Handling Union Pressure: How to Manage Reemployment Requests After Termination

Hello,

In our company, there is an employee who works as a temporary worker, but the company deducts his PF regularly. However, due to his misconduct, management decided to terminate him. In response, the employee sought assistance from Majdoor Sangh and appealed to rejoin the company.

Kindly suggest how I should handle this type of case.

Regards, Pooja Mishra.

Dear Puja, the ultimate and twin objectives of punishing employees on the grounds of indiscipline are the reformation of the erring employees and deterrence against such tendencies in others. Therefore, punishment should focus solely on addressing the misconduct and not targeting the individual. In other words, the nature of the punishment should be proportionate to the gravity of the proven charges.

Dismissal of an employee on disciplinary grounds, whether they are permanent or temporary, automatically stains their character and impacts their future employability. This act essentially serves as an economic death sentence affecting not only the individual but also their family. Therefore, the reconsideration or adjustment of such severe punishment should be based on the specifics of each case. Given that your post lacks the complete facts of the case, reversal of a dismissal solely based on trade union pressure is not warranted.

In some instances, prolonged temporary employment and mistreatment by supervisors or middle-level managers can drive individuals to negative behaviors, resulting in disciplinary actions and eventual dismissal. It is crucial for management to conduct an unbiased review of the entire situation leading to dismissal and make a decision independent of any pressure exerted by the individual through the trade union.

Kind regards, [Your Name]

Yes, Pooja.

Understanding the gravity of the situation

Read thoroughly the gravity of the mistake done by your worker and be clear that his behavior attracts the final punishment of removal. Please don't consider removing employees as a fancy option. Instead, try correcting with punishments like transfer to risky work zones, deducting salaries, withholding increments, or no promotion for a certain period, etc.

Handling pressure from trade unions

Now, coming to your point, reinstating under pressure from a trade union does not seem like a good sign. However, consider two points here:

1. No trade union would advocate for the reinstatement of a fraudulent employee unless there is a provision for correcting their behavior.
2. Reemploying indicates a re-verification of your actions, indirectly implying so.

Therefore, discuss with the trade union and obtain a written assurance from both parties – the worker and the trade union – not to repeat the same mistakes. Then, take sufficient time to present before the disciplinary committee and management and reinstate if there is a chance of an attitudinal change in the worker. Set a period for observing his working behavior. Ensure that all necessary measures are in place so that in the future, if the worker commits a severe mistake, removing him again won't be the only option.

All the best. Please.