Can a trade union suspend its employee whose name is in the police chargesheet? On those grounds, workers can be suspended from the union?
From India, Mumbai
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From India, Mumbai
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Dear Mr. Dilip, Your question is very vague and needs clarity.
Reply based on my assumption:
Instance 1:
If an office bearer or a member of a registered trade union (TU), whose name is included in the charge sheet as well as in the FIR for any criminal charges under the IPC, extends their support for their union by participating in public rallies, hunger strikes, stage demonstrations, human chain activities, or any intrusions organized by their union, the union will not suspend them but will support them by engaging an advocate to assist in their case and safeguard them from punishment.
Instance 2:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for any criminal charges under the IPC related to personal accusations, the union will not suspend them but will support them by engaging an advocate to assist in their case and safeguard them from punishment, based on the member's request or contributions, or their position or title held.
Instance 3:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for criminal charges under the IPC related to malpractices, fraudulent activities, misappropriation of funds, embezzlement, fraud, insider trading, money laundering, tax fraud, or other crimes that damage the union's brand image, affect internal spirits, and contravene ethical codes, the union will suspend them and take necessary legal action, regardless of their contribution or position.
Instance 4:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for criminal charges under the IPC related to malpractices, fraudulent activities, misappropriation of funds, and the accusations are made by their employer, the union will support them by engaging an advocate to assist in their case and safeguard them from punishment, regardless of their contribution or position.
Please let me know if you need any further clarification.
From India, Madras
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5Reply based on my assumption:
Instance 1:
If an office bearer or a member of a registered trade union (TU), whose name is included in the charge sheet as well as in the FIR for any criminal charges under the IPC, extends their support for their union by participating in public rallies, hunger strikes, stage demonstrations, human chain activities, or any intrusions organized by their union, the union will not suspend them but will support them by engaging an advocate to assist in their case and safeguard them from punishment.
Instance 2:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for any criminal charges under the IPC related to personal accusations, the union will not suspend them but will support them by engaging an advocate to assist in their case and safeguard them from punishment, based on the member's request or contributions, or their position or title held.
Instance 3:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for criminal charges under the IPC related to malpractices, fraudulent activities, misappropriation of funds, embezzlement, fraud, insider trading, money laundering, tax fraud, or other crimes that damage the union's brand image, affect internal spirits, and contravene ethical codes, the union will suspend them and take necessary legal action, regardless of their contribution or position.
Instance 4:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet as well as in the FIR for criminal charges under the IPC related to malpractices, fraudulent activities, misappropriation of funds, and the accusations are made by their employer, the union will support them by engaging an advocate to assist in their case and safeguard them from punishment, regardless of their contribution or position.
Please let me know if you need any further clarification.
From India, Madras
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A member of a trade union cannot be suspended from the union for being named in a police complaint. Such a person, at best, is only an accused and has not been held guilty. To suspend the person from the union, particularly at this instance where the person needs the union the most, will be a serious blow to the member concerned.
However, if the person has acted against the interests of the union or got involved in intra-union rivalry and took the law into his own hands, then the person concerned can be suspended from the union for engaging in anti-union activities, not necessarily for being named in the police charge sheet. Since the nature of the alleged criminal act is not mentioned, in case it was a private quarrel and the union was not involved, it is better to await the outcome of the matter.
From India, Mumbai
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However, if the person has acted against the interests of the union or got involved in intra-union rivalry and took the law into his own hands, then the person concerned can be suspended from the union for engaging in anti-union activities, not necessarily for being named in the police charge sheet. Since the nature of the alleged criminal act is not mentioned, in case it was a private quarrel and the union was not involved, it is better to await the outcome of the matter.
From India, Mumbai
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(Fact Checked)-The reply is correct. It is important to differentiate between being accused and being proven guilty before taking any disciplinary action. (1 Acknowledge point)
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(Fact Checked)-The user's reply contains accurate information regarding the scenarios where a trade union may or may not suspend an employee based on criminal charges. No corrections needed. (1 Acknowledge point)