In the news, there is a report of pilots going on collective sick leave, demanding the reinstatement of two sacked pilots for forming a union called the Aviators' Guild. Since striking is illegal when conciliation is under proceeding, how will this action by Jet pilots be viewed under the ID Act and Trade Union Act? Is ESMA applicable in such a situation? Please discuss the issue in terms of industrial relations and legislation.
From India, Delhi
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From India, Delhi
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Dear Friend,
A very interesting scenario from the viewpoint of legal experts. All three legislations are independent of each other.
Trade Unions Act: Pilots have the right to form a union under the Act. This is not a statutory but a fundamental right to form an association or trade union.
ID Act: Going on mass sick leave will amount to misconduct under this Act.
ESMA: The government can invoke this Act when a strike affects the public at large.
The way out is settlement only; otherwise, it will be a legal tangle all the way.
From India, Vadodara
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22A very interesting scenario from the viewpoint of legal experts. All three legislations are independent of each other.
Trade Unions Act: Pilots have the right to form a union under the Act. This is not a statutory but a fundamental right to form an association or trade union.
ID Act: Going on mass sick leave will amount to misconduct under this Act.
ESMA: The government can invoke this Act when a strike affects the public at large.
The way out is settlement only; otherwise, it will be a legal tangle all the way.
From India, Vadodara
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Yes, I agree. But I seek to have some more observations and opinions on it. Could this have been averted if handled with empathy and openness? Can an empowered HR, good HR policies, and organizational culture prevent such incidences? Can HR be empowered enough to persuade the management to accept its advice?
If you remember, Jet Airways was the first to start the "Recession" scare in India, sometime last September, when it sacked ground staff and trainees en masse. It led to a massive floodgates of "recession"-led downsizing by companies in all sectors. Now that the "green shoots" of recovery are emerging, do you think the employees will forgive and forget Naresh Goyal's Jet Airways? What is your take on this 'event'?
From India, Delhi
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If you remember, Jet Airways was the first to start the "Recession" scare in India, sometime last September, when it sacked ground staff and trainees en masse. It led to a massive floodgates of "recession"-led downsizing by companies in all sectors. Now that the "green shoots" of recovery are emerging, do you think the employees will forgive and forget Naresh Goyal's Jet Airways? What is your take on this 'event'?
From India, Delhi
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Dear Rajkumar,
In my opinion, it starts with the organizational values. All HR initiatives are based on the same. Moreover, a proactive approach and foresightedness on the part of management, along with an empathetic view of the employees' issues, have the potential to avert such crises.
R. G. Ratnawat
From India, Pune
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In my opinion, it starts with the organizational values. All HR initiatives are based on the same. Moreover, a proactive approach and foresightedness on the part of management, along with an empathetic view of the employees' issues, have the potential to avert such crises.
R. G. Ratnawat
From India, Pune
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One more question: do pilots come under the definition of "workmen"?
Under the ID Act, a WORKMAN [(Sn.2(s)], all employees in an establishment are not 'WORKMEN' under the ID Act. Only employees performing manual, unskilled, skilled, technical, operational, or clerical work are considered 'workmen.' However, managerial staff are totally excluded irrespective of their salary.
From India, Delhi
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Under the ID Act, a WORKMAN [(Sn.2(s)], all employees in an establishment are not 'WORKMEN' under the ID Act. Only employees performing manual, unskilled, skilled, technical, operational, or clerical work are considered 'workmen.' However, managerial staff are totally excluded irrespective of their salary.
From India, Delhi
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Hi Friends,
Yes, pilots come under the category of workmen. Time and again, the apex court has expanded the definition of workmen under the ID Act. Now, there is a debate going on as to whether the amendment of the ID Act should be made to exclude them.
From India, Vadodara
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Yes, pilots come under the category of workmen. Time and again, the apex court has expanded the definition of workmen under the ID Act. Now, there is a debate going on as to whether the amendment of the ID Act should be made to exclude them.
From India, Vadodara
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Pilots in civil aviation are coming under the definition of a Workman under the ID Act. Any person employed in any industry in the aviation industry to do manual, unskilled, skilled, technical, and operational, clerical, or supervisory work are doing technical and skilled work. The term of employment expressed or implied should have clear terms expressed. They are not excluded because they have no managerial functions and are not in a supervisory capacity. Pilots in the Airforce do not come under the definition of a workman because they are excluded as they are subject to the Air Force Act of 1950.
From India, Madras
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From India, Madras
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Dear Sir,
There are so many rulings of the Honorable Supreme Court that who is a workman shall be decided by the nature of the job, not by the salary he is drawing. So, pilots come under the category of workmen under the Industrial Disputes Act, 197.
In the same way, a teacher is not a workman. The classification of who is a workman will be determined based on the nature of the job he/she is performing.
Thank you.
Best regards, [Your Name]
From India, Delhi
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There are so many rulings of the Honorable Supreme Court that who is a workman shall be decided by the nature of the job, not by the salary he is drawing. So, pilots come under the category of workmen under the Industrial Disputes Act, 197.
In the same way, a teacher is not a workman. The classification of who is a workman will be determined based on the nature of the job he/she is performing.
Thank you.
Best regards, [Your Name]
From India, Delhi
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Salary or social status is not the criteria for deciding who is a workman or not. Though civil aviation pilots are getting hefty wages (as mentioned by you) and staying in Five-Star Hotels during their stay between duty, or having a better social status, they come under the definition of "Workman" under the ID Act 1947. At the same time, a Manager who may get a salary of Rs 10,000 per month comes to work by walking or cycling and lives in an ordinary house; he does not come under the definition of a workman. This is because he exercises managerial powers and performs managerial functions. He is a Manager and not a workman. The difference lies in the nature of work and nothing else.
From India, Madras
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From India, Madras
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