Umakanthan53
Labour Law & Hr Consultant
Vishalmgrhr
Human Resource Professional
Vivian Chandrashekar
Aast. Gen. Manager-hr

I am working in Hotel Industry & hotel have an illegal union, which is not registered in name our organization, but same union is registered with the local town union. Hotel illegal union members getting salary >15000/-month & union leader getting >30000/month.

Same union members unnecessarily create a problem against management at the time yearly increment & during other occasion. They whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime because it is our right.

In previous years all are taking advantage of mob and put down management on the toe.

Kindly advice in this matter, how to avoid this situation and what suitable action should be taken to break the illegal union and also to avoid a mob situation because they again and again creating same situation to fulfill his demand.

Kindly review & give suitable advice
3rd November 2016 From India, Haldwani
Under Section 2(ra) read along with Fifth Schedule any Employee or Their Trade Union, cannot advise, actively support or instigate any strike deemed to be illegal under Industrial Dispute Act. This will include coercing other workmen or threatening then to join a strike. Also if a trade union does nor bargain collectively in good faith, it is also Unfair labor practice. It is specifically mentioned that "Gherao" at workplace will amount to illegal confinement and will be subject to IPC and ID Act.
Under Section 25 T and 25 U, any person committing the unfair labor practice is punishable with 6 months jail and 1000 fine.
So take your recourse under Industrial Dispute Act.
For Trade union powers and duties see Trade Union Laws, Registration, Returns & Procedure
3rd November 2016 From India, Kolkata
Dear Vishal,

To me, the post indicates your frustration arising out of poor handling of employee relations. Particularly your observations about the illegality of the Union of employees and their wage scales in this context are quite unfortunate in so far as your role-play as a HR specialist.

In the first place, no union will be an illegal entity just because it is unregistered and its name clause does not indicate the name of the industrial establishment in which its members are employed. Besides, a general workers' union has the locus-standi to represent the member/employees of the industry falling in its territorial jurisdiction.

Secondly, scales of wages/salary can not be the sole index to measure employee satisfaction in an organization. If it were so, episodes like the Maruti-Suzuki unrest would not have happened at all.

Thirdly, your narration about the vociferous behaviour of your employees during crucial business seasons to intimidate the management for annual increment and the management's yielding at the last moment is indicative of the poor handling of industrial relations by the HR.

Finally, you should not forget the adage that there is no smoke without fire. People come to paid-employment not only to eke out living but also to get social identity and status. In the process, they seek humane treatment from the employers at prevailing social standards. If it is readily available and unasked for, no employee would seek to be represented by a third party. Work place dissatisfaction and rude employee behaviour can be due to various reasons such as under-staffing, very loose or tight supervision and control, inadequate or improper grievance handling. So, try to have a dispassionate assessment of the existing conditions of employment. Try to establish effective two way communication with your employees. Without the spontaneous co-operation of the employees, no industry, particularly hospitality industry like yours can prosper in the long-run.
3rd November 2016 From India, Salem
#Anonymous
Dear All ,
Please help me on this matter , An employee is deployed in a manufacturing company by a consultancy as a temporary staff and his salary will be credited by the same consultancy and after 3 years he gets company appointment & appointment day will be monday.Now my question is the employee who gets the salary from consultancy whether it will be paid till saturday or sunday(which is his weekly off day) .
Thank You in advance .
Regards,
Tasmiya .
4th November 2016 From India, Bangalore
Dear Tasmiya,
Hope that you will agree with me that the term " weekly off " refers to the seventh day ( of rest) following six days of work. Therefore, generally termination of employment immediately after the day of weekly off can not disentitle payment of salary for that day. Particularly in your case, since the day of appointment and the day of joining is the same i.e monday, you have to pay for the last spell of employment through the consultancy including the previous day of weekly off.
4th November 2016 From India, Salem
Dear Vishal,

It is withing your right to call any association as illegal as long as you don't recognize it. Further according to you that "they take advantage of mob and put down management on the toe". You have right to approach the Police if a mob intimidate you and management. You can also approach the Civil court against such mob agitating or disturbing you or your clients movements. Further according to you ''whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime''. You and your management is not tough in disallowing trespass and you are not initiated any action till now and your weakness is mob strength. Under stand your rights and ensure your rights are not taken away by any one. You need to look into how you manage your workforce, training other inputs collecting systems if you want to fight a mob or else you know the result if not handled properly.

Vivian Chandrasehkar

Advocate and Management consultant

Ph: 9916138191
4th November 2016 From India, Bangalore
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