Hi, we have engaged a security agency for the supply of security guards to our establishment. Now, we have observed that some of their security guards have joined our existing union to raise various demands. My query is, can security guards from a security agency join a union? Kindly advise.
From India, Calcutta
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21From India, Calcutta
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Any workman hired thru contractor can’t join trade union.there is no specific posts defined in trade union act for trade union for workman in same organisation and they can join.
From India, Delhi
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From India, Delhi
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If security is hired through a security agency, then you can speak with your contractor. He will take the necessary action against the security guards. Either he can remove that security guard from your place, or you can ask for a replacement of that particular security guard.
From India, Bangalore
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From India, Bangalore
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Distinguishing Outsourced Security Guards from Permanent Employees
You can highlight the distinguishing factor that the security guards are outsourced and not your employees. The union they have joined is meant for your permanent employees; therefore, security guards cannot join that union.
From India, Mumbai
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You can highlight the distinguishing factor that the security guards are outsourced and not your employees. The union they have joined is meant for your permanent employees; therefore, security guards cannot join that union.
From India, Mumbai
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Since the security guards are engaged by a contractor (security agency), there exists no employer-employee relationship between you and the guards. Therefore, you can ask the agency to call them back and provide a replacement.
Under normal circumstances, no trade union will grant membership to such contract workers. The trade union office bearers seem to have allowed it due to an oversight. However, within the agency, they can form a trade union because the bargaining occurs between the guards (the employees) and the Agency (the employer). A prime example is the union of G4S Security Services.
Regards,
Madhu.T.K
From India, Kannur
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Under normal circumstances, no trade union will grant membership to such contract workers. The trade union office bearers seem to have allowed it due to an oversight. However, within the agency, they can form a trade union because the bargaining occurs between the guards (the employees) and the Agency (the employer). A prime example is the union of G4S Security Services.
Regards,
Madhu.T.K
From India, Kannur
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Addressing Union Membership for Security Guards
One cannot say that security guards cannot join a union. It is better to address the issues of the security guards to prevent any mishaps from happening. It is advisable to discuss with the contractor and sort out the issues that need attention.
Regards,
From India, Pune
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One cannot say that security guards cannot join a union. It is better to address the issues of the security guards to prevent any mishaps from happening. It is advisable to discuss with the contractor and sort out the issues that need attention.
Regards,
From India, Pune
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Dear Sir,
The security guards who are outsourced by you can join the Union of your regular workers, provided the by-laws of the Union of regular workers contain a provision for taking them as a member. However, the crucial difference is that the Union of your regular workers cannot negotiate with your management regarding the issues of the security guards as your management is not the employer. In their case, the negotiation could be with the agency supplying the security guards.
With regards,
From India, Madras
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The security guards who are outsourced by you can join the Union of your regular workers, provided the by-laws of the Union of regular workers contain a provision for taking them as a member. However, the crucial difference is that the Union of your regular workers cannot negotiate with your management regarding the issues of the security guards as your management is not the employer. In their case, the negotiation could be with the agency supplying the security guards.
With regards,
From India, Madras
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Dear Sir, Can Contractor Workers build-up their Union? If Yes , Then should a management participate in their negotiation while it is tripartite(Union,Contractor and State) negotiation? Chunki
From India, Delhi
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From India, Delhi
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Dear Mr. Chunki,
Contract workers can start a union and organize it. The Constitution of India confers on Indians the fundamental right of freedom of association. Whether the management should or should not participate in the tripartite negotiations depends on the facts and circumstances. No hard and fast rule can be stated on the issue raised by you. The management may have to participate in the tripartite negotiations at least to inform the Government that they are not the employers of contract labor and that the contractor is the employer. The management, in the negotiations, could tell the Government officials that they (the management) had complied with the provisions of the Contract Labour (Regulation and Abolition) Act. At least for the above-stated purposes, the management may have to appear before the Government. Apart from these issues, if the circumstances are such that the management has to play a role in the negotiation for any specific reason, then the management can take a decision on this issue depending on the pros and cons of participating.
From India, Madras
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Contract workers can start a union and organize it. The Constitution of India confers on Indians the fundamental right of freedom of association. Whether the management should or should not participate in the tripartite negotiations depends on the facts and circumstances. No hard and fast rule can be stated on the issue raised by you. The management may have to participate in the tripartite negotiations at least to inform the Government that they are not the employers of contract labor and that the contractor is the employer. The management, in the negotiations, could tell the Government officials that they (the management) had complied with the provisions of the Contract Labour (Regulation and Abolition) Act. At least for the above-stated purposes, the management may have to appear before the Government. Apart from these issues, if the circumstances are such that the management has to play a role in the negotiation for any specific reason, then the management can take a decision on this issue depending on the pros and cons of participating.
From India, Madras
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To Mr. V. Harikrishnan,
I would like to know what the solution is when guards join a union and raise demands. Should the agency consider quitting, or is there something else that can be done? Should the company cancel the contractor's contract? What would be the best course of action when guards are unwilling to work under such conditions?
Thank you.
From India, Mumbai
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I would like to know what the solution is when guards join a union and raise demands. Should the agency consider quitting, or is there something else that can be done? Should the company cancel the contractor's contract? What would be the best course of action when guards are unwilling to work under such conditions?
Thank you.
From India, Mumbai
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Union Formation by Outsourced Security Agencies
1) Can an outsourced security agency form a union within the establishment?
Union Formation by Outsourced Employees
2) Can employees outsourced from Company X, who are receiving wages, P.F., and E.S.I. from the contractor, form a union? How will it affect the principal employer?
From India, Ahmadabad
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1) Can an outsourced security agency form a union within the establishment?
Union Formation by Outsourced Employees
2) Can employees outsourced from Company X, who are receiving wages, P.F., and E.S.I. from the contractor, form a union? How will it affect the principal employer?
From India, Ahmadabad
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Participation of Security Staff in Trade Unions
Can a security guard and supervisor join and participate in trade union activities in a hospital setup? Can you suggest some case studies or books where security staff can join the trade union if allowed? Please guide.
Thanks,
Regards,
Shrinivas Pattar
[Email Removed For Privacy Reasons]
From India, Pune
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Can a security guard and supervisor join and participate in trade union activities in a hospital setup? Can you suggest some case studies or books where security staff can join the trade union if allowed? Please guide.
Thanks,
Regards,
Shrinivas Pattar
[Email Removed For Privacy Reasons]
From India, Pune
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