Dear Sir,
I am working as a non-managerial staff in a well-known organization in Kerala. There is a chance for promotion this year, and I will be promoted to the managerial category. I am also holding a position as a secretary in an internal trade union. Currently, I am receiving all the legal protection as a workman. Will I receive the same protection after the promotion? If not, what can I do? Please reply.
Thank you.
From India, Poona
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I am working as a non-managerial staff in a well-known organization in Kerala. There is a chance for promotion this year, and I will be promoted to the managerial category. I am also holding a position as a secretary in an internal trade union. Currently, I am receiving all the legal protection as a workman. Will I receive the same protection after the promotion? If not, what can I do? Please reply.
Thank you.
From India, Poona
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No protection for managerial staff please. Because managers are supposed to be capable of protecting themselves. Status of protected workman is available to a workman only as per ID Act section 33.
From India, Bangalore
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24From India, Bangalore
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Okay, thanks for your advice. But if my union is powerful enough to protect any of its office bearers from management action without the help of any authorities, can we do the same in that way? I mean strike or something?
From India, Poona
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From India, Poona
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Dear Sunny,
Congratulations on your promotion! However, I regret to inform you that you will no longer enjoy all the privileges of a union member and will lose your position as the union secretary due to your new role as a manager in the company. You have transitioned from the labor side to the management side.
Regards.
From Philippines, Davao City
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Congratulations on your promotion! However, I regret to inform you that you will no longer enjoy all the privileges of a union member and will lose your position as the union secretary due to your new role as a manager in the company. You have transitioned from the labor side to the management side.
Regards.
From Philippines, Davao City
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Thanks, Bro,
Thank you for your valuable advice. This is not about the privileges of holding the post of union secretary. I want to know the pros and cons of this promotion. That's all. Anyway, there are just two choices in front of me:
1) Hand over the union responsibility to the next person.
2) Make a bold decision that I don't need a promotion.
For my personal gain, the first option is good. To continue with union responsibilities, I need to sacrifice my personal gain. Am I correct?
From India, Poona
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Thank you for your valuable advice. This is not about the privileges of holding the post of union secretary. I want to know the pros and cons of this promotion. That's all. Anyway, there are just two choices in front of me:
1) Hand over the union responsibility to the next person.
2) Make a bold decision that I don't need a promotion.
For my personal gain, the first option is good. To continue with union responsibilities, I need to sacrifice my personal gain. Am I correct?
From India, Poona
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Subject: Re: Union Office Bearer - Legal Protection During Promotion to Managerial Category
By selecting option No. 1, you are refusing the opportunity of promotion. Promotion means a better pay package, better status, and further chances for progress which you are refusing. You want to stay with Union protection, which is wrong. Suppose in the year 2014, your company, for certain reasons, decided to retrench (I assume that your company does not require permission for retrenchment) 25% of workers, and you are one of them. Being the Union secretary, you do not have special individual protection that will save you from retrenchment. I think you have developed the fear of employment and hence are opting for the above option. Any person who has vision will definitely accept the challenge of promotion. Everyone has to face the risk factor in his life. Don't you want this?
SDP
From India, Kolhapur
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By selecting option No. 1, you are refusing the opportunity of promotion. Promotion means a better pay package, better status, and further chances for progress which you are refusing. You want to stay with Union protection, which is wrong. Suppose in the year 2014, your company, for certain reasons, decided to retrench (I assume that your company does not require permission for retrenchment) 25% of workers, and you are one of them. Being the Union secretary, you do not have special individual protection that will save you from retrenchment. I think you have developed the fear of employment and hence are opting for the above option. Any person who has vision will definitely accept the challenge of promotion. Everyone has to face the risk factor in his life. Don't you want this?
SDP
From India, Kolhapur
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Subject: Re: Union Office Bearer - Legal Protection During Promotion to Managerial Category
Dear S. Pallan,
Please treat my earlier post by selecting option No. 2, which is to "Take a bold decision that I do not need a promotion."
Regards,
SDP
From India, Kolhapur
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Dear S. Pallan,
Please treat my earlier post by selecting option No. 2, which is to "Take a bold decision that I do not need a promotion."
Regards,
SDP
From India, Kolhapur
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Hello,
Basically, the "workman" in labor law is defined protection against the loss of a job.
However, the cost that one pays for this "job security" is in the form of limited personal and professional growth.
As an individual, you can only grow to the extent your talents and training will take you and the opportunities that you encounter.
Hoping to benefit from promotional opportunities while still enjoying the protection of the law or the Union is akin to wishing for the "best of both worlds," which is unrealistic in the real world of work.
Ultimately, it is a decision that one must make for oneself. Others can only offer advice based on their perspectives.
It is unrealistic to expect unlimited growth opportunities to come your way while simultaneously insulating yourself from job loss, especially through union connections.
Such a mindset is dishonest and unsustainable.
While technically possible, remaining a union member after entering managerial ranks (especially in socialist countries like India) is feasible, but it may not be favorable with the management.
If your status changes from a "workman" under labor law, you may lose legal protection and have to rely solely on the coercive power of the Union, which may not be reliable in the face of corporate opposition.
Therefore, it is essential to consider whether you are willing to take the risk of pursuing personal growth independently without the perceived safety net of union membership.
Reevaluate your position and make a decision based on integrity and honesty rather than dependency.
If you disagree with this advice, feel free to disregard it.
Good luck.
Regards,
Samvedan
December 8, 2013
[QUOTE=Sunny Pallan;2110486]Dear Sir,
I am currently working as a non-managerial staff in a well-known organization in Kerala. There is a possibility of promotion this year, which would elevate me to a managerial position. Additionally, I hold the position of secretary in an internal trade union. Currently, I benefit from all the legal protections afforded to a worker.
Will I retain the same level of protection after the promotion? If not, what steps can I take? Please advise.
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
Handle Line Breaks:
Ensure there is a single line break between paragraphs. If there are multiple line breaks, reduce them to one.
If the user starts with “Hi, ” followed by a line feed, remove that line feed to ensure the first line does not appear blank.
Preserve the Meaning: While correcting the grammar and spelling, make sure the original meaning and tone of the message remain unchanged.
From India, Pune
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Basically, the "workman" in labor law is defined protection against the loss of a job.
However, the cost that one pays for this "job security" is in the form of limited personal and professional growth.
As an individual, you can only grow to the extent your talents and training will take you and the opportunities that you encounter.
Hoping to benefit from promotional opportunities while still enjoying the protection of the law or the Union is akin to wishing for the "best of both worlds," which is unrealistic in the real world of work.
Ultimately, it is a decision that one must make for oneself. Others can only offer advice based on their perspectives.
It is unrealistic to expect unlimited growth opportunities to come your way while simultaneously insulating yourself from job loss, especially through union connections.
Such a mindset is dishonest and unsustainable.
While technically possible, remaining a union member after entering managerial ranks (especially in socialist countries like India) is feasible, but it may not be favorable with the management.
If your status changes from a "workman" under labor law, you may lose legal protection and have to rely solely on the coercive power of the Union, which may not be reliable in the face of corporate opposition.
Therefore, it is essential to consider whether you are willing to take the risk of pursuing personal growth independently without the perceived safety net of union membership.
Reevaluate your position and make a decision based on integrity and honesty rather than dependency.
If you disagree with this advice, feel free to disregard it.
Good luck.
Regards,
Samvedan
December 8, 2013
[QUOTE=Sunny Pallan;2110486]Dear Sir,
I am currently working as a non-managerial staff in a well-known organization in Kerala. There is a possibility of promotion this year, which would elevate me to a managerial position. Additionally, I hold the position of secretary in an internal trade union. Currently, I benefit from all the legal protections afforded to a worker.
Will I retain the same level of protection after the promotion? If not, what steps can I take? Please advise.
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
Handle Line Breaks:
Ensure there is a single line break between paragraphs. If there are multiple line breaks, reduce them to one.
If the user starts with “Hi, ” followed by a line feed, remove that line feed to ensure the first line does not appear blank.
Preserve the Meaning: While correcting the grammar and spelling, make sure the original meaning and tone of the message remain unchanged.
From India, Pune
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Please refer to this post, made earlier on the subject, by one of our senior member and HR expert, Sh. T.K. Madhu :
Madhu.T.K
attribution https://www.citehr.com/398360-trade-...#ixzz2mu0MuDqx
Warm regards.
From India, Delhi
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" Normally a trade union is said to be a union or association of similar kind of employees or employees having a similar bargaining goal. There is nothing in the Trade Union Act which prevents a Managerial staff member to join a trade union. The Trade Union Act has defined workman as any person employed and it does not have any relation with the definition of workman as given in the Industrial Disputes Act. Therefore, any employee is free to join a trade union. But since a union is an association of employees of related interests, if a manager joins a trade union formed for the benefit of workers, his interests or demands will not be discussed in a meeting of the workers. Moreover, a manager will not get the protections offered in the ID Act which are available to workmen. As such by joining a trade union a manager is inviting problems like negative remarks in performance appraisal and subsequent disciplinary action as it is found fit by the top management rather than strengthening his demands. Being a manager, he will not get any protection under the ID Act or the certified Standing Orders of the company, if available and his conditions of service will be decided on the basis of his contract of employment with the employer. Therefore, if the management decides that his services shall be terminated after giving due notice, it will be maintainable. However, it should be remembered that he should be a manager in all respect with supervisory or managerial powers and should not be confined to a mere designation.Regards,
Courts have held that managers can form trade unions. In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act. "
Madhu.T.K
attribution https://www.citehr.com/398360-trade-...#ixzz2mu0MuDqx
Warm regards.
From India, Delhi
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Dear SDP,
Your 2nd posting was different from the first and too short. Can you provide more details when you have time, please? I am trying to make a decision.
Dear Samved,
Thank you. I know I can't put my legs in two boats. I need to choose one, but I am still confused. Being a union secretary, there were many circumstances where management and I were in tight conflict. I am concerned that after the promotion, they will treat me very badly.
From India, Poona
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Your 2nd posting was different from the first and too short. Can you provide more details when you have time, please? I am trying to make a decision.
Dear Samved,
Thank you. I know I can't put my legs in two boats. I need to choose one, but I am still confused. Being a union secretary, there were many circumstances where management and I were in tight conflict. I am concerned that after the promotion, they will treat me very badly.
From India, Poona
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