Nathrao
Insolvency N Gst Professional

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Hello all,
I am working as a HR executive in paint manufacture company. the company is having over all 75 manpower out of them 20 are workers and they have a union. Workers are not following the shift timings and living their workplace 2 hours early since 3 months. Regarding this I have already issued them a warning Letter earlier & started deducting their salary under " no work, no pay clause" but till date there is no improvement. 3 days ago I have issued them a show cause notice but non of them replied me yet. Now the management wants to suspend them. please suggest me what to do in this regards also can I suspend them without domestic inquiry?
Regards
Roma Sharma
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Hi,
Now you call domestic inquiry with union member along with worker and then issued suspend order
Dear Madam,
First check if Employment Standing Orders Act is applicable to your establishment. ( It applies to the establishment having 100 workmen. (In Maharashtra, applies to 50 workmen).
If yes, it provides for suspension pending Chargesheet / Enquiry during which you have to pay worker subsistence allowance at 50% of wages.
Even if the Act does not apply, you can still do it as a principle . Issue Chargesheet immediately as well as hold the enquiry which should be finished in three months time.
The woman can remain suspended till the enquiry is finished and orders issued.
Regards,
Vinayak Nagarkar
HR- Consultant
Without prejudice to the workmen action, and the reason behind such act on the part of workmen, you are justified in deducting 2 hours wages every day,for the 2 hours they did not work. If you’re Standing Order provides for deduction of 8 days penal charges, for concerted action by 10 or more workmen, then impose /deduct 8 days wage cut as penal deduction, after putting up a notice / final warning in this regard. Besides issuing Show cause notice, please also raise an Industrial Dispute, from the Management side, before the Conciliation Officer of your jurisdiction. Once conciliation is initiated, Conciliation Office will advice the workmen to restore status quo / normalcy, that is leaving the work spot 2 hours early should be restored. Failing which the action / work stoppage becomes illegal under ID Act.
During the conciliation proceedings, it may be easy to settle the issues and restore normalcy, failing which the Conciliation officer has to refer the case for adjudication.
Do not suspend them and precipitate the issue as an Industrial Dispute , eventually as raised by the workmen / union.
What could be the reason for refusing to follow shift timings?
Shifts are common in all factories.
Management needs to sit across with the workers and find out the real issue plaguing the workers
The procedure for disciplinary action is simple and clear.
All aspects need to be considered, before any steps are taken which will lead to strike and breakdown in production.
However it does not mean indiscipline will be overlooked or tolerated.
Strike a balance between carrot and stick.
As far as suspension is concerned, suspension and subsistence allowance go hand in hand.
Thank you all. Your answers will help me resolve this issue.
Another question is that the total manpower in my company is only 75 people, so is the certified standing order necessary? And if so, please help me to make this as there is no certified order in the company so far.
Regards
Roma Sharma
after giving showcase notice and different disciplinary action to them if they are not improve their attitude . you can give effect on poor performance and less pay against total productivity due to left workplace before 2 hours duty time.
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