Jagruti.”
Pritam said, “But Sir, I want to know first as what is there in the agreement before signing it.”
Jagruti was looking into his eyes and sensing from her facial cues, Pritam felt as if she was signaling him to sign the agreement. He could not understand as what was going on.
He said, “Sir, Sorry for questioning you. But I really don’t know what is happening. I feel like you are up for a mind game. If could explain me as what the problem is, we could discuss and resolve. I really don’t know as how my promotion and signing this agreement are related.”
GM (HR) looked at him with a fire in his eyes and said, “So, you don’t want to sign the agreement. Well. Then, we have only one choice left with us.”
Pritam asked, “What is it, Sir?”
“One of you have to resign from Intermediaries Technologies. I prefer Jagruti puts down her paper before Six O’ Clock.”
When he said this, Pritam could see that tears welling up in her eyes and rolled down on the cheeks of Jagruti. He could now understand as why Jagruti was all along silent and could somehow guess the reason for the meeting.
Pritam as a part of HR team has always enjoyed the fun of recruiting people especially the young college graduates. The recruitment team members, including male and female colleagues, always used to comment looking at the photographs of prospective recruits and derive immense happiness about discussing the characteristics of the candidates turned up for interviews.
Two years back, Pritam recruited Jagruti as a senior software engineer and the day he interviewed her along with his colleagues, he felt a kind of rare intimacy with her which he never felt with anybody during his career spanning almost 8 years in field of HR in his previous organization and also here in Intermediaries Technologies. He felt that there was something special with her.
The subsequent interaction with her while facilitating her placement within the organization as a HR manager and during various other occasions, Pritam found that both of them tried to engage in “sweet nothings” sort of conversations. They slowly started exchanging sms, talked over mobile for long hours, bought expensive gifts for birthdays, and hugged each other during office parties shedding inhibitions.
Now sitting in the office of GM(HR), Pritam realized that this meeting was about their personal relationship and could not understand as why the GM(HR) should poke his nose into their affair. Moreover, he wanted to know as what was written in the agreement and why did Jagruti sign the agreement without consulting him.
In an act of jiffy, he picked up the agreement and started glancing through the page. The GM(HR) raised his voice to protest his move, “Pritam, do you know what you are doing?”
Pritam replied, “Wait a minute, Sir. I am not doing any crime. I am just reading to decide whether to sign it or not” and continued to read the agreement. It read,
Dating and Relationship Agreement
We i.e., Pritam Singh (HR Manager) and Jagruti Patel (Senior Software Engineer) employees of Intermediaries Technologies Ltd., hereby acknowledge that we have entered into a romantic relationship.
We understand that Intermediaries Technologies Ltd is an equal opportunity employer committed to a discrimination and / or harassment free workplace. By signing this “Dating and Relationship Agreement” we declare openly and explicitly that ours is a voluntary relationship of mutual consensus and we both of us guarantee that our relationship would not in any slightest possible way affect our performance in our jobs directly or indirectly and promise to avoid any romantic and / or sexual behavior within the organization.
We also assure the management that in no way our reporting relationship would be influenced by personal romantic relationship and we would always strive hard to promote the efficiency and effectiveness of business operations of Intermediaries Technologies Ltd avoiding any possible misunderstanding, moral, ethical, and social problems such as favoritism, nepotism, corruption, sexual harassment etc.,
In case, the management of Intermediaries Technologies Ltd concludes that we fail to adhere to the company code of conduct for employees due to this personal romantic relationship, we understand that it is appropriate and legitimate for the management of Intermediaries Technologies Ltd to take disciplinary action against both of us and discharge either of us or both of us from the services of Intermediaries Technologies Ltd.
………………..
………………………………………….
……………………………………………………….
Signaure: ________________________ (Pritam Sing, HR Manager)
Signature: ________________________ (Jagruti Patel, Senior Software Engineer)
He noticed that somebody was sitting facing the GM(HR). It did not take much time for him to figure out that it was Jagruti. Before he could knock the door, the GM said, “Come in, Pritam… We are waiting for you…” He did not know as how to start the conversation. He mumbled, “Sir, you wanted to meet me, I suppose…”
“Yes Pritam, take your seat. In fact, I wanted to meet both of you. That’s why I called you”
Pritam took the corner seat so as to avoid sitting in the middle seat next to Jagruti. He was unable to decode the purpose of the meeting and looked at Jagruti for answers. But Jagruti was indifferent to his visit and looking at the portrait hanging on the wall.
GM HR looked into his eyes and asked, “Pritam, how long you have been with Intermediaries Technologies?”
“Six years Sir…”
“I hope you are aware that your name is being considered for Senior Manager HR for our Detroit Office?”
“Yes Sir, I heard from my boss…”
“You really want to be promoted?”
Pritam did not know as how to answer.
“Why Sir? Is there any problem?”
GM(HR) did not answer his question but went ahead and said, “if you really want to be promoted, you will have to sign this agreement. Jagruti has already signed it.”
Pritam was bewildered after hearing this statement. He was speechless. As a HR Manager, Pritam had administered many contracts for various employees and got their signature. But he never came across a situation, where two employees were asked to sign on the same agreement.
Pritam asked meekly, “What is this agreement Sir?”
GM(HR) said, “I prefer that you sign the agreement first and read it at your leisure. It’s self explanatory. Or later you can get to know from Jagruti.”
Pritam said, “But Sir, I want to know first as what is there in the agreement before signing it.”
Jagruti was looking into his eyes and sensing from her facial cues, Pritam felt as if she was signaling him to sign the agreement. He could not understand as what was going on.
He said, “Sir, Sorry for questioning you. But I really don’t know what is happening. I feel like you are up for a mind game. If could explain me as what the problem is, we could discuss and resolve. I really don’t know as how my promotion and signing this agreement are related.”
GM (HR) looked at him with a fire in his eyes and said, “So, you don’t want to sign the agreement. Well. Then, we have only one choice left with us.”
Pritam asked, “What is it, Sir?”
“One of you have to resign from Intermediaries Technologies. I prefer Jagruti puts down her paper before Six O’ Clock.”
When he said this, Pritam could see that tears welling up in her eyes and rolled down on the cheeks of Jagruti. He could now understand as why Jagruti was all along silent and could somehow guess the reason for the meeting.
Pritam as a part of HR team has always enjoyed the fun of recruiting people especially the young college graduates. The recruitment team members, including male and female colleagues, always used to comment looking at the photographs of prospective recruits and derive immense happiness about discussing the characteristics of the candidates turned up for interviews.
Two years back, Pritam recruited Jagruti as a senior software engineer and the day he interviewed her along with his colleagues, he felt a kind of rare intimacy with her which he never felt with anybody during his career spanning almost 8 years in field of HR in his previous organization and also here in Intermediaries Technologies. He felt that there was something special with her.
The subsequent interaction with her while facilitating her placement within the organization as a HR manager and during various other occasions, Pritam found that both of them tried to engage in “sweet nothings” sort of conversations. They slowly started exchanging sms, talked over mobile for long hours, bought expensive gifts for birthdays, and hugged each other during office parties shedding inhibitions.
Now sitting in the office of GM(HR), Pritam realized that this meeting was about their personal relationship and could not understand as why the GM(HR) should poke his nose into their affair. Moreover, he wanted to know as what was written in the agreement and why did Jagruti sign the agreement without consulting him.
In an act of jiffy, he picked up the agreement and started glancing through the page. The GM(HR) raised his voice to protest his move, “Pritam, do you know what you are doing?”
Pritam replied, “Wait a minute, Sir. I am not doing any crime. I am just reading to decide whether to sign it or not” and continued to read the agreement. It read,
Dating and Relationship Agreement
We i.e., Pritam Singh (HR Manager) and Jagruti Patel (Senior Software Engineer) employees of Intermediaries Technologies Ltd., hereby acknowledge that we have entered into a romantic relationship.
We understand that Intermediaries Technologies Ltd is an equal opportunity employer committed to a discrimination and / or harassment free workplace. By signing this “Dating and Relationship Agreement” we declare openly and explicitly that ours is a voluntary relationship of mutual consensus and we both of us guarantee that our relationship would not in any slightest possible way affect our performance in our jobs directly or indirectly and promise to avoid any romantic and / or sexual behavior within the organization.
We also assure the management that in no way our reporting relationship would be influenced by personal romantic relationship and we would always strive hard to promote the efficiency and effectiveness of business operations of Intermediaries Technologies Ltd avoiding any possible misunderstanding, moral, ethical, and social problems such as favoritism, nepotism, corruption, sexual harassment etc.,
In case, the management of Intermediaries Technologies Ltd concludes that we fail to adhere to the company code of conduct for employees due to this personal romantic relationship, we understand that it is appropriate and legitimate for the management of Intermediaries Technologies Ltd to take disciplinary action against both of us and discharge either of us or both of us from the services of Intermediaries Technologies Ltd.
………………..
………………………………………….
……………………………………………………….
Signaure: ________________________ (Pritam Sing, HR Manager)
Signature: ________________________ (Jagruti Patel, Senior Software Engineer)
Monday, February 22, 2010
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