I saw a clause in a company’s appointment letter stating.."The employee should NOT join in any society or labour union etc" Is this clause legal and valid in India ?
From India, Madras
From India, Madras
Dear, i haven't heard such legal implications but if stated in app. letter & duly signed by employee, then it is accepted. but acc. to me it is not valid it is void. Pls ask seniors!! Regards Vipin:icon1::icon1:
From India, New Delhi
32From India, New Delhi
Hi Shanthi, Making the Labour Union is the rights of workers. As per the The Trade Union Act. Minimum 7 person is required for the making the Labour Union. So, as per my knowledge any employer can not restricted to any worker to making the labour union legally , I think this is not the legal way to restricted to anybody. but, In now days, no any employer want to allow to do the any labour union for their convenience. For restriction of that, there are different ways, Which as out of laws. Regards,
From India, Mumbai
From India, Mumbai
Tushar So it means all of the big companies who put this clause of NOT making the employees form a labour union is illegal? I even saw the same clause in a very big software company's appointment order !! Shanthi
From India, Madras
From India, Madras
dear this clause does not have any legal value.freedom of association is your right and no one can stop you to do so .this is the first time i am hearing from you that this clause is given in appointment letter. only defence forces personnel are not allowed to form any union .tks j s malik
From India, Delhi
From India, Delhi
Dear, This comes under unfair labour practices, this can not be part of appointment letter. Throug various activities they can restrict indirectly but not in this mode. Thanks and regards - kameswarao
From India, Hyderabad
From India, Hyderabad
Thanks for all the excellent answers. Yes I saw that as one of the clauses in a BIG IT firms, appointment letter. believe it ! But if as you say so, it is the legal right to form associations, How come INFOSYS, TCS, WIPRO and other companies manage to keep their employees from not joining a labour union? How was that possible ? Shanthi
From India, Madras
From India, Madras
These big companies do not have employees who have time or interest in labour unions. Its only the labour class employees who go to these unions and seek redressal from them, otherwise no one wants to get into all this. In case someone is really really troubled, he / she generally goes to the Labour Court Thanks
From India, Faridabad
From India, Faridabad
Sumit I'm not sure whether I can agree with you. See the highly paid and highly educated Government of India Petroleum officiers (Salary About Rs 1 lakh per month) too have unions amongst themselves. I'm really sure there is more to it, the companies must use some other tactics, otherwise I simple can't believe that there is not even a single union amongst 1000s of software employees.. Shanthi
From India, Madras
From India, Madras
Shanthi, There is a major difference in the Private sector and the public sector. I am saying this because I have myself worked in some of the biggest companies. There is no such tactics as such. These organizations instead have a better employee relations department. Therefore the questin of unions in public sector does not really come. Though I agree with Mr. Malik that creating a union is a right of every employee. Thanks
From India, Faridabad
From India, Faridabad
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Non-compete clause in service contracts.pdf
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