Anonymous
1

Hi, I would like to know clarity on following topics.
1. A contract employee working with HR/IR dept. in the organisation as a executive. Can he legally eligible to join with any labour union.
2. Can any one share me the process flow for initiating domestic enquiry & the charge sheet format.
Regards
Yesh

From India, Hyderabad
Dear friend,
The right to form association or union is a fundamental right under Article 19(1)(c) of our Constitution. Any group of employees may be registered as a trade union under the Trade Unions Act,1926 for the purpose of regulating the relations between them and their employer or between themselves. Therefore, in the same analogy, legally there is no class distinction so far as an employee's joining a trade union. But a trade union is a closed form of entity in so far as its membership is concerned. If the registered bye-laws permit, a contract labor can become its member.
Regarding the answer for your second query, please refer to the existing threads which are abundant in the citehr.

From India, Salem
rkn61
460

A contract employee is legally eligible to join any labour union as per his choice; however, in this case more jurisprudence is required while allowing him to join the trade union, because he is working as executive in IR department of the establishment.
From India, Aizawl
Dear Yash,
For Second part of your Posst regarding "Process flow for initiating Domestic Enquiry (Sequnce Steps) & the charge sheet format ( Draft Format of CS containing 4 Essentail Elements) you may like to learn from us
Harsh K Sharan,
Independent Enquiry Officer Freelance
Kritartth Team
25.5.2020
.
Regards

From India, Delhi
Dear colleague,
While there is no legal bar for contract employee from any department including HR/IR from joining any union. In fact it his legal right.
But it is not desirable for a person to be working in HR/IR dept , as several confidential and sensitive information will be handled relating management's moves in dealing with labour disputes. So , please transfer such a person forthwith to another less critical department.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
A person on contract job can not be a member of union but a workmen engaged under contractor can be a member. Further, workmen can only join in union but not an executive.
From India, Mumbai

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