I am working in Hotel Industry & hotel have an illegal union, which is not registered in name our organization, but same union is registered with the local town union. Hotel illegal union members getting salary >15000/-month & union leader getting >30000/month.
Same union members unnecessarily create a problem against management at the time yearly increment & during other occasion. They whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime because it is our right.
In previous years all are taking advantage of mob and put down management on the toe.
Kindly advice in this matter, how to avoid this situation and what suitable action should be taken to break the illegal union and also to avoid a mob situation because they again and again creating same situation to fulfill his demand.
Kindly review & give suitable advice
From India, Haldwani
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33Same union members unnecessarily create a problem against management at the time yearly increment & during other occasion. They whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime because it is our right.
In previous years all are taking advantage of mob and put down management on the toe.
Kindly advice in this matter, how to avoid this situation and what suitable action should be taken to break the illegal union and also to avoid a mob situation because they again and again creating same situation to fulfill his demand.
Kindly review & give suitable advice
From India, Haldwani
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Under Section 2(ra) read along with the Fifth Schedule, any Employee or Their Trade Union cannot advise, actively support, or instigate any strike deemed illegal under the Industrial Dispute Act. This will include coercing other workmen or threatening them to join a strike. Also, if a trade union does not bargain collectively in good faith, it is considered an unfair labor practice. It is specifically mentioned that "Gherao" at the workplace will amount to illegal confinement and will be subject to the IPC and ID Act.
Under Section 25 T and 25 U, any person committing unfair labor practices is punishable with 6 months in jail and a $1000 fine. Therefore, take your recourse under the Industrial Dispute Act.
For Trade Union powers and duties, refer to [Trade Union Laws, Registration, Returns & Procedure](http://tradeunionindia.blogspot.in).
From India, Kolkata
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Under Section 25 T and 25 U, any person committing unfair labor practices is punishable with 6 months in jail and a $1000 fine. Therefore, take your recourse under the Industrial Dispute Act.
For Trade Union powers and duties, refer to [Trade Union Laws, Registration, Returns & Procedure](http://tradeunionindia.blogspot.in).
From India, Kolkata
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Dear Vishal,
To me, the post indicates your frustration arising out of poor handling of employee relations. Particularly, your observations about the illegality of the union of employees and their wage scales in this context are quite unfortunate insofar as your role as an HR specialist.
In the first place, no union will be an illegal entity just because it is unregistered, and its name clause does not indicate the name of the industrial establishment in which its members are employed. Besides, a general workers' union has the locus standi to represent the members/employees of the industry falling within its territorial jurisdiction.
Secondly, scales of wages/salary cannot be the sole index to measure employee satisfaction in an organization. If it were so, episodes like the Maruti-Suzuki unrest would not have happened at all.
Thirdly, your narration about the vociferous behavior of your employees during crucial business seasons to intimidate the management for an annual increment and the management's yielding at the last moment is indicative of the poor handling of industrial relations by the HR.
Finally, you should not forget the adage that there is no smoke without fire. People come to paid employment not only to eke out a living but also to gain social identity and status. In the process, they seek humane treatment from the employers at prevailing social standards. If it is readily available and unasked for, no employee would seek to be represented by a third party. Workplace dissatisfaction and rude employee behavior can be due to various reasons such as understaffing, very loose or tight supervision and control, inadequate or improper grievance handling. So, try to have a dispassionate assessment of the existing conditions of employment. Try to establish effective two-way communication with your employees. Without the spontaneous cooperation of the employees, no industry, particularly the hospitality industry like yours, can prosper in the long run.
From India, Salem
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To me, the post indicates your frustration arising out of poor handling of employee relations. Particularly, your observations about the illegality of the union of employees and their wage scales in this context are quite unfortunate insofar as your role as an HR specialist.
In the first place, no union will be an illegal entity just because it is unregistered, and its name clause does not indicate the name of the industrial establishment in which its members are employed. Besides, a general workers' union has the locus standi to represent the members/employees of the industry falling within its territorial jurisdiction.
Secondly, scales of wages/salary cannot be the sole index to measure employee satisfaction in an organization. If it were so, episodes like the Maruti-Suzuki unrest would not have happened at all.
Thirdly, your narration about the vociferous behavior of your employees during crucial business seasons to intimidate the management for an annual increment and the management's yielding at the last moment is indicative of the poor handling of industrial relations by the HR.
Finally, you should not forget the adage that there is no smoke without fire. People come to paid employment not only to eke out a living but also to gain social identity and status. In the process, they seek humane treatment from the employers at prevailing social standards. If it is readily available and unasked for, no employee would seek to be represented by a third party. Workplace dissatisfaction and rude employee behavior can be due to various reasons such as understaffing, very loose or tight supervision and control, inadequate or improper grievance handling. So, try to have a dispassionate assessment of the existing conditions of employment. Try to establish effective two-way communication with your employees. Without the spontaneous cooperation of the employees, no industry, particularly the hospitality industry like yours, can prosper in the long run.
From India, Salem
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Dear All,
Please help me with this matter. An employee is deployed in a manufacturing company by a consultancy as a temporary staff, and his salary will be credited by the same consultancy. After 3 years, he receives a company appointment, and the appointment day will be Monday.
Now, my question is: for the employee who receives the salary from the consultancy, will it be paid till Saturday or Sunday (which is his weekly off day)?
Thank you in advance.
Regards,
Tasmiya
From India, Bangalore
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Please help me with this matter. An employee is deployed in a manufacturing company by a consultancy as a temporary staff, and his salary will be credited by the same consultancy. After 3 years, he receives a company appointment, and the appointment day will be Monday.
Now, my question is: for the employee who receives the salary from the consultancy, will it be paid till Saturday or Sunday (which is his weekly off day)?
Thank you in advance.
Regards,
Tasmiya
From India, Bangalore
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Dear Tasmiya,
I hope that you will agree with me that the term "weekly off" refers to the seventh day (of rest) following six days of work. Therefore, generally, termination of employment immediately after the day of the weekly off cannot disentitle payment of salary for that day. Particularly in your case, since the day of appointment and the day of joining are the same, i.e., Monday, you have to pay for the last spell of employment through the consultancy, including the previous day of the weekly off.
From India, Salem
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I hope that you will agree with me that the term "weekly off" refers to the seventh day (of rest) following six days of work. Therefore, generally, termination of employment immediately after the day of the weekly off cannot disentitle payment of salary for that day. Particularly in your case, since the day of appointment and the day of joining are the same, i.e., Monday, you have to pay for the last spell of employment through the consultancy, including the previous day of the weekly off.
From India, Salem
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Dear Vishal,
It is withing your right to call any association as illegal as long as you don't recognize it. Further according to you that "they take advantage of mob and put down management on the toe". You have right to approach the Police if a mob intimidate you and management. You can also approach the Civil court against such mob agitating or disturbing you or your clients movements. Further according to you ''whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime''. You and your management is not tough in disallowing trespass and you are not initiated any action till now and your weakness is mob strength. Under stand your rights and ensure your rights are not taken away by any one. You need to look into how you manage your workforce, training other inputs collecting systems if you want to fight a mob or else you know the result if not handled properly.
Vivian Chandrasehkar
Advocate and Management consultant
Ph: 9916138191
From India, Bangalore
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It is withing your right to call any association as illegal as long as you don't recognize it. Further according to you that "they take advantage of mob and put down management on the toe". You have right to approach the Police if a mob intimidate you and management. You can also approach the Civil court against such mob agitating or disturbing you or your clients movements. Further according to you ''whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime''. You and your management is not tough in disallowing trespass and you are not initiated any action till now and your weakness is mob strength. Under stand your rights and ensure your rights are not taken away by any one. You need to look into how you manage your workforce, training other inputs collecting systems if you want to fight a mob or else you know the result if not handled properly.
Vivian Chandrasehkar
Advocate and Management consultant
Ph: 9916138191
From India, Bangalore
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