Hi all,
Can the issue of suspension of a worker be espoused by a trade union other than the recognised trade union of the company.
If we receive a letter in this regard from any other trade union mentioned as above, are we bound to give the reply?
From India, Jamshedpur
1Can the issue of suspension of a worker be espoused by a trade union other than the recognised trade union of the company.
If we receive a letter in this regard from any other trade union mentioned as above, are we bound to give the reply?
From India, Jamshedpur
Dear Amit
As far as raising of issue is concerned , a trade union which even not recognised by the industry, can raise the issue before any authority, subject to an individual is a member of that union or is associated with the union. These right to speak is our constitutional right. But to reply or not to reply is all at the discretion of the management. Ethically if you are justified of suspension and have followed all the legal provisions then you are free to reply to the queries raised and one must do it. Rest depend upon the situtation and circumstances. Legaly you are not boud to reply to any trade union.
Anil Anand
From India, New Delhi
As far as raising of issue is concerned , a trade union which even not recognised by the industry, can raise the issue before any authority, subject to an individual is a member of that union or is associated with the union. These right to speak is our constitutional right. But to reply or not to reply is all at the discretion of the management. Ethically if you are justified of suspension and have followed all the legal provisions then you are free to reply to the queries raised and one must do it. Rest depend upon the situtation and circumstances. Legaly you are not boud to reply to any trade union.
Anil Anand
From India, New Delhi
Hello Sir
I do not think the Management is bound to reply any Union for the Suspension of a Workman as any workman who has been suspended is at some fault and union that may be recognized or unrecognized have no right to ask the management to explain the suspension,yet it depends on the circumstances and the atmosphere of the concern.
Legally only the concoliation officer is the authority to ask for the suspension and the union may knock the doors of the C.O.
Regards
V.S.Yadav
I do not think the Management is bound to reply any Union for the Suspension of a Workman as any workman who has been suspended is at some fault and union that may be recognized or unrecognized have no right to ask the management to explain the suspension,yet it depends on the circumstances and the atmosphere of the concern.
Legally only the concoliation officer is the authority to ask for the suspension and the union may knock the doors of the C.O.
Regards
V.S.Yadav
What did you mean by "recognized union"?
Recognition and Registration are two separate matters.
Recognition can be under a law (like in maharashtra, there is a law called, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act) OR recognition may be accorded by the employer.
If you are dealing with a statutorily recognized union and the employee in question is NOT a member of such a union, then included under the "Rights of Unrecognized Unions" under the same act, even an unrecognized union may represent its members in disciplinary actions.
Replying or not replying a union is a different matter. Not replying a union does not help you resolve any issue, as even after an action is taken the aggreived employee is empowered by the Industrial Dispute Act to approach the labour machinery of the state like conciliation and later adjudication under Sec. 2-A of the act, when no union may sponsor his dispute!
In such matters it better seek answers by providing all related facts of the case or the advice you may receive may not be accurate!
Cheers!
From India, Pune
Recognition and Registration are two separate matters.
Recognition can be under a law (like in maharashtra, there is a law called, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act) OR recognition may be accorded by the employer.
If you are dealing with a statutorily recognized union and the employee in question is NOT a member of such a union, then included under the "Rights of Unrecognized Unions" under the same act, even an unrecognized union may represent its members in disciplinary actions.
Replying or not replying a union is a different matter. Not replying a union does not help you resolve any issue, as even after an action is taken the aggreived employee is empowered by the Industrial Dispute Act to approach the labour machinery of the state like conciliation and later adjudication under Sec. 2-A of the act, when no union may sponsor his dispute!
In such matters it better seek answers by providing all related facts of the case or the advice you may receive may not be accurate!
Cheers!
From India, Pune
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