Hello, I want to add one thing in appointment letter stating that any employee cannot form union in the office. Please provide suggestion for this.
From India, Mumbai
From India, Mumbai
You cannot add this clause in the appointment order. This is against the fundamental right of an Indian Citizen.
There are several ways to prohibit this thing. Management can form an employee forum / committee to discuss their issues and seek the relief. But you cannot mention the above clause in any appointment order.
From India, Chennai
147There are several ways to prohibit this thing. Management can form an employee forum / committee to discuss their issues and seek the relief. But you cannot mention the above clause in any appointment order.
From India, Chennai
Dear Harshada Deshmukh
Its surprising and shocking to read such a query. Are you an HR professional or have you studied HRM ??
Such things are unimaginable, coming from an HR professional. Can you DO whatever you want or feel like doing ???
There are laws and rules which one has to follow; unless one is a Minor, of Unsound Mind or Insolvent.
Such proposals, that you want to make, are entirely illegal.
From India, Delhi
Its surprising and shocking to read such a query. Are you an HR professional or have you studied HRM ??
Such things are unimaginable, coming from an HR professional. Can you DO whatever you want or feel like doing ???
There are laws and rules which one has to follow; unless one is a Minor, of Unsound Mind or Insolvent.
Such proposals, that you want to make, are entirely illegal.
From India, Delhi
Hello Harsh kumar, Freedom to form an association is a fundamental right under the Constitution which prevails over any law or contract in case of conflict with it. Further i would like to say that restrainig workmen from forming a union is enumerated as an unfair labour practice under Fifth Schedule appended to the Industrial disputes Act 1947 and an employer practicing unfair labour practices may attract penal provisions of the Act.The best way to impress up on the workmen that they need no union is to be accessible to workmen and listen to their grievances and solve them promptly and to leave the communication channels open to them and in case of any difference in respect of any service condition, to settle them by peaceful means of dialogue/discussion and persuasion
B.Saikumar
.
From India, Mumbai
B.Saikumar
.
From India, Mumbai
I fully endorse the views of our learned friends Rajkumar and Saikumar expressed in the legal perspective. At the same stretch, I would like to add the following from moral and practical perspectives. Had you mentioned the reasons for inclusion of such a clause of condition in the appointment orders to the employees, it would have been easier for us to know your mind. Since freedom is the basic nature of all life forms, to be at the disposal of the other for whatsoever reason is the first constraint to freedom. But, one can not help it because interdependence is the inevitable feature of communal life. We have to bear in mind that mutualism or the relationship of organism in which each party is benefited by the other is the exact meaning of interdependence. Therefore, friction in relationship is the salient aspect of human association. Since an organization is a collective endeavour of the employer and the employees, the doctrine of survival of the fittest has no place there for the simple reason it is a place of co-existence. As long as the relationship is simple and just one-to-one, friction is less; but when it becomes one-to- many as in the case of an organization, friction becomes multitudinous and the most effective way of reducing it to fruitful interaction is again simplifying it to one-to-one i.e., the employer on one side and the representative body of the employees on the other. Here comes the emergence of employees' or workers' union as a parallel institution for grievance-ventilation and collective bargaining. There is nothing to be scared of employees' unions if the employer is law-abiding, considerate and magnanimous within his limits. After all, no one can chew more than what he can swallow!
From India, Salem
From India, Salem
Hi
Fully appreciated the comments of both Shri Rajkumar & Saikumar. The HR Persons must explain to the Management about putting or following Legal & Illegal clauses either in Apptt.Orders or in Service Rules/S.O. etc., or else, Management can be sued for practising Un-fair Labour Practices which is actionable under IDA.
8.1.16
From India, Mumbai
Fully appreciated the comments of both Shri Rajkumar & Saikumar. The HR Persons must explain to the Management about putting or following Legal & Illegal clauses either in Apptt.Orders or in Service Rules/S.O. etc., or else, Management can be sued for practising Un-fair Labour Practices which is actionable under IDA.
From India, Mumbai
It is the right of employees to form trade unions.trade unions play a vital role in industrial relations and without them the management will often ride rough shod over employees.
You cannot put such clauses in appointment letters.
Follow good HR practise and good IR practises and unionism can be checked to a great extent.
From India, Pune
You cannot put such clauses in appointment letters.
Follow good HR practise and good IR practises and unionism can be checked to a great extent.
From India, Pune
Such letters have no validity in the eyes of law. You can not force people to not to form Union. Please read various labour laws. Now having said that, one must understand that making associations is the need of the hour. Hence, you have employee and employer associations. Even nations are making associations. Collaborations and partnerships are also a part of the same thing. Making association in the requirement of this time. Lord Buddha also advocated this. Now Union is not a threat but can become a friend if handled with care. In fact I always enjoyed when there was an Union.I have always found them most helping rather than a problem.
One should never issue such appointment letter.
Aloke Chakravartty
Managing Director
Disha E.Ltd
From India, Raipur
One should never issue such appointment letter.
Aloke Chakravartty
Managing Director
Disha E.Ltd
From India, Raipur
dear harsha ,
for ex if u r company having 200 employees & all of them coming & ask abt the salary increments is good are only 5 to 7 member asking you is right
donot ask this type of question again already our experts hv made it clear u....
without employee forum r union its difficult to run...
From India, Bangalore
for ex if u r company having 200 employees & all of them coming & ask abt the salary increments is good are only 5 to 7 member asking you is right
donot ask this type of question again already our experts hv made it clear u....
without employee forum r union its difficult to run...
From India, Bangalore
Dear Harshada,
The seniors have rightly advised you, more aptly by Shri B. Saikumar.
Further to that, I may point out that the attitude of the employer/management should quite reasonably be employee-friendy, like father and child, so that an employee may not feel the help of a third person or association/ union to get his/her legally pemissible rights achieved without any undue hinderance and delay by the management. The fact is that an employee takes shelter of the union only when he is denied his rights without any reason or rhyme on the part of his superiors/ management, which ultimately becomes a cause of bitterness or struggle between the employer and the employee unions ultimately affecting individual as well as collective productivity within the organisation.
From India, Delhi
The seniors have rightly advised you, more aptly by Shri B. Saikumar.
Further to that, I may point out that the attitude of the employer/management should quite reasonably be employee-friendy, like father and child, so that an employee may not feel the help of a third person or association/ union to get his/her legally pemissible rights achieved without any undue hinderance and delay by the management. The fact is that an employee takes shelter of the union only when he is denied his rights without any reason or rhyme on the part of his superiors/ management, which ultimately becomes a cause of bitterness or struggle between the employer and the employee unions ultimately affecting individual as well as collective productivity within the organisation.
From India, Delhi
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