Facing Union Intervention: What Happens if Absenteeism Case Goes to Labor Commissioner?

Dear All,

I came across a disciplinary action based on habitual absenteeism. In the midst of this, the union became involved when the employee facing charges responded with a plea to halt the process. Furthermore, the letter stated that if the process was not stopped, it would be submitted for labor reference.

What could be the consequences if the matter is referred to the labor commissioner? Could you shed some light on this matter?

Thank you.

Employee Misconduct and Union Involvement

An employee has taken the wrong approach to safeguard their position, and the involvement of a labor or trade union could damage the employee's image. Habitual absence without any valid reason is considered misconduct under service rules, and the employee must respond appropriately. However, involving the trade union will only complicate the issue.

If management can prove that the absence without notice has resulted in production and monetary losses, the labor commissioner may not support the employee's habitual absence.

However, the employer should consult with a labor counsel, providing the complete attendance record and the reasons given by the employee, to effectively represent the matter.

Regards

Union Involvement in Disciplinary Matters

If such matters are referred to the Labour department officials, nothing is going to happen. The Labour department or the Labour Commissioner is not an authority to deal with such issues, which are purely internal disciplinary matters of the organization. Therefore, let the Union take it to the Labour department. How can the department intervene? Can they say that you should allow absenteeism and other misconduct by employees? Never.

Moreover, this is a machinery for the settlement of disputes, and this is not a dispute in the first instance but just an idiotic display of muscle power and militancy by the Union. Never allow it. I would say let the Union go to the Labour department, and it is good that you will get a platform to discuss the militancy of the workers.

Regards, Madhu.T.K

If a matter is referred to the labor commissioner, the labor commissioner will act as a conciliation officer trying to settle the dispute amicably. If the labor commissioner is unable to settle the dispute, he will refer the dispute to the labor court.

The labor court/industrial tribunal only has the power to adjudicate the dispute.