dear sir, one of our union workers was not doing his work properly & loitering with another co-workers, what kind of action to be taken against him.
From India, Hoshiarpur
Dear Sir,
one of our union workers who's duty is to clean the shop floor regularly instead of doing his job, he is loitering with co-workers & do not work properly what kind of action to be taken against him as per factories act.

From India, Hoshiarpur
Dear Santosh,

Union worker or otherwise, each worker must be at his/her workplace and must complete assigned work. Therefore, action can be taken against the erring employee, however, question arises how much time he was loitering? It is not a question of this worker alone. You have written that "loitering with another co-workers". That means group of workers were loitering. What about their supervisors? Have they made any report to this effect? When did this incident happen? Was it immediately after lunch or tea break?

With sufficient evidence, the workers can be given warning. However, legal issue apart, larger issue from the management science standpoint is the workers' motivation. That is the root cause of the problem. By imposing negative discipline, you may try to correct the behaviour of the wayward workers, nevertheless, it may not be lasting solution. They could recidivate.


Dinesh Divekar

From India, Bangalore
Every employee is required to do his job for which he is paid by the company and the union office bearers are no exception to this and are equally liable to uphold discipline like any other employee.However it is not advisable to immediately wield the stick of disciplinary action as the first option to discipline the delinquent worker as it may be counter productive or boomerang on you. There can be two reasons.One is that the delinquent worker is a union activist. The moment you issue him a show cause notice, he may play the card of victimization by management because he is a union activist and management is trying to snuff out his activities and make it an industrial relations issue, involving the union and other workers.This may cost your time and energy and may even end up in being alone and defenseless, if the management backs out Secondly, the issue pertains to the behavior that is not agreeing with general discipline of the company and such behavior may be the result of a flawed thinking or a conditioned mind set that unless he behaves like that, he will not be accepted as a union leader by the followers( workers).Thus a coercive action like disciplinary action may bruise his ego and he may escalate it into an industrial relations issue.Therefore,unless the union is weak and the management is strong enough to deal with an agitation situation(if one arises), a disciplinary action as the first option can be a misadventure.Therefore it is advisable to follow a reformative approach which consists of calling the union worker for discussion on the issue and counselling him and telling him that he shall do his job as it might lead to complaints from staff. You need not kneel down on your knees to ask him to do his job.if he does not listen, you can serve on him an advisory memo.If he still persists in his unseemly behavior, you can issue a caution letter and finally , if this does not work, you can issue a show cause notice as a prelude to disciplinary action.Keep a record of all your efforts. You can then tell the other office bearers that you were compelled to resort to disciplinary action by his own defying conduct.


From India, Mumbai
It is a simple principle that a person is not entitled for his wage/salary unless he performs the tasks assigned to him. All that is done to operationalise this dictum. Rest of the things take care of themselves.
From India, Kochi
Hi, Loitering is very bad habit,impacts production process also a root cause of major indiscipline spoiling shop-floor culture. Taking co-workers to accompany is more harmful acts. All workers should be properly assigned, supervised,made accountable to works assigned and their supervisors are responsible to take work ensuring department discipline, manpower control as per satisfaction and direction of management. Any such thing noticed which is subversive of discipline to be tactfully handled first at department level. In shop floor, there are very good supervisors who are outperforming,have full control and apply pat and prick formula without HR .Please go out of box practically to redefine your role as HR to locate HODs working in shop floors with empathy/emphasize that they are also managing people in and out.In concert with line managers, you can best resolve or taking along with you also these Line managers you jointly will do.
Answer to your problem is in every line, I hope you agree also. Nonetheless, any specific problem can not be replied treating as general issue, it needs resolution based on various touch points, assessments and strategies.

RDS Yadav
Labour Law Adviser

From India, Delhi
First, try to see how much damage is done because of the 'misconduct' of the employee and whether how much 'punishment' you want to give him. However, punishment (i.e. warning, suspension, stoppage of increment, and ultimately termination) should be proportional to gravity of the offence.
For serious punishment, charge sheet is to be given inviting explanation of the employee. If you are not satisfied with the reply, then proceed with domestic enquiry for which an external enquiry officer (mostly an advocate) is to be appointed. Once the enquiry is concluded the enquiry officer would give his report.
Depending on that report, you can decide the quantum of punishment. However, conducting domestic enquiry is expensive as well as time consuming but essential when you are determined to give exemplary punishment for the misconduct.
For more info, you can check my blog -

From India, Kolkata
If he is a union office bearer, taking any disciplinary action will depend so many other factors such as:
the union management relationship - is it congenial or confrontive.
the effect of the punitive action on an union office bearer will have in the your works.
If you decide to take disciplinary action, you may be guided by what Riteshmaity has stated.
bgramesh, hosur

From India, Vellore

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