Respected All
In our one branch , we develop some machines like automization.
Our old permanant worker dont co-operates to work on this machines, (THEY THINKS , O.T. MAY BE REDUCES IN FUTURE DUE TO AUTOMIZATIONS)
So we hire new contract basic workers for those machines.
Now we decides to give 8 hrs work to old worker , No overtime to old workers.
(we pay them above minimum wages.)
Therfore these worker get angry and told that give overtimes or increase in salary 4to5k otherwise we stop work.
Give me reply what to do ?
1. What is the legal action ? or legal rule for this type of matter ?
Waiting
Raju Shriname
From India, Chicalim
5In our one branch , we develop some machines like automization.
Our old permanant worker dont co-operates to work on this machines, (THEY THINKS , O.T. MAY BE REDUCES IN FUTURE DUE TO AUTOMIZATIONS)
So we hire new contract basic workers for those machines.
Now we decides to give 8 hrs work to old worker , No overtime to old workers.
(we pay them above minimum wages.)
Therfore these worker get angry and told that give overtimes or increase in salary 4to5k otherwise we stop work.
Give me reply what to do ?
1. What is the legal action ? or legal rule for this type of matter ?
Waiting
Raju Shriname
From India, Chicalim
Hi,
They can't stop the work. Try to speak with them, have a open diaglogue and understand their issues. Also check that are you paying them fair wages? Minimum wages does not mean fair wages. Do the benchmark and take a call, afterall people will see what benefits they would loose.
In extreme stage, they stop the work, you can take the action for thier misconduct. Please refer Model Standing Orders and Industrial Dispute ACt.
Regards,
From India, Pune
They can't stop the work. Try to speak with them, have a open diaglogue and understand their issues. Also check that are you paying them fair wages? Minimum wages does not mean fair wages. Do the benchmark and take a call, afterall people will see what benefits they would loose.
In extreme stage, they stop the work, you can take the action for thier misconduct. Please refer Model Standing Orders and Industrial Dispute ACt.
Regards,
From India, Pune
Dear
overtime is not a right and they can not stop work if you are not giving them overtime.if they does so,than it comes in the definition of
illegal strike.if they does so than issue a notice to them that you are on illegAl strike and no wages will be paid to them .even you can declare lock out
for those workers against illegal strike and take action aginst them
From India, Delhi
overtime is not a right and they can not stop work if you are not giving them overtime.if they does so,than it comes in the definition of
illegal strike.if they does so than issue a notice to them that you are on illegAl strike and no wages will be paid to them .even you can declare lock out
for those workers against illegal strike and take action aginst them
From India, Delhi
Technically, they are not entitled to claim Over time as a matter of right.Since they are paid above minimum wages, they cannot complain of any non-complaince in so far wages are concerned. even though you have introduced automisation, you have not retrenched any workman so they cannot also compalin of any adverse change in their sevcie conditions. So legally you need not worry.however they may raise an industrial dispute about wage fixation. You can prepare your ground to meet their claims. You need not do some exercise like whether they really deserve any increase, if not why,- if , how much -what are the wages paid to similarly situated employees insame or similar industries in and around your palce.etc.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
There is some typing mistake. I have written you need nit do some exercise. Pl.read itas 'you need to do some exercise.' B.Saikumar HR & labour Law advisor Mumbai
From India, Mumbai
From India, Mumbai
Dear Raju,
Do you have Union in your company. If yes then you may be having some union leaders, sit together and try to resolve issues. If they are not agree then in final case you have to take a call but before doing so prepare your basics and then go forward if you think they have stoped work and they will go for strike then your management can take a legal stand against them becuase OT is not their right.
From India, Pune
Do you have Union in your company. If yes then you may be having some union leaders, sit together and try to resolve issues. If they are not agree then in final case you have to take a call but before doing so prepare your basics and then go forward if you think they have stoped work and they will go for strike then your management can take a legal stand against them becuase OT is not their right.
From India, Pune
Hi
As my point of view,
First you negotiate to them (like talk about company situation, productivity, status about funds explain them) and solve it possibly, after your negotiation if they dont obey your words, Issue show cause notice them to all according the model standing order.
From India, Chennai
As my point of view,
First you negotiate to them (like talk about company situation, productivity, status about funds explain them) and solve it possibly, after your negotiation if they dont obey your words, Issue show cause notice them to all according the model standing order.
From India, Chennai
Hello Mr Raju,
To startwith even an informal discussion with them about the pros and cons might help.
As pointed out by our experts, they do not have sound case, but stilll their hearts have to be won over.
V.Raghunathan..................................... ..................... .......................... Navi Mumbai
From India
To startwith even an informal discussion with them about the pros and cons might help.
As pointed out by our experts, they do not have sound case, but stilll their hearts have to be won over.
V.Raghunathan..................................... ..................... .......................... Navi Mumbai
From India
Dear ,
Just one thing. When was the wage revision done to them? Recently or Years and Years ago....
You must also consider their point of view in arriving at a suitable decision. Inflation is on the rise yearly and Govt is struggling to keep it down under its control... A Kg of good quality rice costs Rs 20 some 6 or 7 years ago but the same cost has risen up to 45Rs. Not to speak of the quality of rice given free of cost in some states....
Do a thourough home study and analyse their logic in their demand..? Is it reasonable or unreasonable...?
You may not heed to all their demands but some of them I am sure you can make up.
By the by how's the bottom line of your company (I mean financial fundamentals)...
Weigh the cost benefit of their demands and take a suitable decision...
Best Wishes....
From India, Mumbai
Just one thing. When was the wage revision done to them? Recently or Years and Years ago....
You must also consider their point of view in arriving at a suitable decision. Inflation is on the rise yearly and Govt is struggling to keep it down under its control... A Kg of good quality rice costs Rs 20 some 6 or 7 years ago but the same cost has risen up to 45Rs. Not to speak of the quality of rice given free of cost in some states....
Do a thourough home study and analyse their logic in their demand..? Is it reasonable or unreasonable...?
You may not heed to all their demands but some of them I am sure you can make up.
By the by how's the bottom line of your company (I mean financial fundamentals)...
Weigh the cost benefit of their demands and take a suitable decision...
Best Wishes....
From India, Mumbai
No one can resist bringing in some system by the management, provided it helps enhance the productivity, reducing process time, etc. There was a time that computers were introduced in Govt. sectors where there used to be conventional methods of accounting, report generation, etc. People were apprehensive that introduction of computers will hamper thier very existence and people will lose jobs. What happened today? Computers have become part of any day-to-day operations, without which the whole office will come to a standstill.
so also, any system when introduced, there would be some resistence. Explain to them the advantages. It is highly recommended that organizations have to go for automization in future. In the wake of non-availability of skilled manpower, we are constrained to compromise quality and recruit below standard workmen. Even if we recruit them, there is no guarantee that they will stay with the organization for longer time. It is order of the day.
People acting with some vested interests shall not be encouraged at all. At the same time, if they resort to industrial unrest (whether legally or illegally), you must be prepared to combat the situation by having alternative method to ensure uninterrupted production. What is your action plant is what your management must think.
V. Balaji
From India, Madras
so also, any system when introduced, there would be some resistence. Explain to them the advantages. It is highly recommended that organizations have to go for automization in future. In the wake of non-availability of skilled manpower, we are constrained to compromise quality and recruit below standard workmen. Even if we recruit them, there is no guarantee that they will stay with the organization for longer time. It is order of the day.
People acting with some vested interests shall not be encouraged at all. At the same time, if they resort to industrial unrest (whether legally or illegally), you must be prepared to combat the situation by having alternative method to ensure uninterrupted production. What is your action plant is what your management must think.
V. Balaji
From India, Madras
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