Dear Members
We are members of foreign airlines who have been offred VSS by management.Most of us fear that in case they dont accept VSS they will be terminated.Can anyone whats the best method to stop management from taking any such step by taking any preemptive measures.We are under central tribunal though our head office is in Mumbai.
We have also tried approaching labour commissioner but he doesnt seems to be of much help as he is not accepting our plea to file in application for concilliations.
Suggestions are most welcome from everyone
Regards//rakesh
From Saudi Arabia, Jeddah
We are members of foreign airlines who have been offred VSS by management.Most of us fear that in case they dont accept VSS they will be terminated.Can anyone whats the best method to stop management from taking any such step by taking any preemptive measures.We are under central tribunal though our head office is in Mumbai.
We have also tried approaching labour commissioner but he doesnt seems to be of much help as he is not accepting our plea to file in application for concilliations.
Suggestions are most welcome from everyone
Regards//rakesh
From Saudi Arabia, Jeddah
Dear Rakesh,
Why this airline is taking this step and how many of you have been offered this VRS? Yes you can raise the dispute. However you all have to fight for your rights togather. Your case will eventually go to CGIT (Central Government Industrial Tribunal).
Your head office is in Mumbai but where are you posted? Do you have any office where you are posted?
Are you associated with any union?
Please answer these question as I guess that the Airline companies also have to seek permission from DGCA before effecting any such scheme. Though they are well within their rights to do the retrenchment but not without following the proper procedure laid down in the Industrial Disputes Act.
Please answer the above questions so as to enable us to weigh your situation in a better way.
From India, New Delhi
314Why this airline is taking this step and how many of you have been offered this VRS? Yes you can raise the dispute. However you all have to fight for your rights togather. Your case will eventually go to CGIT (Central Government Industrial Tribunal).
Your head office is in Mumbai but where are you posted? Do you have any office where you are posted?
Are you associated with any union?
Please answer these question as I guess that the Airline companies also have to seek permission from DGCA before effecting any such scheme. Though they are well within their rights to do the retrenchment but not without following the proper procedure laid down in the Industrial Disputes Act.
Please answer the above questions so as to enable us to weigh your situation in a better way.
From India, New Delhi
Dear Mr Tyagi
Thanks for your reply ..here is the ans to your queries...
We have a office in Mumbai and we do have association and also have hired services of a legal advisor here.
Since we are foreign carrier we do not come under preview of DGCA regarding any labor practices. Our staff is united at moment but seeing the duration it may take (3-8 years) and no hope of any immediate relief like a stay order etc they are reluctant to take legal route.
Can you please inform us that whether we can approach court directly in case company retrenches staff on grounds that they are handing over functions to outside agency and obtain stay order against such move without having to wait for labour commissioner to call management for concilliations which acc to our legal advisor can take 3-5 months before he will file a failure report and send our case to tribunal where we can hope for some sort of relief.
can you kindly advice regarding above asap as date for VSS scheme is 23 May
Regards//rakesh
From Saudi Arabia, Jeddah
Thanks for your reply ..here is the ans to your queries...
We have a office in Mumbai and we do have association and also have hired services of a legal advisor here.
Since we are foreign carrier we do not come under preview of DGCA regarding any labor practices. Our staff is united at moment but seeing the duration it may take (3-8 years) and no hope of any immediate relief like a stay order etc they are reluctant to take legal route.
Can you please inform us that whether we can approach court directly in case company retrenches staff on grounds that they are handing over functions to outside agency and obtain stay order against such move without having to wait for labour commissioner to call management for concilliations which acc to our legal advisor can take 3-5 months before he will file a failure report and send our case to tribunal where we can hope for some sort of relief.
can you kindly advice regarding above asap as date for VSS scheme is 23 May
Regards//rakesh
From Saudi Arabia, Jeddah
Dear Rakesh,
Sorry for responding late. Yes you can move to Court directly in case of termination. All though they can do the retrenchment if they follow the procedure given in the ID Act, however they have to pay proper compensation to the workmen effected by their decision. Be it a foreign carrier but if they have a office in India the laws governing the functioning would be Indian Laws.
However i would like to know as to what is the nature of work the Airline wants to out source or in other words what work do the workmen in question do. Companies can out source the work however you have right to raise voice against it.
My opnion would be that carefully weigh your options before acting upon something. Please note that if the Scheme is giving legally adequate compensation in liew of the retrenchment you will not be able to force the Management to keep you employed, if otherwise they are not acting in gross voilation of principle of natural justice.
From India, New Delhi
Sorry for responding late. Yes you can move to Court directly in case of termination. All though they can do the retrenchment if they follow the procedure given in the ID Act, however they have to pay proper compensation to the workmen effected by their decision. Be it a foreign carrier but if they have a office in India the laws governing the functioning would be Indian Laws.
However i would like to know as to what is the nature of work the Airline wants to out source or in other words what work do the workmen in question do. Companies can out source the work however you have right to raise voice against it.
My opnion would be that carefully weigh your options before acting upon something. Please note that if the Scheme is giving legally adequate compensation in liew of the retrenchment you will not be able to force the Management to keep you employed, if otherwise they are not acting in gross voilation of principle of natural justice.
From India, New Delhi
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