Facing Challenges with an Illegal Union in the Hotel Industry: How Can We Manage Mob Situations?

I am working in the hotel industry, and the hotel has an illegal union, which is not registered under our organization's name, but the same union is registered with the local town union. The hotel illegal union members are getting a salary of more than ₹15,000/month, and the union leader is receiving more than ₹30,000/month.

The same union members unnecessarily create problems against management during the time of yearly increments and other occasions. They gather in one place on the hotel premises without any prior permission from management, create a mob, and provoke against management. They have stated that if management does not meet their requirements, they will not be present on any festival, holiday, national holiday, or during high guest occupancy, and they will also not do overtime because it is their right.

In previous years, they have taken advantage of the mob situation and forced management to comply with their demands.

Request for Advice on Handling Illegal Union Issues

Kindly advise on how to avoid this situation and what suitable actions should be taken to break the illegal union and avoid a mob situation, as they repeatedly create the same situation to fulfill their demands.

Kindly review and give suitable advice.

Understanding Unfair Labor Practices Under the Industrial Dispute Act

Under Section 2(ra) read along with the Fifth Schedule, any employee or their trade union cannot advise, actively support, or instigate any strike deemed illegal under the Industrial Dispute Act. This includes coercing other workmen or threatening them to join a strike. Also, if a trade union does not bargain collectively in good faith, it is considered an unfair labor practice. It is specifically mentioned that "Gherao" at the workplace will amount to illegal confinement and will be subject to the IPC and ID Act.

Under Sections 25T and 25U, any person committing unfair labor practices is punishable with 6 months in jail and a $1000 fine. Therefore, take your recourse under the Industrial Dispute Act.

For trade union powers and duties, refer to http://tradeunionindia.blogspot.in.

Regards

To me, the post indicates your frustration arising from poor handling of employee relations. Particularly, your observations about the illegality of the union of employees and their wage scales in this context are quite unfortunate, considering your role as an HR specialist.

Understanding Union Legality

In the first place, no union will be an illegal entity just because it is unregistered, and its name clause does not indicate the name of the industrial establishment in which its members are employed. Besides, a general workers' union has the locus standi to represent the members/employees of the industry falling within its territorial jurisdiction.

Employee Satisfaction Beyond Wages

Secondly, scales of wages/salary cannot be the sole index to measure employee satisfaction in an organization. If it were so, episodes like the Maruti-Suzuki unrest would not have happened at all.

Handling Industrial Relations

Thirdly, your narration about the vociferous behavior of your employees during crucial business seasons to intimidate the management for an annual increment, and the management's yielding at the last moment, is indicative of the poor handling of industrial relations by HR.

Addressing Workplace Dissatisfaction

Finally, you should not forget the adage that there is no smoke without fire. People come to paid employment not only to eke out a living but also to gain social identity and status. In the process, they seek humane treatment from the employers at prevailing social standards. If it is readily available and unasked for, no employee would seek to be represented by a third party. Workplace dissatisfaction and rude employee behavior can be due to various reasons such as understaffing, very loose or tight supervision and control, inadequate or improper grievance handling. So, try to have a dispassionate assessment of the existing conditions of employment. Try to establish effective two-way communication with your employees. Without the spontaneous cooperation of the employees, no industry, particularly the hospitality industry like yours, can prosper in the long run.

Regards

It is within your right to call any association illegal as long as you don't recognize it. Further, according to you, "they take advantage of mob and put down management on the toe." You have the right to approach the police if a mob intimidates you and the management. You can also approach the civil court against such mobs agitating or disturbing you or your clients' movements.

Further, according to you, "whole gathered up in one place in the hotel premises without any prior permission of management and creates mob and provoke against management and they said that if management doesn’t fill our requirement then we will not present on any festival, holiday & national holiday & during high guest occupancy & also, will not do overtime." You and your management are not tough in disallowing trespass, and you have not initiated any action till now, and your weakness is mob strength. Understand your rights and ensure your rights are not taken away by anyone. You need to look into how you manage your workforce, training, and other input-collecting systems if you want to fight a mob, or else you know the result if not handled properly.

Regards, Vivian Chandrasehkar

Advocate and Management Consultant

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