Dear Sir, We have around 40 contract labour. Now, they are trying to make a union. Out of this activity, one contract labor is playing a vital role.
Now, the company thinks that to terminate him but without any effect to the company and the company's environment because he is Key person of the production line.
My question is that how can we terminate him so that the company's environment maintain healthy & harmonious and also without suffering the production?
From India, Ahmadabad
4Now, the company thinks that to terminate him but without any effect to the company and the company's environment because he is Key person of the production line.
My question is that how can we terminate him so that the company's environment maintain healthy & harmonious and also without suffering the production?
From India, Ahmadabad
Dear Parimal,
First you have to check his local contacts with the other unions. Then you will check personally his image in other workers, why others employees are listing him in company? After that you can issue the simpal show casue notice with any resaon like Late coming / Found sleeping / Wrong prodution / Bad Behaviour / No team work. But before issue the such kind of notice to hime, take the confidance of mangement/MD only.
Regards,
Naveen Chahar
From India, Gurgaon
First you have to check his local contacts with the other unions. Then you will check personally his image in other workers, why others employees are listing him in company? After that you can issue the simpal show casue notice with any resaon like Late coming / Found sleeping / Wrong prodution / Bad Behaviour / No team work. But before issue the such kind of notice to hime, take the confidance of mangement/MD only.
Regards,
Naveen Chahar
From India, Gurgaon
Dear Parimal, I can simply say, when a company/business entity makes some worker indispensable for the organisation, the organisation simply becomes captive and handicapped.
From India, Delhi
From India, Delhi
Forming an union is not illegal neither an offence in any court of law , they have every right to form a union. As far as removing the said worker is concerned you should ideally do not get engaged in any fasification as such it will be construed in the court as an unfair labour practice and the matter will get entangled.
From India, Rohtak
From India, Rohtak
NAVEEN CHAHAR
before advising anything please go as humanity
Do you know anything situation there
how many hours working contract labourers
what are the facilities providing the contractor
contractors are paying minimum wages or not
what are problems there workers
how to u guide to issue a show casuse notice like Late coming / Found sleeping / Wrong prodution / Bad Behaviour / No team work.
Forming an union is not illegal neither an offence in any court of law
the cite form formed for everyone to get justice pls do that
From India, Hyderabad
before advising anything please go as humanity
Do you know anything situation there
how many hours working contract labourers
what are the facilities providing the contractor
contractors are paying minimum wages or not
what are problems there workers
how to u guide to issue a show casuse notice like Late coming / Found sleeping / Wrong prodution / Bad Behaviour / No team work.
Forming an union is not illegal neither an offence in any court of law
the cite form formed for everyone to get justice pls do that
From India, Hyderabad
Dear parimal,
If the contract labour is working under the registerd contractor , you should not issue any Show cause notice/ termination/retrenchment to him.
If you issued notice to him, he will be direct employee of you.You are yourself entangled with legal problem. Show cause notice or termination/retrenchment notice itself speaks about you are engaging him as a direct employee.It will be created as "employer-employee" relation ship.It is not a Principle employer-contractor-contract labour relationship.
If the contractor is registered, you direct the contractor and issue a notice through him.You should not involve directly on written communication.
Pl clarify whether contractor is registerd or unregistered or issue the salary by you or contractor.
Based on that i will reply on this.
Rds
D Pannerselvam
9842219133
From India, Mumbai
If the contract labour is working under the registerd contractor , you should not issue any Show cause notice/ termination/retrenchment to him.
If you issued notice to him, he will be direct employee of you.You are yourself entangled with legal problem. Show cause notice or termination/retrenchment notice itself speaks about you are engaging him as a direct employee.It will be created as "employer-employee" relation ship.It is not a Principle employer-contractor-contract labour relationship.
If the contractor is registered, you direct the contractor and issue a notice through him.You should not involve directly on written communication.
Pl clarify whether contractor is registerd or unregistered or issue the salary by you or contractor.
Based on that i will reply on this.
Rds
D Pannerselvam
9842219133
From India, Mumbai
Mr. Pannerselvam is right. In this case the immediate employer is the contractor and you are only the ultimate employer. If at all you want to get rid of him you can not do it directly. As per the ID Act any kind of termination other than Superannuation, Voluntary retirement and dismissal from service under the disciplinary grounds amounts to retrenchment which can be done only with the prior permission from the state government if the factory deploys 100 or more workmen. Then you have to pay retrencehment compensation at the rate of 15 days for every completed year of service. It is not clear as to how many wormmen are deployed in your factory.
To escape from the provisions of retrenchment he can be removed by way of disciplinary grounds. But it is to be initiated by the immediate employer i.e the contractor.And he has to follow the complete process of the disciplinary proceedings such as issue of charge sheet, enquiry, issue of second show cause notice etc. But remember that a workman can not be dismissed on simple grounds.
D. Phani Kumar
DGM- HR
Vasavadatta Cement
(B.K. Birla Group of Companies)
Sedam, Gulbarga Dist. Karnataka.
To escape from the provisions of retrenchment he can be removed by way of disciplinary grounds. But it is to be initiated by the immediate employer i.e the contractor.And he has to follow the complete process of the disciplinary proceedings such as issue of charge sheet, enquiry, issue of second show cause notice etc. But remember that a workman can not be dismissed on simple grounds.
D. Phani Kumar
DGM- HR
Vasavadatta Cement
(B.K. Birla Group of Companies)
Sedam, Gulbarga Dist. Karnataka.
Formation of Union is neither a sin nor a criminal act. Let them form and deal with it That is the right thing to do
Pri ncipal employer can not and shall not initiate action on a Contract worker He can intimate the Contractor who in turn should act
Sivasankaran
From India, Chennai
Pri ncipal employer can not and shall not initiate action on a Contract worker He can intimate the Contractor who in turn should act
Sivasankaran
From India, Chennai
Formation of a Labor Union is not an offence rather a legal right of every worker.
If a union works in a positive and democratic manner, i would say its a boon for any organization.
As far as removal of a workers through a contractor is concerned, you can not take direct action against them, let the contractor to take such steps.
regards,
Kamal
From India, Pune
If a union works in a positive and democratic manner, i would say its a boon for any organization.
As far as removal of a workers through a contractor is concerned, you can not take direct action against them, let the contractor to take such steps.
regards,
Kamal
From India, Pune
I live in a very different place: Madison, Wisconsin, USA.
Maybe my opinions and observations do not apply.
70 years ago, my father was instrumental in forming a union in a factory. At the time it was ugly; beatings, firing, hatred.
Over the years the union prevailed and things settled down.
30 years later the owners came to my father and thanked him for creating the union. The union helped stabilize the work force, helped team building and moral. Negotiating contracts with one consistent entity increased productivity and profits.
If you are a good employer, you will have a good union.
If you are a bad employer, you will have a bad union.
Good Luck.
From United States, Verona
Maybe my opinions and observations do not apply.
70 years ago, my father was instrumental in forming a union in a factory. At the time it was ugly; beatings, firing, hatred.
Over the years the union prevailed and things settled down.
30 years later the owners came to my father and thanked him for creating the union. The union helped stabilize the work force, helped team building and moral. Negotiating contracts with one consistent entity increased productivity and profits.
If you are a good employer, you will have a good union.
If you are a bad employer, you will have a bad union.
Good Luck.
From United States, Verona
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
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