Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Senior Officer - Hr
Asst Manager Hr
Do their nature of job is also a supervisory role or a workman role? DO they have rights to approve leaves for the fellow workmen, send on duty etc..? If it is so, they will be considered as supervisor under law. Otherwise mere designated as supervisor doesnt term them as supervisor and cannot exclude them from ID act.
At a later point they agreed that they are willing to sign a settlement under workmen category, hence a 18(1) was signed for them which has them designated as Technicians.
If their nature of job is a supervisory role, how can you made them to sign the 18(1) settlement under ID act? Supervisors cannot come under purview of ID act right..!
When this settlement was signed they were under an affiliation union and now they are trying to get registered under with the labour officer stating that they are a Staff union. For evidence they had given the appointment order which says they were Supervisors.
The labour officer has asked the Union to get a bonafide letter from the management with their current designation
Is there any problem in this? Please suggest
I do not understand what the mess is around here..! I dont think you have a good legal advisor who could lead you properly. Consult a good Labour law practitioner and get his advice to get you out of this mess. We may not be able to advise you perfectly on this forum. Need to go through the full history.
Workmen can form a trade union. Allow only one trade union can be registered in your establishment. More than one trade union will again form huge issues in the plant. Majority of the workmen can join and form an union.
29th November 2016 From India, Chennai
In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act.
29th November 2016 From India, Kannur
If you issue such a letter and later on there is any dispute, wherein you have to take a stand that the concerned supervisor is not a workman under the Industrial Disputes Act, then this may go against you since you yourself have been admitting that he is a workman. If he is doing supervisory duties then such a letter should not be issued.
29th November 2016 From India, Pune
30th November 2016 From India, Kannur
Registration of a trade union under the Trade Unions Act,1926 is the duty of the Registrar of Trade unions and the employer has no role in it. Perhaps, with reference to the name clause of the Supervisors' union proposed to be registered, the Registrar might have asked for such a letter to verify the fact whether the signatories to the application are supervisors actually employed in your industry. If you are willing, give it on the basis of the request of the union; otherwise, wait till you receive a letter officially from the officer concerned and reply to him directly. Regarding the issues connected with this thread, I fully endorse all the views of Mr.Madhu.
1st December 2016 From India, Salem
Are the supervisors so designated are actually performing supervisory work? Will the org be able to establish this? If this is true then they will not be able to seek redressal of their industrial dispute as the ID Act will not be applicable to them.
2nd December 2016 From India, Mumbai
3rd December 2016 From India, Chidambaram
7th December 2016 From India, Salem