As per appointment letter,the Technician is in staff category. Now this person joined workers Union. Can we terminate him as per appointment letter's clause " Your appointment can be terminated by giving one month notice from either side.
pl guide
From India, Mumbai
pl guide
From India, Mumbai
Please Check your definition of Line employees And Staff employees then corellate with Standing Order as well Model standing order of your state/central then you can easily decide that whether a person can join or not a trade union but for your kind information all executive unions are also governed by society act and trade union act just like workers trade unions.. please do not be so much aggressive only because of joining him a union.just make a root cause analysis hy that person joined what may be his future motto then have a talk and first of all read carefully your draft term and conditons of emplyment. ..
From India, New Delhi
From India, New Delhi
Unless otherwise provided in the Standing Orders or the contract of employment, all employees come under one and that is ' employee'. As such, you can not have different treatment also. Likewise, an employee of 'staff category' can join workers union if he feels that his rights will be protected only if he bargains from that union. If you take disciplinary action against such a worker/ employee, it would be a clear indication that ' workers' belong to an unprivileged category and you do not want any of your buddy to go to that category!!!
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
You can not terminate any person just for this reason. Even this word 'terminate' should also be used carefully. To do this you need to see the standing orders. If the employee has done any act against the company or any fraudulent act, he can be terminated for the same.
Ritesh
From India, Gurgaon
Ritesh
From India, Gurgaon
yes we can terminate him on above clause .with refrence to Standing orders Sachin 9411673444.
From India, Bangalore
From India, Bangalore
dear
we ourself define that he is in staff category .how a technician can be in staff category.as per definition of workmen in industrial dispute act technician is workmen./he does work manually does not have any supervisory powers .
secondly joining union is not illegal.services can not be terminated on this ground.
tks
j s malik
From India, Delhi
we ourself define that he is in staff category .how a technician can be in staff category.as per definition of workmen in industrial dispute act technician is workmen./he does work manually does not have any supervisory powers .
secondly joining union is not illegal.services can not be terminated on this ground.
tks
j s malik
From India, Delhi
staff may not join the workers union.there is a settle law of supreme court.workers service condition,wage scale,model standing order and nature of work is different.staff is suppose to supervise the workers and maintain the discipline.but once he join hands with the workers then who will do the administrative job.so he can not join with the workers union.
thanks
s.n.yelgawakar
From United States, New York
thanks
s.n.yelgawakar
From United States, New York
A Management Staff person joining the union means he preferes collective bargaining rather than doing so individually. Take a legal openion and if advocate says its legal, do not give him a rise along with other management staff. let him wait till wage settlement to happen and take a rise.
From India
From India
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THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf
Performance Appraisal Form for Staff.doc