Dear Members,
We are members of foreign airlines who have been offered VSS by management. Most of us fear that if they don't accept VSS, they will be terminated. Can anyone suggest the best method to prevent management from taking such a step by implementing preemptive measures? We are under the central tribunal even though our head office is in Mumbai.
We have also attempted to approach the labor commissioner, but he doesn't seem to be very helpful as he is not accepting our request to file an application for conciliation.
Suggestions are most welcome from everyone.
Regards,
Rakesh
From Saudi Arabia, Jeddah
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We are members of foreign airlines who have been offered VSS by management. Most of us fear that if they don't accept VSS, they will be terminated. Can anyone suggest the best method to prevent management from taking such a step by implementing preemptive measures? We are under the central tribunal even though our head office is in Mumbai.
We have also attempted to approach the labor commissioner, but he doesn't seem to be very helpful as he is not accepting our request to file an application for conciliation.
Suggestions are most welcome from everyone.
Regards,
Rakesh
From Saudi Arabia, Jeddah
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Dear Rakesh,
Why is this airline taking this step and how many of you have been offered this VRS? Yes, you can raise the dispute. However, you all have to fight for your rights together. Your case will eventually go to CGIT (Central Government Industrial Tribunal).
Your head office is in Mumbai, but where are you posted? Do you have any office where you are posted? Are you associated with any union?
Please answer these questions, as I guess that the airline companies also have to seek permission from DGCA before effecting any such scheme. Though they are well within their rights to do the retrenchment, it should not be done without following the proper procedure laid down in the Industrial Disputes Act.
Please answer the above questions so we can better understand your situation.
Thank you.
From India, New Delhi
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320Why is this airline taking this step and how many of you have been offered this VRS? Yes, you can raise the dispute. However, you all have to fight for your rights together. Your case will eventually go to CGIT (Central Government Industrial Tribunal).
Your head office is in Mumbai, but where are you posted? Do you have any office where you are posted? Are you associated with any union?
Please answer these questions, as I guess that the airline companies also have to seek permission from DGCA before effecting any such scheme. Though they are well within their rights to do the retrenchment, it should not be done without following the proper procedure laid down in the Industrial Disputes Act.
Please answer the above questions so we can better understand your situation.
Thank you.
From India, New Delhi
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Dear Mr. Tyagi,
Thank you for your reply. Here is the answer to your queries. We have an office in Mumbai, an association, and have also hired the services of a legal advisor here.
As a foreign carrier, we do not fall under the purview of the DGCA regarding any labor practices. Currently, our staff is united. However, considering the estimated duration of the process (3-8 years) and the lack of immediate relief such as a stay order, they are hesitant to take the legal route.
Could you please advise us on whether we can directly approach the court if the company decides to retrench staff on the grounds that they are transferring functions to an outside agency? We seek to obtain a stay order against such action without waiting for the labor commissioner to initiate conciliation proceedings. According to our legal advisor, this process could take 3-5 months before a failure report is filed and our case is sent to the tribunal where we might find some relief.
Your prompt advice on the above matter is crucial as the deadline for the VSS scheme is approaching on the 23rd of May.
Regards,
Rakesh
From Saudi Arabia, Jeddah
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Thank you for your reply. Here is the answer to your queries. We have an office in Mumbai, an association, and have also hired the services of a legal advisor here.
As a foreign carrier, we do not fall under the purview of the DGCA regarding any labor practices. Currently, our staff is united. However, considering the estimated duration of the process (3-8 years) and the lack of immediate relief such as a stay order, they are hesitant to take the legal route.
Could you please advise us on whether we can directly approach the court if the company decides to retrench staff on the grounds that they are transferring functions to an outside agency? We seek to obtain a stay order against such action without waiting for the labor commissioner to initiate conciliation proceedings. According to our legal advisor, this process could take 3-5 months before a failure report is filed and our case is sent to the tribunal where we might find some relief.
Your prompt advice on the above matter is crucial as the deadline for the VSS scheme is approaching on the 23rd of May.
Regards,
Rakesh
From Saudi Arabia, Jeddah
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Dear Rakesh,
Sorry for responding late. Yes, you can move to court directly in case of termination. Although they can do the retrenchment if they follow the procedure given in the ID Act, however, they have to pay proper compensation to the workmen affected by their decision. Be it a foreign carrier, but if they have an office in India, the laws governing the functioning would be Indian Laws.
However, I would like to know the nature of work the airline wants to outsource, or in other words, what work do the workmen in question do. Companies can outsource the work; however, you have the right to raise a voice against it.
My opinion would be to carefully weigh your options before acting upon something. Please note that if the scheme is giving legally adequate compensation in lieu of the retrenchment, you will not be able to force the management to keep you employed; if otherwise, they are not acting in gross violation of the principle of natural justice.
From India, New Delhi
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Sorry for responding late. Yes, you can move to court directly in case of termination. Although they can do the retrenchment if they follow the procedure given in the ID Act, however, they have to pay proper compensation to the workmen affected by their decision. Be it a foreign carrier, but if they have an office in India, the laws governing the functioning would be Indian Laws.
However, I would like to know the nature of work the airline wants to outsource, or in other words, what work do the workmen in question do. Companies can outsource the work; however, you have the right to raise a voice against it.
My opinion would be to carefully weigh your options before acting upon something. Please note that if the scheme is giving legally adequate compensation in lieu of the retrenchment, you will not be able to force the management to keep you employed; if otherwise, they are not acting in gross violation of the principle of natural justice.
From India, New Delhi
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Form for memorandun of sellement of industrial dispute between employer and employees.doc
Industrial Dispute Act.ppt