PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
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Madhu.T.KYou cannot re issue an appointment order already given to employees. But if your concern is to change the service conditions, you can do it by sending a common office order to all employee concerned. If the new conditions of services are common to all, you can put it in the notice board. Obviously, any change which is going to make the service better than before would be earlier to make and you may find it difficult to make any change which is not favourable to the employees.
In respect of employees who are not having any supervisory and managerial powers (not simply by designation but by function) then you have to give such notice as per section 9A of the Industrial Disputes Act before 21 days of making such changes. Without this you cannot change the conditions of service.
From India, Kannur
AnonymousChange of service conditions in terms of reissuance of fresh appointmnet letter to all employees /wokrmen covered under ID Act, in supersession of the exisitng one ,calls for certain rituals being fulfilled under ID Act 1947. Notice under section 9A of ID act 1947 to be issued and eventually such act of employer will become an industrial dispute so as to be ceased siezed by the Conciliation officer ( Govt Labour Department) at the behest of the union or by a joint petition being preferred by the concerned employees.
The employer needs to justify the changes contemplated, probably in a changed context .If the conciliation procedings fails the dispute will be referred by the concilaition officer/appropriate Govt for adjudictaion before a labour court/tribunal .Alternatively if certified standig orders are available ,then employer may seek to modify the standing orders by approaching the certifying officer appointed by the government. This is also an equally tricky process as the union will be required to have thier say, i.e objection /reservation if any. The matter will get dragged by counter submissions and rejinders .The certifying officer is empowered to overrule the objections of union/employees and certify changes in favour of employer if the proposed chnages are in cnformity with the model standing ordres duly amended or prevalnt practices in other industries having obtained in recent days
From India, Chennai