Dear Seniors,
I have two queries......... (My organisation is a manufacturing unit and has a Registered Trade Union of regular workers).
(A) Is Union Leader excuses from work in organisation? In our organisation all the office bearers including secretary and president of union work in the general shift. But, all the time the secretary and president simply roams here and there without doing their allotted work. Also, they are not ready to do their union activities during off time. In our general shift the shift start at morning 6 a.m. to 9 a.m. - 9.30 a.m. to 11.00 a.m. and again from 2.00 p.m. to 5.00 p.m. So, they get a long break which is from 11.00 a.m. to 2.00 p.m. but, no intention to do the union activities during that time. Is there any rules to imposed on them to do their daily allotted work in the organisation.
AND
(B) Its came to know that newly they have (union president & secretary) amended their bye-law by their own and put a provision that if they will not elected this time in the election which will be held on June'2015, then they will automatically get the position of their executive office bearer among 7 (seven) active members. Is it possible or can they amend their bye-law in this way? Please share your valuable views on these two queries. Thanks.
From India, Delhi
1I have two queries......... (My organisation is a manufacturing unit and has a Registered Trade Union of regular workers).
(A) Is Union Leader excuses from work in organisation? In our organisation all the office bearers including secretary and president of union work in the general shift. But, all the time the secretary and president simply roams here and there without doing their allotted work. Also, they are not ready to do their union activities during off time. In our general shift the shift start at morning 6 a.m. to 9 a.m. - 9.30 a.m. to 11.00 a.m. and again from 2.00 p.m. to 5.00 p.m. So, they get a long break which is from 11.00 a.m. to 2.00 p.m. but, no intention to do the union activities during that time. Is there any rules to imposed on them to do their daily allotted work in the organisation.
AND
(B) Its came to know that newly they have (union president & secretary) amended their bye-law by their own and put a provision that if they will not elected this time in the election which will be held on June'2015, then they will automatically get the position of their executive office bearer among 7 (seven) active members. Is it possible or can they amend their bye-law in this way? Please share your valuable views on these two queries. Thanks.
From India, Delhi
Dear M.Guna
1. There is no any such provision of exemption for Union Leader. Union leader, who is worker/operator has to perform regular duties allotted to them. During duty time they are not authorize for any union activity. After duty time they may perform union activity. that should be after obtaining permission from employer. You can take disciplinary action on any union leader who is not performing his allotted duty.
2. Amendment in by laws & election of union office bearer is their own issue. They may change depending on their own convenience & for which they will have to obtain consent of majority of member.
Regards
SDP
From India, Kolhapur
1. There is no any such provision of exemption for Union Leader. Union leader, who is worker/operator has to perform regular duties allotted to them. During duty time they are not authorize for any union activity. After duty time they may perform union activity. that should be after obtaining permission from employer. You can take disciplinary action on any union leader who is not performing his allotted duty.
2. Amendment in by laws & election of union office bearer is their own issue. They may change depending on their own convenience & for which they will have to obtain consent of majority of member.
Regards
SDP
From India, Kolhapur
Dear Patil Sir,
Thank you very much for your valuable suggestion. I got an clear picture after reading your views. Sir, is it somewhere mentioned in Trade Union Act 1926, as they abide to do their allotted duty and can do the union activity after duty time only? If available, please share the path.
Thanks & Regards.
From India, Delhi
Thank you very much for your valuable suggestion. I got an clear picture after reading your views. Sir, is it somewhere mentioned in Trade Union Act 1926, as they abide to do their allotted duty and can do the union activity after duty time only? If available, please share the path.
Thanks & Regards.
From India, Delhi
Once again Thanks to Mr. Patil Sir. If anybody wants to share their views on my above queries they are very much welcome. I believe it will be quite helpful to any management of any organisation who deals with workers union in day-to-day business. So, please share your comment.
Thanks & Regards.
From India, Delhi
Thanks & Regards.
From India, Delhi
M. Guna - Irrespective of union affiliation, the SC of India has upheld that employees need to attend to their work. The process is laid out in the Industrial Act.
From India, Mumbai
From India, Mumbai
Dear Friend
There is no exemption to given to office bearers of the union to roam in the factory by leaving their respective working places. The union activities could not be conducted within the premises of company. The are supposed to convene meeting with their members or workmen who are affiliated to their union etc at the outside of factory as and when they wish to do so.
With regard to second point concerned, management need not worry about it as it is purely internal matter of union as desired by union they can change their bylaws provided they should not be in consistent with the provisions of Trade union act and rules made there under. if union president or secretary use to leave their respective place of work, you should counsel them not to do so in such way they could not take into different view. Generally, in any organisation, management will give some relaxations to such persons to maintain cordial relations with union. If does not mean to tolerate insubordination or negligence or arrogance on part of these office berarers
Regards
From India, Hyderabad
There is no exemption to given to office bearers of the union to roam in the factory by leaving their respective working places. The union activities could not be conducted within the premises of company. The are supposed to convene meeting with their members or workmen who are affiliated to their union etc at the outside of factory as and when they wish to do so.
With regard to second point concerned, management need not worry about it as it is purely internal matter of union as desired by union they can change their bylaws provided they should not be in consistent with the provisions of Trade union act and rules made there under. if union president or secretary use to leave their respective place of work, you should counsel them not to do so in such way they could not take into different view. Generally, in any organisation, management will give some relaxations to such persons to maintain cordial relations with union. If does not mean to tolerate insubordination or negligence or arrogance on part of these office berarers
Regards
From India, Hyderabad
Dear Mr.Guna,
Your query has been well answered by our learning member Mr. N.V.Rao. I too on the same opinion. You can follow the same and need not to worry for the amendment of bye laws of your trade unions. No office bearers of the union are not exempted from their regular works and devote their time to the union activities unless there is a urgent matter that too with the permission of the Management.
If your workers/office bearers are violating this you have the right to initiate the disciplinary action against such worker.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Your query has been well answered by our learning member Mr. N.V.Rao. I too on the same opinion. You can follow the same and need not to worry for the amendment of bye laws of your trade unions. No office bearers of the union are not exempted from their regular works and devote their time to the union activities unless there is a urgent matter that too with the permission of the Management.
If your workers/office bearers are violating this you have the right to initiate the disciplinary action against such worker.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
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