Dear sir, One of our union workers was not doing his work properly & loitering with another co-workers, what kind of action to be taken against him.
From India, Pune
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From India, Pune
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Dear Sir,
One of our union workers, whose duty is to clean the shop floor regularly, is instead loitering with co-workers and not working properly. What kind of action should be taken against him as per the factories act?
From India, Pune
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One of our union workers, whose duty is to clean the shop floor regularly, is instead loitering with co-workers and not working properly. What kind of action should be taken against him as per the factories act?
From India, Pune
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Dear Santosh,
Union worker or otherwise, each worker must be at his or her workplace and must complete assigned work. Therefore, action can be taken against the erring employee. However, the question arises: how much time was he loitering? It is not a question of this worker alone. You have written that "loitering with other co-workers." That means a group of workers was loitering. What about their supervisors? Have they made any report to this effect? When did this incident happen? Was it immediately after lunch or a tea break?
With sufficient evidence, the workers can be given a warning. However, legal issues aside, a larger issue from the management science standpoint is the workers' motivation. That is the root cause of the problem. By imposing negative discipline, you may try to correct the behavior of the wayward workers; nevertheless, it may not be a lasting solution. They could relapse.
Thanks,
Dinesh Divekar
From India, Bangalore
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8217Union worker or otherwise, each worker must be at his or her workplace and must complete assigned work. Therefore, action can be taken against the erring employee. However, the question arises: how much time was he loitering? It is not a question of this worker alone. You have written that "loitering with other co-workers." That means a group of workers was loitering. What about their supervisors? Have they made any report to this effect? When did this incident happen? Was it immediately after lunch or a tea break?
With sufficient evidence, the workers can be given a warning. However, legal issues aside, a larger issue from the management science standpoint is the workers' motivation. That is the root cause of the problem. By imposing negative discipline, you may try to correct the behavior of the wayward workers; nevertheless, it may not be a lasting solution. They could relapse.
Thanks,
Dinesh Divekar
From India, Bangalore
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Every employee is required to do his job for which he is paid by the company, and the union office bearers are no exception to this and are equally liable to uphold discipline like any other employee. However, it is not advisable to immediately wield the stick of disciplinary action as the first option to discipline the delinquent worker as it may be counterproductive or boomerang on you. There can be two reasons. One is that the delinquent worker is a union activist. The moment you issue him a show cause notice, he may play the card of victimization by management because he is a union activist, and management is trying to snuff out his activities and make it an industrial relations issue, involving the union and other workers. This may cost your time and energy and may even end up in being alone and defenseless if the management backs out.
Secondly, the issue pertains to the behavior that is not agreeing with the general discipline of the company, and such behavior may be the result of flawed thinking or a conditioned mindset that unless he behaves like that, he will not be accepted as a union leader by the followers (workers). Thus, a coercive action like disciplinary action may bruise his ego, and he may escalate it into an industrial relations issue. Therefore, unless the union is weak and the management is strong enough to deal with an agitation situation (if one arises), a disciplinary action as the first option can be a misadventure. Therefore, it is advisable to follow a reformative approach which consists of calling the union worker for a discussion on the issue and counseling him and telling him that he shall do his job as it might lead to complaints from staff. You need not kneel down on your knees to ask him to do his job. If he does not listen, you can serve him an advisory memo. If he still persists in his unseemly behavior, you can issue a caution letter, and finally, if this does not work, you can issue a show cause notice as a prelude to disciplinary action. Keep a record of all your efforts. You can then tell the other office bearers that you were compelled to resort to disciplinary action by his own defying conduct.
B. Saikumar
From India, Mumbai
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Secondly, the issue pertains to the behavior that is not agreeing with the general discipline of the company, and such behavior may be the result of flawed thinking or a conditioned mindset that unless he behaves like that, he will not be accepted as a union leader by the followers (workers). Thus, a coercive action like disciplinary action may bruise his ego, and he may escalate it into an industrial relations issue. Therefore, unless the union is weak and the management is strong enough to deal with an agitation situation (if one arises), a disciplinary action as the first option can be a misadventure. Therefore, it is advisable to follow a reformative approach which consists of calling the union worker for a discussion on the issue and counseling him and telling him that he shall do his job as it might lead to complaints from staff. You need not kneel down on your knees to ask him to do his job. If he does not listen, you can serve him an advisory memo. If he still persists in his unseemly behavior, you can issue a caution letter, and finally, if this does not work, you can issue a show cause notice as a prelude to disciplinary action. Keep a record of all your efforts. You can then tell the other office bearers that you were compelled to resort to disciplinary action by his own defying conduct.
B. Saikumar
From India, Mumbai
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It is a simple principle that a person is not entitled to his wage or salary unless he performs the tasks assigned to him. All that is done is to operationalize this dictum. The rest of the things take care of themselves.
From India, Kochi
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From India, Kochi
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Hi,
Loitering is a very bad habit that impacts the production process and is also a root cause of major indiscipline, spoiling shop-floor culture. Taking coworkers to accompany is a more harmful act. All workers should be properly assigned, supervised, made accountable for the work assigned, and their supervisors are responsible for ensuring department discipline, manpower control, as per the satisfaction and direction of management. Any such thing noticed that is subversive of discipline should be tactfully handled first at the department level.
On the shop floor, there are very good supervisors who are outperforming, have full control, and apply a pat and prick formula without HR involvement. Please think outside the box practically to redefine your role as HR to locate HODs working on shop floors with empathy/emphasis that they are also managing people in and out. In concert with line managers, you can best resolve issues or take them along with you; together, you will jointly address them.
The answer to your problem is in every line; I hope you agree as well. Nonetheless, any specific problem cannot be addressed as a general issue; it needs resolution based on various touch points, assessments, and strategies.
Regards,
RDS Yadav
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
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Loitering is a very bad habit that impacts the production process and is also a root cause of major indiscipline, spoiling shop-floor culture. Taking coworkers to accompany is a more harmful act. All workers should be properly assigned, supervised, made accountable for the work assigned, and their supervisors are responsible for ensuring department discipline, manpower control, as per the satisfaction and direction of management. Any such thing noticed that is subversive of discipline should be tactfully handled first at the department level.
On the shop floor, there are very good supervisors who are outperforming, have full control, and apply a pat and prick formula without HR involvement. Please think outside the box practically to redefine your role as HR to locate HODs working on shop floors with empathy/emphasis that they are also managing people in and out. In concert with line managers, you can best resolve issues or take them along with you; together, you will jointly address them.
The answer to your problem is in every line; I hope you agree as well. Nonetheless, any specific problem cannot be addressed as a general issue; it needs resolution based on various touch points, assessments, and strategies.
Regards,
RDS Yadav
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
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First, try to see how much damage is done because of the 'misconduct' of the employee and determine the level of 'punishment' you wish to impose. However, punishment (e.g., warning, suspension, withholding of increments, and ultimately termination) should be proportional to the gravity of the offense.
For serious infractions, a charge sheet should be provided to the employee, requesting an explanation. If the response is unsatisfactory, proceed with a domestic inquiry, which requires the appointment of an external inquiry officer, typically a lawyer. Following the conclusion of the inquiry, the officer will submit a report.
Based on the report, you can decide on the appropriate level of punishment. Conducting a domestic inquiry can be costly and time-consuming, but it is necessary when aiming to provide a significant penalty for misconduct.
For more information, please visit my blog - www.labourlawhub.com.
From India, Kolkata
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For serious infractions, a charge sheet should be provided to the employee, requesting an explanation. If the response is unsatisfactory, proceed with a domestic inquiry, which requires the appointment of an external inquiry officer, typically a lawyer. Following the conclusion of the inquiry, the officer will submit a report.
Based on the report, you can decide on the appropriate level of punishment. Conducting a domestic inquiry can be costly and time-consuming, but it is necessary when aiming to provide a significant penalty for misconduct.
For more information, please visit my blog - www.labourlawhub.com.
From India, Kolkata
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If he is a union office bearer, taking any disciplinary action will depend on many other factors such as:
- The union management relationship - is it congenial or confrontive.
- The effect of the punitive action on a union office bearer will have on your work.
If you decide to take disciplinary action, you may be guided by what Riteshmaity has stated.
bgramesh, Hosur
From India, Vellore
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- The union management relationship - is it congenial or confrontive.
- The effect of the punitive action on a union office bearer will have on your work.
If you decide to take disciplinary action, you may be guided by what Riteshmaity has stated.
bgramesh, Hosur
From India, Vellore
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc