From all the post it appears that the mother organization ( A ) is the foundation of the organization. The organization after making profits and increasing business has been started two more businesses at location B & C. Probably the location of B & C are away from location A.
The organization is thinking to find out legal positions as well as to get a solution for the employees at location A for the compensation. My personal opinion is the organization should offer all employees of organization A to relocate at location B or C. If the employees are not agreed, then offer them compensation package better than statutory norms and as per the capacity to pay by the organization to all employees including contractual labors and staffs. It should not be forget that the founder organization A is the main contributor for the growth of the business and some fruits should be distributed to those employees who will lost their job.
Annonymous friend has been raised many hypothetical questions one after another - the reasons are best known to him/her. IN India there are organizations who have several philosophy to run their organizations. Let us think with open mind for the betterment of the society in general. Considering the employees who will lost their job , what will be their socio economic condition.
My request to annonymous friend to think it open mind, talk to decision maker and act as better as possible.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
336The organization is thinking to find out legal positions as well as to get a solution for the employees at location A for the compensation. My personal opinion is the organization should offer all employees of organization A to relocate at location B or C. If the employees are not agreed, then offer them compensation package better than statutory norms and as per the capacity to pay by the organization to all employees including contractual labors and staffs. It should not be forget that the founder organization A is the main contributor for the growth of the business and some fruits should be distributed to those employees who will lost their job.
Annonymous friend has been raised many hypothetical questions one after another - the reasons are best known to him/her. IN India there are organizations who have several philosophy to run their organizations. Let us think with open mind for the betterment of the society in general. Considering the employees who will lost their job , what will be their socio economic condition.
My request to annonymous friend to think it open mind, talk to decision maker and act as better as possible.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Appreciate views shared by Mr. SKB. Really Very Nice And Justified.
However, as already queried in earlier post:
1) What's the legal provision for the employees out of workmen category?
2) As there is no appointment letters provided, how would compensation be decided? Is there any such provision/guidelines in the S & E Act to take care of? As per my understanding some S & E Act in respective states notice period is silent. e.g. Maharashtra S & E Act 2017.
3) If there is any compensation guidelines prescribed in S & E to address such issues?
Please guide
Thanks & Regards,
Krushna Chandra Panda
From India, Mumbai
However, as already queried in earlier post:
1) What's the legal provision for the employees out of workmen category?
2) As there is no appointment letters provided, how would compensation be decided? Is there any such provision/guidelines in the S & E Act to take care of? As per my understanding some S & E Act in respective states notice period is silent. e.g. Maharashtra S & E Act 2017.
3) If there is any compensation guidelines prescribed in S & E to address such issues?
Please guide
Thanks & Regards,
Krushna Chandra Panda
From India, Mumbai
My dear anonymous friend,
After the advent and wide-spread existence of Joint-stock Company form of business entities, ownership slowly got separated from management of such business entities. You will agree that every field of business activity both in terms of size and scales of operation is dominated by MNCs and country-specific large scale corporate enterprises across the globe. Therefore, the managerial Cadre has emerged as a position of confidentiality and independence in matters of decision making and day to day operations on behalf of the organization. Such higher responsibilities of the managerial Cadre employees coupled with their higher degree of employability impliedly enhances their bargaining power in respect of their service conditions under the contract of employment. Therefore, no statutory protection other than the enforcement of their contractual rights through the Indian Contract Act,1872 is necessary when their rights are infringed. The exceptions cited are few and far between.Even in such cases, the mere nomenclature of the designation or the amount of salary paid are not the effective determinants but only the nature of duties performed by such person is the decisive factor and in fact whether an employee is a workman under the IDA,1947 is an industrial dispute to be resolved finally by means of adjudication only. On the contrary, the other Cadre of employees who are at the rock bottom of not only the organizational pyramid but also in the societal structure needs the State's protection through labor laws in order to ensure social justice.
From India, Salem
After the advent and wide-spread existence of Joint-stock Company form of business entities, ownership slowly got separated from management of such business entities. You will agree that every field of business activity both in terms of size and scales of operation is dominated by MNCs and country-specific large scale corporate enterprises across the globe. Therefore, the managerial Cadre has emerged as a position of confidentiality and independence in matters of decision making and day to day operations on behalf of the organization. Such higher responsibilities of the managerial Cadre employees coupled with their higher degree of employability impliedly enhances their bargaining power in respect of their service conditions under the contract of employment. Therefore, no statutory protection other than the enforcement of their contractual rights through the Indian Contract Act,1872 is necessary when their rights are infringed. The exceptions cited are few and far between.Even in such cases, the mere nomenclature of the designation or the amount of salary paid are not the effective determinants but only the nature of duties performed by such person is the decisive factor and in fact whether an employee is a workman under the IDA,1947 is an industrial dispute to be resolved finally by means of adjudication only. On the contrary, the other Cadre of employees who are at the rock bottom of not only the organizational pyramid but also in the societal structure needs the State's protection through labor laws in order to ensure social justice.
From India, Salem
But Sir, the reality is otherwise in the larger perspective. With the rise in unemployment and taking its undue advantage and indifferent Govt control, employees are the receiving end of suffering and exploitation. I understand from this forum, there are issues in providing appointment letters by companies and if same is provided by some, the clauses and conditions in the appointment letters are biased and one sided most favourable to the employers. This practise is affecting to the larger mass of employees. Hire and fire has been a normal practice now a days. We can see how retrenchment is happening even in big IT giants. Appointment letters issued to candidates are getting recalled overnight after keeping them waited for onboarding for months. I am not sure if they are suitably compensated or not. Many of the candidates who have received AL reject other offers. So, there exist big problems unrecognised.
As per my suggestion, there should be adequate provision in the labour law to provide protection to all the employees irrespective of their hierarchical position. Awareness on basic guidelines regarding rights of employees needs to be generated among the employers to establish harmonious industrial relations. I think the upcoming new labour codes have provisions to cover all the employees.
From India, Mumbai
As per my suggestion, there should be adequate provision in the labour law to provide protection to all the employees irrespective of their hierarchical position. Awareness on basic guidelines regarding rights of employees needs to be generated among the employers to establish harmonious industrial relations. I think the upcoming new labour codes have provisions to cover all the employees.
From India, Mumbai
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