Please carry on this discussion. It is very enlightening to discuss the HR angle of a big live event as it continues to unfold.
From India, Delhi
1426From India, Delhi
Dear Kumar, To avoid any action for misconduct or illegal strike, the pilots cleverly gone for sick leave.
From India, Vadodara
From India, Vadodara
Hi All,
First of all ESMA will not be applicable in this case, as this act can be invovked by govt. when any this kind of activity is hampering the essiential services which is effecting general public at large. In this case public effected are the jet passengers who have chose to avail services of jet airways and they are having alternate remidy.
Second Point Going on mass leave is not a misconduct which can be handled under the ID Act . This needs to be handled under the Industrial Employment standing orders applicable to the organation.
Request comments of senior members on the above veiws
Regards
Ajit
From India
First of all ESMA will not be applicable in this case, as this act can be invovked by govt. when any this kind of activity is hampering the essiential services which is effecting general public at large. In this case public effected are the jet passengers who have chose to avail services of jet airways and they are having alternate remidy.
Second Point Going on mass leave is not a misconduct which can be handled under the ID Act . This needs to be handled under the Industrial Employment standing orders applicable to the organation.
Request comments of senior members on the above veiws
Regards
Ajit
From India
I am not aware of the provisions of ESMA. But under ID Act the action was an illegal strike.
Air lines is a public utility service
Airlines comes under the definition of public utility service [Section 2(n)]
2(n)(i) public utility service means any railway service orany transport service for carriage of passengers or goods by air.
Strike in public utility service is prohibited
As per Section 22, No person employed in a public utility service shall go on strike in breach of contract, (a) without giving to the employer notice of strike,within six weeks before striking,
within fourteen days of giving such notice or
before the expiry of the date of strike specified in any suich notice
during the pendency of conciliation proceedings or within 7 days from the conclusion of such proceedings
Penalty for illegal strike
Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs 50/- (Fifty) or with both.
What is strike ?
Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.
Hope this is sufficient to say the strike was illegal.
From India, Madras
Air lines is a public utility service
Airlines comes under the definition of public utility service [Section 2(n)]
2(n)(i) public utility service means any railway service orany transport service for carriage of passengers or goods by air.
Strike in public utility service is prohibited
As per Section 22, No person employed in a public utility service shall go on strike in breach of contract, (a) without giving to the employer notice of strike,within six weeks before striking,
within fourteen days of giving such notice or
before the expiry of the date of strike specified in any suich notice
during the pendency of conciliation proceedings or within 7 days from the conclusion of such proceedings
Penalty for illegal strike
Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs 50/- (Fifty) or with both.
What is strike ?
Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.
Hope this is sufficient to say the strike was illegal.
From India, Madras
Hi, Ajit,
I would like to add further more on your second point, Once a organisation takes action under Standing Orders of Company and after that if any dispute arises regarding action taken by the organisation then the provisions of ID Act will be attracted to that.
Regards,
Saquib
9272990869
From India
I would like to add further more on your second point, Once a organisation takes action under Standing Orders of Company and after that if any dispute arises regarding action taken by the organisation then the provisions of ID Act will be attracted to that.
Regards,
Saquib
9272990869
From India
Dear KCS Kutty
I compliment you on your analytical views. They were excellent and pertinent.
I look forward to other's opinion on this.
It is an issue worth studying by HR professionals, and I feel sorry to find less participation on such issues and large participation on popular issues of personal conflict or dilemmas.
Plz contribute your valuable opinions to this thread.
Regards.
From India, Delhi
I compliment you on your analytical views. They were excellent and pertinent.
I look forward to other's opinion on this.
It is an issue worth studying by HR professionals, and I feel sorry to find less participation on such issues and large participation on popular issues of personal conflict or dilemmas.
Plz contribute your valuable opinions to this thread.
Regards.
From India, Delhi
Friends, we discussed a lot on the pilot’s strike. Now let’s think about some ways to prevent their stomach upset or loose motion on duty in future !!!!
From India, Madras
From India, Madras
Dear All,
First of all thanx to raise the issue for healthy discussion which is infact is very important in this scenario.
Basic problem or you can say the root of the problem raised in Jet at the time when they lay off huge number of staff, which in fact not require at that point of time a Healthy HR Policy is definetely required.
IR became poor at that point of time only and the management and employees leave under a bitter test / enviornment.
I agree with the right of the pilot to form an Association and definetly they are free for the same.
Not even Jet, in our country no organization having the right to terminate its employees on the ground of formation of any association, here also HR Policy seems to be very poor.
Subject of reinstatement is absolutely right by the Pilot but going on sudden or in a whole on leave is ridiculous.
My observation on HR Policy that I feel that we HR Professionals are normally in most of the companies being used by Management only for avoiding their legal liabilities which should not.
It will take time to strengthen HR in an organization to interfere the unilateral policy / decision of the Management.
I may request the Rich Expertise of HR that guide us how to strengthen the HR in an organization or the Management must to take consent of HR in laying down the policy which definetly affecting the Employees.
Rgds
Santosh
From India, New Delhi
First of all thanx to raise the issue for healthy discussion which is infact is very important in this scenario.
Basic problem or you can say the root of the problem raised in Jet at the time when they lay off huge number of staff, which in fact not require at that point of time a Healthy HR Policy is definetely required.
IR became poor at that point of time only and the management and employees leave under a bitter test / enviornment.
I agree with the right of the pilot to form an Association and definetly they are free for the same.
Not even Jet, in our country no organization having the right to terminate its employees on the ground of formation of any association, here also HR Policy seems to be very poor.
Subject of reinstatement is absolutely right by the Pilot but going on sudden or in a whole on leave is ridiculous.
My observation on HR Policy that I feel that we HR Professionals are normally in most of the companies being used by Management only for avoiding their legal liabilities which should not.
It will take time to strengthen HR in an organization to interfere the unilateral policy / decision of the Management.
I may request the Rich Expertise of HR that guide us how to strengthen the HR in an organization or the Management must to take consent of HR in laying down the policy which definetly affecting the Employees.
Rgds
Santosh
From India, New Delhi
Dear Mr Kumar,
Action of Labour Commissioner and cases pending in courts are not have any direct or indirect relationship. Labour Commissioner is not judiciary and as per our Constitution, Labour commissioner is Executive.
Whenever an industrial dispute exists or apprehended in public utility services, it is the duty of the Officers in the Labour Department to hold conciliation and settle the dispute. The Labour Commissioner has done his duty as laid down in Section 12 of the Industrial Disputes Act 1947. About rest of your comments, I have only one advice. Please dont read the unwritten pages.
Regards, KCS Kutty, Chennai
From India, Madras
Action of Labour Commissioner and cases pending in courts are not have any direct or indirect relationship. Labour Commissioner is not judiciary and as per our Constitution, Labour commissioner is Executive.
Whenever an industrial dispute exists or apprehended in public utility services, it is the duty of the Officers in the Labour Department to hold conciliation and settle the dispute. The Labour Commissioner has done his duty as laid down in Section 12 of the Industrial Disputes Act 1947. About rest of your comments, I have only one advice. Please dont read the unwritten pages.
Regards, KCS Kutty, Chennai
From India, Madras
I agree with Santosh on the following point :
Employee Relation and motivation become poor the day Jet decided to retrench staff en-masse in the name of Recession...
HR Professionals only used for man-maintenance function and with tied hands....
Why other airlines are having vibrant work culture despite recession ???
I am sure in days to come this event will turn out to be a great HRM case study. Is Harvard listening ?
Regards.
From India, Delhi
Employee Relation and motivation become poor the day Jet decided to retrench staff en-masse in the name of Recession...
HR Professionals only used for man-maintenance function and with tied hands....
Why other airlines are having vibrant work culture despite recession ???
I am sure in days to come this event will turn out to be a great HRM case study. Is Harvard listening ?
Regards.
From India, Delhi
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