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
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1446From India, Delhi
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Dear Kumar, To avoid any action for misconduct or illegal strike, the pilots cleverly gone for sick leave.
From India, Vadodara
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From India, Vadodara
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Hi All,
First of all, ESMA will not be applicable in this case, as this act can be invoked by the government when this kind of activity is hampering the essential services, affecting the general public at large. In this case, the public affected are the jet passengers who have chosen to avail themselves of the services of Jet Airways, and they have an alternate remedy.
Secondly, going on mass leave is not misconduct that can be handled under the ID Act. This needs to be addressed under the Industrial Employment standing orders applicable to the organization.
Requesting comments from senior members on the above views.
Regards,
Ajit
From India
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First of all, ESMA will not be applicable in this case, as this act can be invoked by the government when this kind of activity is hampering the essential services, affecting the general public at large. In this case, the public affected are the jet passengers who have chosen to avail themselves of the services of Jet Airways, and they have an alternate remedy.
Secondly, going on mass leave is not misconduct that can be handled under the ID Act. This needs to be addressed under the Industrial Employment standing orders applicable to the organization.
Requesting comments from senior members on the above views.
Regards,
Ajit
From India
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I am not aware of the provisions of ESMA. But under the ID Act, the action was an illegal strike.
Airlines are a public utility service
Airlines come under the definition of public utility service [Section 2(n)]
2(n)(i) public utility service means any railway service or any transport service for the carriage of passengers or goods by air.
Strike in a public utility service is prohibited
As per Section 22, no person employed in a public utility service shall go on strike in breach of a contract, (a) without giving 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 the strike specified in any such notice, during the pendency of conciliation proceedings, or within 7 days from the conclusion of such proceedings.
Penalty for an 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 that may extend to one month or with a fine that may extend to Rs 50/- (Fifty) or with both.
What is a strike?
A 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
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Airlines are a public utility service
Airlines come under the definition of public utility service [Section 2(n)]
2(n)(i) public utility service means any railway service or any transport service for the carriage of passengers or goods by air.
Strike in a public utility service is prohibited
As per Section 22, no person employed in a public utility service shall go on strike in breach of a contract, (a) without giving 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 the strike specified in any such notice, during the pendency of conciliation proceedings, or within 7 days from the conclusion of such proceedings.
Penalty for an 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 that may extend to one month or with a fine that may extend to Rs 50/- (Fifty) or with both.
What is a strike?
A 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
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Hi Ajit,
I would like to add more on your second point. Once an organization takes action under the Standing Orders of the Company, if any dispute arises regarding the action taken by the organization, then the provisions of the ID Act will apply to that.
Regards,
Saquib
9272990869
From India
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I would like to add more on your second point. Once an organization takes action under the Standing Orders of the Company, if any dispute arises regarding the action taken by the organization, then the provisions of the ID Act will apply to that.
Regards,
Saquib
9272990869
From India
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Dear KCS Kutty,
I compliment you on your analytical views. They were excellent and pertinent. I look forward to others' opinions 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. Please contribute your valuable opinions to this thread.
Regards.
From India, Delhi
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I compliment you on your analytical views. They were excellent and pertinent. I look forward to others' opinions 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. Please contribute your valuable opinions to this thread.
Regards.
From India, Delhi
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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
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From India, Madras
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Dear All,
First of all, thank you for raising the issue for healthy discussion, which is, in fact, very important in this scenario.
The basic problem, or you can say the root of the problem, arose in Jet at the time when they laid off a huge number of staff, which, in fact, was not required at that point in time. A healthy HR policy was definitely needed.
Industrial relations became poor at that point, and the management and employees were left in a bitter environment.
I agree with the right of the pilot to form an association, and they are definitely free to do so.
Not only Jet, but in our country, no organization has the right to terminate its employees on the grounds of forming any association. Here also, the HR policy seems to be very poor.
The subject of reinstatement is absolutely right by the pilot, but going on sudden or a whole leave is ridiculous.
My observation on HR policy is that I feel HR professionals are normally being used by management in most companies only to avoid their legal liabilities, which should not happen.
It will take time to strengthen HR in an organization to intervene in the unilateral policy decisions of the management.
I would request the rich expertise of HR to guide us on how to strengthen HR in an organization or for the management to take the consent of HR in laying down policies that definitely affect the employees.
Regards,
Santosh
From India, New Delhi
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First of all, thank you for raising the issue for healthy discussion, which is, in fact, very important in this scenario.
The basic problem, or you can say the root of the problem, arose in Jet at the time when they laid off a huge number of staff, which, in fact, was not required at that point in time. A healthy HR policy was definitely needed.
Industrial relations became poor at that point, and the management and employees were left in a bitter environment.
I agree with the right of the pilot to form an association, and they are definitely free to do so.
Not only Jet, but in our country, no organization has the right to terminate its employees on the grounds of forming any association. Here also, the HR policy seems to be very poor.
The subject of reinstatement is absolutely right by the pilot, but going on sudden or a whole leave is ridiculous.
My observation on HR policy is that I feel HR professionals are normally being used by management in most companies only to avoid their legal liabilities, which should not happen.
It will take time to strengthen HR in an organization to intervene in the unilateral policy decisions of the management.
I would request the rich expertise of HR to guide us on how to strengthen HR in an organization or for the management to take the consent of HR in laying down policies that definitely affect the employees.
Regards,
Santosh
From India, New Delhi
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Dear Mr. Kumar,
The actions of the Labour Commissioner and cases pending in courts do not have any direct or indirect relationship. The Labour Commissioner is not part of the judiciary; according to our Constitution, the Labour Commissioner falls under the Executive branch.
Whenever an industrial dispute arises or is anticipated in public utility services, it is the responsibility of the officers in the Labour Department to conduct conciliation and resolve the dispute. The Labour Commissioner has fulfilled his duty as stipulated in Section 12 of the Industrial Disputes Act 1947. Regarding the rest of your comments, I have only one piece of advice: please don't read between the lines.
Regards,
KCS Kutty, Chennai
From India, Madras
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The actions of the Labour Commissioner and cases pending in courts do not have any direct or indirect relationship. The Labour Commissioner is not part of the judiciary; according to our Constitution, the Labour Commissioner falls under the Executive branch.
Whenever an industrial dispute arises or is anticipated in public utility services, it is the responsibility of the officers in the Labour Department to conduct conciliation and resolve the dispute. The Labour Commissioner has fulfilled his duty as stipulated in Section 12 of the Industrial Disputes Act 1947. Regarding the rest of your comments, I have only one piece of advice: please don't read between the lines.
Regards,
KCS Kutty, Chennai
From India, Madras
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I agree with Santosh on the following point:
Employee relations and motivation became poor the day Jet decided to retrench staff en masse in the name of recession. HR professionals were only used for man-maintenance functions and felt tied hands. Why do other airlines have vibrant work cultures despite the recession?
I am sure that in the 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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Employee relations and motivation became poor the day Jet decided to retrench staff en masse in the name of recession. HR professionals were only used for man-maintenance functions and felt tied hands. Why do other airlines have vibrant work cultures despite the recession?
I am sure that in the 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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