Dear Leaders,
Please guide us in a genuine way on how to handle the below situation.
We are a manufacturing organization in Maharashtra. Our plant is in a rural area, Zone III. Due to the nationwide lockdown, many of our workers and supervisors went back to their hometowns. From 31st May, as partial manufacturing operations resumed with 30% of employees, we sent out emails instructing our employees to return to work from 15th June.
Some employees provided a timeline for their return and stayed in continuous communication with us. We paid their salaries, and they resumed duty by mid-July, considering the transportation feasibility based on their location.
However, there are still 12-15 employees who have not reported back to work. They have been unresponsive to emails, messages, and calls from HR and HOD, leading us to withhold their salaries.
Today, a local union (Name confidential) visited our office, claiming that these employees have approached them to form a union and have accused the employer of termination.
Despite presenting all call logs, messages, and emails to the union body to demonstrate the employees' lack of attendance, the local union is pressuring us to allow union formation, citing the employees' active status within the organization. They are also persuading internal employees to sign union forms.
Please advise on how to proceed in this situation.
We have all the necessary evidence to show that these employees failed to report to work, necessitating their replacement and the issuance of termination letters as per the terms outlined in the appointment letter. The company must continue its operations, and we waited until July before considering termination. However, the union rejects the termination letters along with settlements.
We are an MSME with 225 staff, all falling under the supervisor category.
Thank you for your guidance.
From India, Mumbai
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20Please guide us in a genuine way on how to handle the below situation.
We are a manufacturing organization in Maharashtra. Our plant is in a rural area, Zone III. Due to the nationwide lockdown, many of our workers and supervisors went back to their hometowns. From 31st May, as partial manufacturing operations resumed with 30% of employees, we sent out emails instructing our employees to return to work from 15th June.
Some employees provided a timeline for their return and stayed in continuous communication with us. We paid their salaries, and they resumed duty by mid-July, considering the transportation feasibility based on their location.
However, there are still 12-15 employees who have not reported back to work. They have been unresponsive to emails, messages, and calls from HR and HOD, leading us to withhold their salaries.
Today, a local union (Name confidential) visited our office, claiming that these employees have approached them to form a union and have accused the employer of termination.
Despite presenting all call logs, messages, and emails to the union body to demonstrate the employees' lack of attendance, the local union is pressuring us to allow union formation, citing the employees' active status within the organization. They are also persuading internal employees to sign union forms.
Please advise on how to proceed in this situation.
We have all the necessary evidence to show that these employees failed to report to work, necessitating their replacement and the issuance of termination letters as per the terms outlined in the appointment letter. The company must continue its operations, and we waited until July before considering termination. However, the union rejects the termination letters along with settlements.
We are an MSME with 225 staff, all falling under the supervisor category.
Thank you for your guidance.
From India, Mumbai
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Dear member,
I understand the situation you are in. Dealing with hostile labour unions is no easy task.
On the one hand, the union government is interested in promoting "ease of doing business" and on the other side, the factory owners face this kind of situation.
Nevertheless, the city of Mumbai is not new labour union militancy. Today's unions are carrying the legacy of Datta Samant. Because of this misplaced aggressiveness by the labour unions, a lot of factories were either closed or moved to other states. The state of Maharashtra has paid a heavy price for the parochialism by the labour unions.
Each labour union is affiliated with some political party. The labour unions cannot muster the courage without patronage by a political party. Therefore, explore the possibility of taking the labour union into confidence. In the meanwhile, as a temporary measure, try filling the vacancies through contract labours.
Keep the absent workers on your roll. Stop contacting them. However, when they return, you may take them on the roll but remove them one by one through some other reason and not the reason for their absence.
I have offered you the solution from my side. Other senior members may provide their valuable inputs.
Thanks,
Dinesh Divekar
From India, Bangalore
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I understand the situation you are in. Dealing with hostile labour unions is no easy task.
On the one hand, the union government is interested in promoting "ease of doing business" and on the other side, the factory owners face this kind of situation.
Nevertheless, the city of Mumbai is not new labour union militancy. Today's unions are carrying the legacy of Datta Samant. Because of this misplaced aggressiveness by the labour unions, a lot of factories were either closed or moved to other states. The state of Maharashtra has paid a heavy price for the parochialism by the labour unions.
Each labour union is affiliated with some political party. The labour unions cannot muster the courage without patronage by a political party. Therefore, explore the possibility of taking the labour union into confidence. In the meanwhile, as a temporary measure, try filling the vacancies through contract labours.
Keep the absent workers on your roll. Stop contacting them. However, when they return, you may take them on the roll but remove them one by one through some other reason and not the reason for their absence.
I have offered you the solution from my side. Other senior members may provide their valuable inputs.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear friend,
In these difficult times, we have to sail through tactfully. Managing with contract labor might pose some other problems of permanency as the work is of a continuing nature. At the same time, without separating the employees who have not reported yet but are existing on the roll, decisions have to be made. Imagine if all are reporting and you still have contract labor, hence ending up with surplus labor. Who knows if the contract labor also forms a union and is backed by some active party, they might agitate for permanency.
I suggest issuing a final notice by registered mail with acknowledgment due, providing only one week's time to report. Whoever reports can be taken on duty, treating them as "absent with leave without pay" after obtaining the required letters of request. In case of failure to comply, proceed with termination and fill the vacancies with contract labor. Ensure to keep the Labor Commissioner updated on every step you take. Do not encourage 'idle wages' for those not reporting. Yielding to pressure and allowing them to continue like this would affect the morale of the employees who have already reported and are on regular duty. In the worst-case scenario, you could consider declaring a 'lockout' if they resort to agitations.
From India, Bangalore
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In these difficult times, we have to sail through tactfully. Managing with contract labor might pose some other problems of permanency as the work is of a continuing nature. At the same time, without separating the employees who have not reported yet but are existing on the roll, decisions have to be made. Imagine if all are reporting and you still have contract labor, hence ending up with surplus labor. Who knows if the contract labor also forms a union and is backed by some active party, they might agitate for permanency.
I suggest issuing a final notice by registered mail with acknowledgment due, providing only one week's time to report. Whoever reports can be taken on duty, treating them as "absent with leave without pay" after obtaining the required letters of request. In case of failure to comply, proceed with termination and fill the vacancies with contract labor. Ensure to keep the Labor Commissioner updated on every step you take. Do not encourage 'idle wages' for those not reporting. Yielding to pressure and allowing them to continue like this would affect the morale of the employees who have already reported and are on regular duty. In the worst-case scenario, you could consider declaring a 'lockout' if they resort to agitations.
From India, Bangalore
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Dear Leaders,
Thank you for your valuable guidance. Yes, we will do the same. We stopped their salary because the workers who are working all raised a flag together against us paying the salary to employees sitting at home. Badly stuck in the situation.
From India, Mumbai
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Thank you for your valuable guidance. Yes, we will do the same. We stopped their salary because the workers who are working all raised a flag together against us paying the salary to employees sitting at home. Badly stuck in the situation.
From India, Mumbai
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Dear colleague,
You have to make a decision on whether to confront the union formation process or deal with it as and when it is formed.
Remember that the formation of the union is their fundamental right. However, you can stall it by winning over the workers who have reported for work or are working on your side and persuading them not to join the union. If you succeed, in case a union is formed, it will be a minority union that cannot have as much influence as a majority union.
Regarding those to whom you have sent termination letters that were returned unaccepted, keep the matter pending for a possible solution. However, do not recruit anybody at this stage to replace them.
The success or failure of the union formation needs to be monitored, and during this transitional phase, it is better to wait and observe for things to become favorable.
In the meantime, continue to seek advice from a local competent labor advocate or consultant to manage any potential escalation.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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You have to make a decision on whether to confront the union formation process or deal with it as and when it is formed.
Remember that the formation of the union is their fundamental right. However, you can stall it by winning over the workers who have reported for work or are working on your side and persuading them not to join the union. If you succeed, in case a union is formed, it will be a minority union that cannot have as much influence as a majority union.
Regarding those to whom you have sent termination letters that were returned unaccepted, keep the matter pending for a possible solution. However, do not recruit anybody at this stage to replace them.
The success or failure of the union formation needs to be monitored, and during this transitional phase, it is better to wait and observe for things to become favorable.
In the meantime, continue to seek advice from a local competent labor advocate or consultant to manage any potential escalation.
Regards,
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Dear friend,
Check your staff attendance and issue notices to all those who are absent. If the notices are returned as 'undelivered,' 'refused,' or 'addressee not found,' publish an advertisement in local newspapers quoting their names and warning them to report to duty immediately. Failure to do so will result in them being treated as absconders. This group may try to organize a protest or gate meeting, which is prohibited under Covid-19 guidelines. If they proceed with such actions, file a police complaint noting their names. There is no room for raising an 'industrial dispute' or issuing a 'strike notice' as their actions are unlawful. Address each case individually by initiating disciplinary action for absenteeism.
From India, Bangalore
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Check your staff attendance and issue notices to all those who are absent. If the notices are returned as 'undelivered,' 'refused,' or 'addressee not found,' publish an advertisement in local newspapers quoting their names and warning them to report to duty immediately. Failure to do so will result in them being treated as absconders. This group may try to organize a protest or gate meeting, which is prohibited under Covid-19 guidelines. If they proceed with such actions, file a police complaint noting their names. There is no room for raising an 'industrial dispute' or issuing a 'strike notice' as their actions are unlawful. Address each case individually by initiating disciplinary action for absenteeism.
From India, Bangalore
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Dear HR leader,
We have faced this issue with many of our clients. We advised them to initiate disciplinary action against the absentee workers. Accordingly, enquiries were conducted. You cannot send the message to other workers that the high-handed attitude of the union threats will be tolerated and the management bows down to pressure. If they get violent, you should seek help from Police authorities to maintain law and order. The union will have to realize that arm-twisting tactics don't help in IR situations; otherwise, they will use this as a tool to get their demands met.
From India, Pune
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We have faced this issue with many of our clients. We advised them to initiate disciplinary action against the absentee workers. Accordingly, enquiries were conducted. You cannot send the message to other workers that the high-handed attitude of the union threats will be tolerated and the management bows down to pressure. If they get violent, you should seek help from Police authorities to maintain law and order. The union will have to realize that arm-twisting tactics don't help in IR situations; otherwise, they will use this as a tool to get their demands met.
From India, Pune
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I endorse the view to go for a disciplinary action. Issuing a charge sheet quoting the relevant misconduct under the Certified Standing Orders, if the establishment has one, and if not, quote the clauses relating to unauthorized continuous absence for more than 10 days in the Model Standing Orders. Send the letter through RPAD/email/WhatsApp. If he sees you can see a double blue tick, take a color photocopy and keep it safe. If no reply is received within 3 days, please issue a reminder notice. If no reply is received or if a reply is received, send an enquiry notice. It's better to conduct outside the establishment. The enquiry officer can be an internal or external gentleman. Permit a co-worker to play the role of an assistant to the delinquent. Conduct a transparent enquiry adhering to the principles of natural justice like aadi altem paltem. If he is absent for the enquiry, record the proceedings and send a copy through RPAD/email/WhatsApp, every time, to give three adjournments. Treat him as ex parte, and the EO will submit the enquiry finding report. Based on the report, issue a termination order. If my memory is correct, in Maharashtra, the second show-cause notice is not followed. You can also conduct an enquiry through Zoom/Teams if you want to be safe against Covid as well as from external force.
K. S. PASUPATHI
From India, Chennai
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K. S. PASUPATHI
From India, Chennai
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