Staggering Weekly Offs: How Should We Address Union Concerns with Short Notice Changes?

Dear Seniors, Our management has decided to start staggering weekly offs in our organization. We are a company with 2000 employees. The notice of change under the ID Act - Section 9A has been given, but only with a 3-day notice. The union has expressed their resentment through a written letter to the management. The union is not ready to work on Thursdays (our current weekly off). Please provide your learned inputs...

Dear Prashant,

What can one say about this?

It is commendable that the management has given a Notice of Change under the ID Act. Many employers do not even comply with such minimum requirements under the Act. One can find queries where HR wants help in drafting a circular on such things, rather than seeking assistance for effecting a change. They think that the organization has every right to change such working conditions without any legal compliance being found necessary.

On the other hand, what was the necessity to implement in such a hurry? Was it based on some prior understanding, agreement, or settlement?

Partial compliance with a provision is no compliance.

Warm regards.

Dear Sir (Mr. Raj Kumar Hansdah), Management thought that once a notice is given to the Union, the Union may bring a stay on the desired change. So, under the stay situation, the management will not be able to carry out the 7-day production plan and the production schedule.

To be very honest, it is a requirement of the company to have a 7-day working week, and the company is not denying any weekly off to anybody. In my personal opinion, the union should support management; only then can we grow!

Thank you.

Dear Prashant, The management is well within its right to implement a staggered weekly off if the situation demands it. The only requirement is to provide proper notice.

Thank you.

Dear Prashant,

As Mr. Rajkumar said, what was the necessity to implement in such a hurry? Was it based on some prior understanding, agreement, or settlement? However, if you want to go for a change in service conditions:

1. Incorporate it in the Long Term Settlement and complete necessary statutory formalities before implementing.
2. If LTS is far away, then call the union for negotiation, incentivizing them to agree to the implementation of a 7-day work week. If they agree, complete Form B and begin implementation.
3. If both options are not possible, complete the necessary statutory formalities; i.e., Change of Service Condition notice, Form 11 (Period of work), and start implementing.
4. If the union files a 2K petition before Conciliation, appear and obtain a favorable order.
5. If no favorable order is received, challenge it before the High Court and continue working.

Regards,

Udayakumar G [Phone Number Removed For Privacy Reasons]

Impact of Staggered Weekly Offs

If an organization is opting for staggered weekly offs, it will lead to increased output, revenue, and the requirement for additional manpower due to an extra day of work. If these factors are not present, there is no need for staggered weekly offs.

Therefore, in the shop floor sections where this change is being implemented, an extra allowance shall be provided as an interim measure to those who choose staggered weekly offs. This allowance will be integrated into the wage structure in the subsequent Long Term Settlement (LTS).

Regards,
M. Venkatraghavan.

Dear Prashanth, I fully agree with Mr. Prashanth. In our industry, we introduced the staggered holiday system during the course of wage settlement. Initially, they opposed it, expressing their difficulties during the weekly change in shift. We convinced them about the importance of production, wastages in production, profitability, company's survival, etc., and succeeded.

Discussion and Justification

In my opinion, it is better to have a discussion and justify the implementation of the staggered holiday with all facts and figures and be transparent in your dealings. The last resort is a legal battle. It drags for years.

Regards,
G.K. Manjunath, Manager-HR

Notification Requirements Under the ID Act of 1947, Section 9A

As per the ID Act of 1947, Section 9A:

- Without giving workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change.
- Within 21 days of giving notice, or no notice shall be required for:
1) Where any change is effected in pursuance of any settlement.

Please ensure proper notification is provided to the workmen as required by law.

It is better that management discusses with the union and employee representatives before giving notice to them. The union must act according to the company's standing, taking into consideration the views of the employees in this regard. Otherwise, consult with a lawyer to highlight the issue at your local labor office for a better solution.

Regards,
Basanta

Union Notice and Company Transparency

Giving the union 3 days' notice makes it seem as if the company was trying to hide something.

If the staggered off will result in better company performance, then perhaps this means the workforce can grow, or wages can increase?

If the union had been shown that this move would benefit the workers, then they would be much more supportive.

Union Involvement in Leave Management

Can the union be involved in managing the leaves? For instance, by allowing workers to choose which day they want off?

It's amazing to think that a factory with 2000 workers has a management team that believes they can run the plant and make changes without the support and concurrence of the union. A change in the weekly day off is a significant adjustment, especially considering the impact on the social lives of the workers. Your management is just asking for labor trouble and possibly a strike.