Dear All,
I came across a disciplinary action based on habitual absenteeism. In the midst of this, the union became involved when the employee facing charges responded with a plea to halt the process. Furthermore, the letter stated that if the process was not stopped, it would be submitted for labor reference.
What could be the consequences if the matter is referred to the labor commissioner? Could you shed some light on this matter?
Thank you.
From India, Surat
Acknowledge(0)
Amend(0)
I came across a disciplinary action based on habitual absenteeism. In the midst of this, the union became involved when the employee facing charges responded with a plea to halt the process. Furthermore, the letter stated that if the process was not stopped, it would be submitted for labor reference.
What could be the consequences if the matter is referred to the labor commissioner? Could you shed some light on this matter?
Thank you.
From India, Surat
Acknowledge(0)Amend(0)
Employee has taken a wrong safeguard to protect, and involvement of labor/trade union will damage the image of the employee.
Habitual absence without any valid ground is misconduct under the service rules, and the employee has to reply to the same properly. But involving the trade union will only litigate the issue.
If the management proves that due to absence without notice, they have suffered production and monetary losses, then the labor commissioner may not endorse the employee's habitual absence.
However, the employer should keep in touch with a labor counsel, provide the complete attendance record, and reasons produced by the employee for his knowledge to represent the matter.
Acknowledge(0)Amend(0)
725Habitual absence without any valid ground is misconduct under the service rules, and the employee has to reply to the same properly. But involving the trade union will only litigate the issue.
If the management proves that due to absence without notice, they have suffered production and monetary losses, then the labor commissioner may not endorse the employee's habitual absence.
However, the employer should keep in touch with a labor counsel, provide the complete attendance record, and reasons produced by the employee for his knowledge to represent the matter.
Acknowledge(0)Amend(0)
If such matters are referred to the Labour department officials, nothing is going to happen. The Labour department or the Labour Commissioner is not an authority to deal with such issues, which are purely internal disciplinary matters of the organization. Therefore, let the Union take it to the Labour department. How can the department intervene? Can they say that you should allow absenteeism and other misconduct by employees? Never. Moreover, this is a machinery for the settlement of disputes and this is not a dispute in the first instance but just an idiotic display of muscle power and militancy by the Union. Never allow it. I would say let the Union go to the Labour department, and it is good that you will get a platform to discuss the militancy of the workers.
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
If a matter is referred to the labor commissioner, the labor commissioner will act as a conciliation officer trying to settle the dispute amicably. If the labor commissioner is unable to settle the dispute, he will refer the dispute to the labor court.
The labor court/industrial tribunal only has the power to adjudicate the dispute.
From India, Kolkata
Acknowledge(0)Amend(0)
The labor court/industrial tribunal only has the power to adjudicate the dispute.
From India, Kolkata
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.