Dear Seniors,
kindly suggest....
one of the employee suspended. In due course, the union election has gone, in this he is elected as a office bearer (key post).
In this situation can he attend the talks between the management.
pls advice....
From India, Madras
2kindly suggest....
one of the employee suspended. In due course, the union election has gone, in this he is elected as a office bearer (key post).
In this situation can he attend the talks between the management.
pls advice....
From India, Madras
Yes, because in some of the unions the President, working president etc., office bearers of the union are to be out siders and the management is allowing them for the talks.
The employee whom the management has suspended is still in your rolls, you will be paying him subsistance allowance, once the domestic enquiry is started then you have to allow him to take part in the enquiry. Employee is under suspension but not terminated, even terminated also if the unionized worker elected him as an office bearer then it is mandatory to allow him for talks.
Regards - kamesh
From India, Hyderabad
The employee whom the management has suspended is still in your rolls, you will be paying him subsistance allowance, once the domestic enquiry is started then you have to allow him to take part in the enquiry. Employee is under suspension but not terminated, even terminated also if the unionized worker elected him as an office bearer then it is mandatory to allow him for talks.
Regards - kamesh
From India, Hyderabad
Yes, I agree with Kamesh,
In this condition, there is no any end of employee-employer relationship untill he is is service till his termination processes after enquiry findings. Also if he is an elected member by the union members, then he has absolute right to participate in dialoges with management, even though he is in suspension stage.
So, you need to allow him for talks,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
In this condition, there is no any end of employee-employer relationship untill he is is service till his termination processes after enquiry findings. Also if he is an elected member by the union members, then he has absolute right to participate in dialoges with management, even though he is in suspension stage.
So, you need to allow him for talks,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
Dear Armathan,
Refer to your query, what Mr.Kamesh opinion is correct. Also be aware of that, the executive members of the body of the union by what ever name called which is registered under Trade Union Act. These members are Protected under Sec 33 of ID Act -1947 to be known as Protected Workmen. The workmen to attend talks with the Management in the negotiation process.
Regards
V R RAO PULIPAKA
09666051720
From India, Bangalore
Refer to your query, what Mr.Kamesh opinion is correct. Also be aware of that, the executive members of the body of the union by what ever name called which is registered under Trade Union Act. These members are Protected under Sec 33 of ID Act -1947 to be known as Protected Workmen. The workmen to attend talks with the Management in the negotiation process.
Regards
V R RAO PULIPAKA
09666051720
From India, Bangalore
Dear Mr.Rao
According to section 33(4) of the Industrial Disputes Act any "workman of the establishment" can be a "protected workman". He need not be an office bearer or executive member of the Union. All executive members of the Union functioning in the establishment do not become "protected workmen" automatically. There is a procedure for recognising the "workmen of the establishment" as "protected workmen" for the purposes of section 33 of the Industrial Disputes Act. This procedure has to be prescribed by the "appropriate Government" as is stated in section 33(4) of the Industrial Disputes Act. This procedure is prescribed in the Rules under the Industrial Disputes Act framed by the appropriate Government by virtue of the powers conferred on it by section 38 of the Industrial Disputes Act.
With regards
From India, Madras
According to section 33(4) of the Industrial Disputes Act any "workman of the establishment" can be a "protected workman". He need not be an office bearer or executive member of the Union. All executive members of the Union functioning in the establishment do not become "protected workmen" automatically. There is a procedure for recognising the "workmen of the establishment" as "protected workmen" for the purposes of section 33 of the Industrial Disputes Act. This procedure has to be prescribed by the "appropriate Government" as is stated in section 33(4) of the Industrial Disputes Act. This procedure is prescribed in the Rules under the Industrial Disputes Act framed by the appropriate Government by virtue of the powers conferred on it by section 38 of the Industrial Disputes Act.
With regards
From India, Madras
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