Dismissed employee

Ms. Nanthini has initiating an interesting thread. Valuable advice of learned experts/members is sought.

If the employee is a member IC, recognized union, management can add force to its viewpoint since employee is dismissed on charges of grave nature and the employee is routinely engaged in incidences of hurling abuses and threatening life and material damage. Management can take up the matter to remove the dismissed employee from the panel of IC/recognized union. Usually IC/recognized union are under virtual/some influence. These episodes shall help in enquiry and decision.

If any one on the negotiation table conducts in such a manner negotiation can be called off.

If such an individual is an admin advisor of some other Union, management can initiate a lawful action, and agitate to derecognize the union.

Audio/visual recording and witnesses shall be useful.

In case of Sun Phrama murderous attack were launched on managers and company fought and virtually stood alone in market. The company has bettered its revenue, profits, market share, brand equity, brand ranking and is extremely successful.

There is no place for such individuals in society leave alone a union.

On the other hand there is a place (as conceived on other side of the table) as in many cases the negotiators/management responds to only their style and language.  If the labor/HR practices of the company are bad there shall be implications.

 Elected representatives hurl abuses/throw chairs and what elase not in Parliament and are not dismissed.

A dsmissed employee is as good as an outsider. In unions certain percentage of people can be outsiders, as opined by our friend Mr.Kumar doab the management has to prove the same once again by recording the negotiation process and present the same to the Asstant / Deputy / Commissioner of labour and demand for derecognizing the member or the union.

The same time one more important point arises here that knowing his negative approach, bad / negative attitude why the employees are accepting / allowing him to be their leader, the workmen / employees don't have that much faith in their management and they might be feeling that he can do better to them, if that is the case then the management has to rethink about their approach / treatment towards employees.

In general the employees / workers are intillegent and they pretty well know that they need to support the management and have good relationship with the management because ultimately they have to continue in the job and they will get their lively hood once the company is doing well.

Considering all the above points the management has to be more employee / worker friengly and make them understand the problems when they have the negative minded people as their union leaders.

Regards - kamesh

My anaswer will depend upon the fact as to whether employer is Govt or private.

its a private hospital

Please reer to Section 21A of Trade Union Act :-

[21A. Disqualifications of office-bearers of Trade Unions.—(1) A person shall be disqualified for being chosen as, and for being member of the executive or any other office-bearer of a registered Trade Union if—

(i) he has not attained the age of eighteen years;

(ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.

(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.]

²[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964, shall be construed as reference to the commencement of this Act in the said State.]

All members of Trade Union need not be employed by one employer. Read section 22:-

[22. Proportion of office-bearers to be connected with the industry.—(1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unrecognised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected:

Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.

Explanation.—For the purposes of this section, “unorganised sector” means any sector which the appropriate Government may, by notification in the Official Gazette, specify.

(2) Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons acutally engaged or employed in the establishment or industry with which the Trade Union is connected.

Explanation.—For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.

(3) No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected), in the Union or a State, shall be a member of the executive or other office-bearer of a registered Trade Union.]