Dear All,
I, come across one disciplinary action on the ground of habitual absenteeism. In between union was involved by the charge sheeted employee and answer for the charge shit given with the request to stop the process. Moreover it was written in the letter that if not stopped will submit the same for labor reference.
What could be the consequences if the matter is referred for labor reference i.e. labor commissioner. Please through some light.
From India, Surat
I, come across one disciplinary action on the ground of habitual absenteeism. In between union was involved by the charge sheeted employee and answer for the charge shit given with the request to stop the process. Moreover it was written in the letter that if not stopped will submit the same for labor reference.
What could be the consequences if the matter is referred for labor reference i.e. labor commissioner. Please through some light.
From India, Surat
employee has taken a wrong safeguard to protect and involvement of labor / trade union will damage the image of employee.
habitual absence without any valid ground is misconduct under the service rules, and the employee has to reply the same properly, but involving the trade union will litigate the issue only.
if the management produce that due to absence without notice, they have suffered production and monetary losses, then labor commissioner even would not endorse the employee act of habitual absence,
However employer should keep in touch with a labor counsel, with the complete attendance record and reasons produced by the employee for his knowledge to represent the matter
628habitual absence without any valid ground is misconduct under the service rules, and the employee has to reply the same properly, but involving the trade union will litigate the issue only.
if the management produce that due to absence without notice, they have suffered production and monetary losses, then labor commissioner even would not endorse the employee act of habitual absence,
However employer should keep in touch with a labor counsel, with the complete attendance record and reasons produced by the employee for his knowledge to represent the matter
If such matters are referred to Labour department officials nothing is going to happen. Labour department or the Labour Commissioner is not a authority to deal with such issues which are purely internal disciplinary matters of the organisation. Therefore, let the Union take it to Labour department. How can the department intervene? Can they say that you should allow absenteeism and other misconducts by employees? Never. moreover, this is a machinery for settlement of disputes and this is not a dispute in the first instance but just a idiotic muscle power gooda militancy of the Union. Never allow it. I would say that let the Union to to Labour department and it is good that you will get a platform to discuss the militancy of the workers.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
If a matter is referred to labour commissioner, the labour commissioner will act as a conciliation officer trying to settle the dispute amicably. If the labour commissioner is unable to settle the dispute, he will refer the dispute to the labour court.
The labour court/ industrial tribunal only has the power to adjudicate the dispute.
From India, Kolkata
The labour court/ industrial tribunal only has the power to adjudicate the dispute.
From India, Kolkata
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