Dear Colleagues:
1) If Supervisors have formed a Union, what can be good ground to challenge it (I am seeking views of the experts on what can be grounds to challenge the formation /Registration of a Union of Supervisors).
2) If the Supervisors have given a COD after the formation of the Union, how to deal with it? What should be our strategy during conciliation, if called for?
Kindly suggest.
From India, Delhi
101) If Supervisors have formed a Union, what can be good ground to challenge it (I am seeking views of the experts on what can be grounds to challenge the formation /Registration of a Union of Supervisors).
2) If the Supervisors have given a COD after the formation of the Union, how to deal with it? What should be our strategy during conciliation, if called for?
Kindly suggest.
From India, Delhi
Your queries are answered below:
1. Supervisors can form a union and get it registered as per the Trade Union Act 1926. The Act permits even employers to register themselves as a trade union. There is no embargo on supervisors or the executives forming a union. But they will not have the protection of ID Acct 1947 which is strictly applicable only to workmen. (like Protected Workman or statutory necessity of notice of change, unfair labour practice etc)
2. The query is not clear, you mean COD= Code of Discipline. A union cannot give a code of discipline it is for the management to give the Code of Discipline.
When the Conciliation Officer calls you, you should challenge the jurisdiction of the union to invoke the powers of CO in this matter. Submit it as a preliminary objection and ask CO to decide the matter first before entering into the dispute.
From India, Mumbai
1. Supervisors can form a union and get it registered as per the Trade Union Act 1926. The Act permits even employers to register themselves as a trade union. There is no embargo on supervisors or the executives forming a union. But they will not have the protection of ID Acct 1947 which is strictly applicable only to workmen. (like Protected Workman or statutory necessity of notice of change, unfair labour practice etc)
2. The query is not clear, you mean COD= Code of Discipline. A union cannot give a code of discipline it is for the management to give the Code of Discipline.
When the Conciliation Officer calls you, you should challenge the jurisdiction of the union to invoke the powers of CO in this matter. Submit it as a preliminary objection and ask CO to decide the matter first before entering into the dispute.
From India, Mumbai
Hello ,
1. Supervisors/ team leaders can form a union , its permittable by law , but you can have a better counselling to form internal committee instead of forming a union , which will also treat as a union and get benefitted both employee and employer.
2. COD - charter of Demand - read carefully about the demands whether it is up to market trend or not , if it is higher than market trend , you can negotiate with proper benchmarks . however its mutual agreement of settlement.
NOTE:
A. its not considered as WORKMEN as they are supervisors.
for a workmen: memorandum of settlement -Under Section 2(p)read with 18(1) of the Industrial Disputes Act 1947).
B. As supervisors are not covered, you can have a WAGE REVISION/ WAGE SETTLEMENT without mentioning as act references. also using the title as concerned employees instead of workers/workmen.
best regards
From India , Pune
1. Supervisors/ team leaders can form a union , its permittable by law , but you can have a better counselling to form internal committee instead of forming a union , which will also treat as a union and get benefitted both employee and employer.
2. COD - charter of Demand - read carefully about the demands whether it is up to market trend or not , if it is higher than market trend , you can negotiate with proper benchmarks . however its mutual agreement of settlement.
NOTE:
A. its not considered as WORKMEN as they are supervisors.
for a workmen: memorandum of settlement -Under Section 2(p)read with 18(1) of the Industrial Disputes Act 1947).
B. As supervisors are not covered, you can have a WAGE REVISION/ WAGE SETTLEMENT without mentioning as act references. also using the title as concerned employees instead of workers/workmen.
best regards
From India , Pune
As per definition of "workman" under I D Act the Supervisors are also workman within some wage limit. Moreover, just mere designation is not sufficient to determine whether the person is workman or not. It is basically the nature of job.
The employer may raise this question in front of Cancellation Officer with proper documents to prove that the nature of job is in a managerial or administrative capacity - Leave sanction, signing of voucher for any payment etc. etc.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
The employer may raise this question in front of Cancellation Officer with proper documents to prove that the nature of job is in a managerial or administrative capacity - Leave sanction, signing of voucher for any payment etc. etc.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
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