Sir /Madam I want to change the designation of my employees from next month as per their dept
can I change from immediate next month or are there any rules or any other procedure for changing post/designations?
kindly support
From India, Mumbai
can I change from immediate next month or are there any rules or any other procedure for changing post/designations?
kindly support
From India, Mumbai
Dear Colleague,
In case of any organization there are broadly 2 types of employees in the eye of law as you know. 1) Workmen covered under Industrial Disputes Act 1947 2) employees who are not "Workmen" which means Supervisors drawing wages level stipulated under the act and Managerial or Administrative capacity employee.
WORKMEN under ID ACT:
In case of Workmen covered under ID Act 1947 prior notice is must in case of any change in conditions of service like Change in Grade system and other such matters as mentioned below in further reading. In such class of workmen if your proposal is to " Change the Conditions of Service applicable to s substantial manner and impact on their Wages/ Grade etc then only the Notice of Change to be given. If it is only to change their titles then it can be done within organization as a normal process.
EMPLOYEES WHO ARE NOT WORKMEN UNDER ID ACT:
In case of employees who are "not workmen" under ID Act, then no such condition is imposed by any Law and it is discretion of the Employer. However have internal communication strong with all employees on the " Purpose and Need" " How the change is not going to affect in any way etc to the employees clearly to avoid any back fire and misconception among employees.
OVERALL CHANGE MANAGEMENT:
This type of Change needs a good amount of preparation, change management, Organizational Communication, Internal Communication, Departmental communication and so on to implement it smoothly without any confusion in the minds of employees.
Kindly read relevant provision pertaining to Workmen :
9A. Notice of change.- No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,--
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change--
(a) where the change is effected in pursuance of any 1*[settlement or award]; or .........
THE FOURTH SCHEDULE/ (SEE SECTION 9A)
Conditions of Service for change of which Notice is to be given
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8 Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders;
10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, 1[not occasioned by circumstances over which the employer has no control].]
From India, Chennai
309In case of any organization there are broadly 2 types of employees in the eye of law as you know. 1) Workmen covered under Industrial Disputes Act 1947 2) employees who are not "Workmen" which means Supervisors drawing wages level stipulated under the act and Managerial or Administrative capacity employee.
WORKMEN under ID ACT:
In case of Workmen covered under ID Act 1947 prior notice is must in case of any change in conditions of service like Change in Grade system and other such matters as mentioned below in further reading. In such class of workmen if your proposal is to " Change the Conditions of Service applicable to s substantial manner and impact on their Wages/ Grade etc then only the Notice of Change to be given. If it is only to change their titles then it can be done within organization as a normal process.
EMPLOYEES WHO ARE NOT WORKMEN UNDER ID ACT:
In case of employees who are "not workmen" under ID Act, then no such condition is imposed by any Law and it is discretion of the Employer. However have internal communication strong with all employees on the " Purpose and Need" " How the change is not going to affect in any way etc to the employees clearly to avoid any back fire and misconception among employees.
OVERALL CHANGE MANAGEMENT:
This type of Change needs a good amount of preparation, change management, Organizational Communication, Internal Communication, Departmental communication and so on to implement it smoothly without any confusion in the minds of employees.
Kindly read relevant provision pertaining to Workmen :
9A. Notice of change.- No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,--
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change--
(a) where the change is effected in pursuance of any 1*[settlement or award]; or .........
THE FOURTH SCHEDULE/ (SEE SECTION 9A)
Conditions of Service for change of which Notice is to be given
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8 Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders;
10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, 1[not occasioned by circumstances over which the employer has no control].]
From India, Chennai
In case the change in post/designation is not prejudicially affecting service conditions like pay, status, promotion prospects, working conditions, job contents etc., there is no issue in changing post/designation as they are only organisatioal labels and can be changed as per convenience.
From India, Mumbai
From India, Mumbai
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