Can We Terminate a Staff Member Who Joins a Workers' Union? Seeking Guidance on Contract Clause

As per the appointment letter, the technician is in the staff category. Now, this person has joined the workers' union. Can we terminate him as per the appointment letter's clause "Your appointment can be terminated by giving one month notice from either side"?

Please guide.

Please check your definition of Line employees and Staff employees and then correlate with the Standing Order as well as the Model Standing Order of your state/central government. Then, you can easily determine whether a person can join a trade union or not. For your information, all executive unions are also governed by the Society Act and Trade Union Act, similar to workers' trade unions. Please do not be too aggressive just because someone is joining a union. Conduct a root cause analysis of why the person joined, what their future motives may be, and then have a conversation. First and foremost, carefully review the terms and conditions of employment that are outlined in your draft.

Unless otherwise provided in the Standing Orders or the contract of employment, all employees come under one category, that being 'employee'. As such, you cannot have different treatment. Similarly, an employee in the 'staff category' can join a workers' union if they believe their rights will be protected only through that union's representation. If disciplinary action is taken against such an employee, it would clearly indicate that 'workers' are considered part of an underprivileged category, and you do not wish any of your colleagues to be placed in that category.

Regards,
Madhu.T.K

You cannot terminate any person just for this reason. Even the word 'terminate' should be used carefully. To do this, you need to refer to the standing orders. If the employee has committed any act against the company or engaged in any fraudulent activity, they can be terminated for the same.

Ritesh

Yes, we can terminate him based on the above clause with reference to standing orders.

Sachin
9411673444.

Dear,

We ourselves define that he is in the staff category. How can a technician be in the staff category? As per the definition of workmen in the Industrial Dispute Act, a technician is a workman. He works manually and does not have any supervisory powers.

Secondly, joining a union is not illegal. Services cannot be terminated on this ground.

Thank you.

J. S. Malik

A management staff person joining the union means he prefers collective bargaining rather than doing so individually. Take a legal opinion, and if advocate says it's legal, do not give him a raise along with other management staff. Let him wait until wage settlement happens to take a raise.