How to Handle a Problematic Contract Worker Spreading Misinformation Online?

One of my contract laborers (on contractor roll) is creating issues in the plant and posting incorrect information about the company on Facebook. His intent is always to create problems for management and form unions. I wanted to understand how we can terminate the employee.

Dear Neeraj,

What exactly is the misconduct done by the contract employee? "Creating issues in the plant" is a vague term and does not explicitly describe the nature of the misconduct.

Do you have approved standing orders for your company? If yes, then you may check the list of misconducts mentioned in the orders and find out under what misconduct the contract employee is liable for disciplinary action. If your company does not have approved standing orders, then you may refer to the model standing orders and issue the show-cause notice.

In fact, terminating the services of the contract employee is easy as all that is required is to send a letter to the contractor stating your company does not wish to avail of the service of the particular employee. However, as this contract employee appears to be a troublemaker, you may follow a process of handling the indiscipline.

Thanks,

Dinesh Divekar

There is no contract of employment between a principal employer and a contract laborer engaged through a contractor in his establishment. Therefore, as a principal employer, you cannot assume any disciplinary control over his performance or behavior. If you strongly feel that his presence in your establishment is not desirable because of his activities as mentioned in the post, it is better to ask the contractor to replace him with a suitable substitute.

Purpose of Contract Labor

The whole purpose of having contractors for contract labor is to avoid the hassle of legal procedures associated with permanent employees.

So, all you need to do is inform the contractor (preferably orally) that you no longer want this particular employee, and he needs to be replaced immediately. It will be the contractor's responsibility to take the necessary legal steps.

However, be aware that if this person is trying to form a union, the legal problem may be resolved, but he will likely continue to stir up issues. Therefore, your HR/IR team must be ready to tackle the problems he creates.

Contract Labor and Principal Employer Dynamics in India

In the Indian industry, culturally, contract labor, though engaged through a contractor, often feels like an employee of the Principal Employer. Moreover, most contractors lack knowledge about labor laws, disciplinary procedures, etc. Usually, these contractors, after receiving information from the Principal Employer, inform the contract labor as if it is the decision of the Principal Employer to terminate their job.

Under these circumstances, it is always better to advise the contractor to settle the issue with the contract labor amicably and, if necessary, to pay some token compensation to stop all nuisance activities.

Challenges with Unionized Support

Usually, permanent employees have some mental support towards the contract labor, and if there is a union, it becomes further complicated. This is the reality in most organizations.

Regards, S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions [Phone Number Removed For Privacy-Reasons]