Can we transfer a workman on disciplinary ground to our another unit (under same ownership). Terms of condition of Appointment letter is signed by him at the time of joining. Please suggest.
From India, New Delhi
1From India, New Delhi
Dear Ratnesh,
In the first place, transfer is a normal and positive incidence of service based on exigencies of work or the policy of rotation of employees among the various units of the same management. Hence I have a different perception as the proposed transfer is on disciplinary ground. Whether the reason for an inter-unit transfer of a particular employee is any work exigency or a measure of punishment, the Management can do so only when there is such a provision in the Standing Orders or Service Regulations. Ownership of the two units may be the same but they are separate legal entities in the absence of common balance sheet and /or functional integrality.
From India, Salem
In the first place, transfer is a normal and positive incidence of service based on exigencies of work or the policy of rotation of employees among the various units of the same management. Hence I have a different perception as the proposed transfer is on disciplinary ground. Whether the reason for an inter-unit transfer of a particular employee is any work exigency or a measure of punishment, the Management can do so only when there is such a provision in the Standing Orders or Service Regulations. Ownership of the two units may be the same but they are separate legal entities in the absence of common balance sheet and /or functional integrality.
From India, Salem
Dear Umakanthan Sir
please advice on following
we are engaged security guards through TOP security agency, we paid all statuary payment including bonus on his every month Bills but after repeated reminder and notice they don't release the salary of guard timely and ignore to paid the bonus. so we decide to terminate the agency and take new agency in existing manpower. in that case we required declaration cum undertaking from each guard for new engagement and in that declaration we want to put a clause they not claim their old payment(TOP pending payment) so in future it will be help for legal action. in the mean time we tray to release the all pending payment from TOP management. kindly help for required format accordingly.
From India, New Delhi
please advice on following
we are engaged security guards through TOP security agency, we paid all statuary payment including bonus on his every month Bills but after repeated reminder and notice they don't release the salary of guard timely and ignore to paid the bonus. so we decide to terminate the agency and take new agency in existing manpower. in that case we required declaration cum undertaking from each guard for new engagement and in that declaration we want to put a clause they not claim their old payment(TOP pending payment) so in future it will be help for legal action. in the mean time we tray to release the all pending payment from TOP management. kindly help for required format accordingly.
From India, New Delhi
Dear Siba,
Sorry to intrupt your discussion with Mr. Umakanthan M but would like to tell you that, it is not right ethically or as per law as well to take any written format for not asking legal dues / claims from the employer. This will not resolve any of your problem, please followup with your vendor and make him pay the necessary payments to the employees or else you can start taking legal action against the contractor rather than taking any undertaking from the security guards.
Sorry to intrupt your discussion with Mr. Umakanthan M but would like to tell you that, it is not right ethically or as per law as well to take any written format for not asking legal dues / claims from the employer. This will not resolve any of your problem, please followup with your vendor and make him pay the necessary payments to the employees or else you can start taking legal action against the contractor rather than taking any undertaking from the security guards.
Dear Siba,
Would my presumption that this is just an " Umbrella Contract " be correct? - just changing the contractor according to the Principal Employer's preference but keeping the same contract labour. This is certainly an unfair labour practice which if proved would be leading to the absorption of the entire contract labour as your own workmen apart from any penalty for such practice.
Or else is it a new situation created by the unscrupulous contractor on his own and you don't want to kill both the culprit and the victim with a single shot, pay all the pending dues to the contract labour and settle their accounts. Engage a new contractor and if he is willing,engage the erstwhile contractor's men also through him. Getting the type of undertaking from the previous contract labour regarding old dues payable can not absolve you of your vicarious liability under section 24 of the CLRA Act,1970.
From India, Salem
Would my presumption that this is just an " Umbrella Contract " be correct? - just changing the contractor according to the Principal Employer's preference but keeping the same contract labour. This is certainly an unfair labour practice which if proved would be leading to the absorption of the entire contract labour as your own workmen apart from any penalty for such practice.
Or else is it a new situation created by the unscrupulous contractor on his own and you don't want to kill both the culprit and the victim with a single shot, pay all the pending dues to the contract labour and settle their accounts. Engage a new contractor and if he is willing,engage the erstwhile contractor's men also through him. Getting the type of undertaking from the previous contract labour regarding old dues payable can not absolve you of your vicarious liability under section 24 of the CLRA Act,1970.
From India, Salem
Dear All, Your valuable suggestions required.
One of the factories established in Delhi less than 15 workers. Two workmans fought with each other in factory premises and beat each other badly. Both workers had given in written their own clarifications to the management. On disciplinary grounds one worker was terminated and another one is transferred to factory another unit under same ownership established in Bahadurgarh (Haryana) that is 12 km from the current factory with current salary and conveyance extra shall be bear by factory. (in his letter of appointment transferred clause is clearly mentioned).
The workman who was terminated is out of reach and another one who was transferred has filed a complaint against factory in Labour Department that he is terminated under factory conspiracy and he is not ready to work in another unit. He was a helper/unskilled but he has showed as skilled labour (Helper is mentioned in appointment letter & Job Application form at the time of joining). Now three dates has been attended by management in labour department.
The worker had been working since 12 years. Factory management is ready to pay his full and final as Gratuity etc. but not ready to pay compensation and one month notice pay and the matter is not being solved due to compensation and one month notice pay.
Please tell what shall be the consequences if case is transferred to district court and please advice what should be done now.
Regards,
Ratnesh Kumar Rai
9312182660
From India, New Delhi
One of the factories established in Delhi less than 15 workers. Two workmans fought with each other in factory premises and beat each other badly. Both workers had given in written their own clarifications to the management. On disciplinary grounds one worker was terminated and another one is transferred to factory another unit under same ownership established in Bahadurgarh (Haryana) that is 12 km from the current factory with current salary and conveyance extra shall be bear by factory. (in his letter of appointment transferred clause is clearly mentioned).
The workman who was terminated is out of reach and another one who was transferred has filed a complaint against factory in Labour Department that he is terminated under factory conspiracy and he is not ready to work in another unit. He was a helper/unskilled but he has showed as skilled labour (Helper is mentioned in appointment letter & Job Application form at the time of joining). Now three dates has been attended by management in labour department.
The worker had been working since 12 years. Factory management is ready to pay his full and final as Gratuity etc. but not ready to pay compensation and one month notice pay and the matter is not being solved due to compensation and one month notice pay.
Please tell what shall be the consequences if case is transferred to district court and please advice what should be done now.
Regards,
Ratnesh Kumar Rai
9312182660
From India, New Delhi
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