Union Worker Not Meeting Expectations: How Should We Address This Situation?

Dear sir,

One of our union workers was not doing his work properly and was loitering with other co-workers. What kind of action should be taken against him?

Thank you.

Dear Sir,

One of our union workers, whose duty is to clean the shop floor regularly, is instead loitering with co-workers and not working properly. What kind of action should be taken against him as per the factories act?

Union worker or otherwise, each worker must be at their workplace and complete assigned work. Therefore, action can be taken against the erring employee. However, the question arises: how much time was he loitering? It is not a question of this worker alone. You have written that "loitering with other co-workers." That means a group of workers was loitering. What about their supervisors? Have they made any report to this effect? When did this incident happen? Was it immediately after lunch or a tea break?

With sufficient evidence, the workers can be given a warning. However, legal issues aside, a larger issue from the management science standpoint is the workers' motivation. That is the root cause of the problem. By imposing negative discipline, you may try to correct the behavior of the wayward workers; nevertheless, it may not be a lasting solution. They could relapse.

Thanks,

Dinesh Divekar

Handling Union Worker Disciplinary Issues

Every employee is required to perform their job for which they are paid by the company, and union office bearers are no exception. They are equally liable to uphold discipline like any other employee. However, it is not advisable to immediately resort to disciplinary action as the first option to discipline a delinquent worker, as it may be counterproductive or backfire.

There can be two reasons for this. One is that the delinquent worker is a union activist. The moment you issue a show cause notice, they may claim victimization by management because of their union activities, turning it into an industrial relations issue involving the union and other workers. This may cost your time and energy and may even leave you defenseless if management backs out.

Secondly, the issue may pertain to behavior that does not align with the general discipline of the company. Such behavior may result from flawed thinking or a conditioned mindset that unless they behave in a certain way, they will not be accepted as a union leader by their followers. Thus, coercive action like disciplinary action may bruise their ego, potentially escalating it into an industrial relations issue. Therefore, unless the union is weak and management is strong enough to handle an agitation situation (if one arises), disciplinary action as the first option can be a misadventure.

It is advisable to follow a reformative approach, which consists of calling the union worker for a discussion on the issue, counseling them, and explaining that they need to do their job as it might lead to complaints from staff. You need not plead for them to do their job. If they do not listen, you can serve an advisory memo. If they persist in their unseemly behavior, you can issue a caution letter, and finally, if this does not work, you can issue a show cause notice as a prelude to disciplinary action. Keep a record of all your efforts. You can then inform the other office bearers that you were compelled to resort to disciplinary action due to their defiant conduct.

Regards, B. Saikumar

It is a simple principle that a person is not entitled to his wage or salary unless he performs the tasks assigned to him. All that is done is to operationalize this dictum. The rest of the things take care of themselves.

Addressing Loitering and Indiscipline on the Shop Floor

Loitering is a detrimental habit that impacts the production process and is a root cause of major indiscipline, spoiling the shop-floor culture. Taking coworkers along is an even more harmful act. All workers should be properly assigned, supervised, and made accountable for their work. Supervisors are responsible for ensuring department discipline and manpower control, in line with management's satisfaction and direction. Any behavior that undermines discipline should be tactfully handled first at the department level.

On the shop floor, there are excellent supervisors who are outperforming, maintaining full control, and applying a "pat and prick" formula without HR involvement. As HR professionals, it is important to think outside the box and redefine your role by working empathetically with Heads of Departments (HODs) on the shop floor. They are also managing people in and out. By collaborating with line managers, you can effectively resolve issues or address them together.

The solution to your problem lies in every line of this discussion. However, any specific problem cannot be addressed as a general issue; it requires resolution based on various touchpoints, assessments, and strategies.

Regards,

RDS Yadav
Labour Law Adviser
[Email Removed For Privacy Reasons]

Assessing the Damage and Determining Punishment First, try to assess the extent of damage caused by the employee's 'misconduct' and determine the level of 'punishment' you wish to impose. However, the punishment (e.g., warning, suspension, withholding of increments, and ultimately termination) should be proportional to the gravity of the offense.

Handling Serious Infractions For serious infractions, a charge sheet should be provided to the employee, requesting an explanation. If the response is unsatisfactory, proceed with a domestic inquiry, which requires the appointment of an external inquiry officer, typically a lawyer. Following the conclusion of the inquiry, the officer will submit a report.

Based on the report, you can decide on the appropriate level of punishment. Conducting a domestic inquiry can be costly and time-consuming, but it is necessary when aiming to provide a significant penalty for misconduct.

For more information, please visit my blog - www.labourlawhub.com.

If he is a union office bearer, taking any disciplinary action will depend on many other factors such as:

- The union management relationship - is it congenial or confrontive.
- The effect of the punitive action on a union office bearer will have on your work.

If you decide to take disciplinary action, you may be guided by what Riteshmaity has stated.

bgramesh, Hosur