contract employee issue contract employee issue

9 months ago

Im working in manpower agency (outsourcing company) we provide security guard to pvt Banks , we shifted one employee to another BR there is issue with improper duty , so BM asked us to replace him , we don't have any opining in another BR so we asked him to move another unit , He complaint in that Bank union Becoz that bank having union , but he is our contract staff , althogh he joint that union and complaint in labour officer

Anik

Responded 9 months ago

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A.Dear client
You should file an objection petition regarding your employee or staff member's membership in a Trade union that was organised and registered on behalf of employees or workers at another establishment. You should also demand before the Commissioner that the Bank employees union, which raised the issue on behalf of an unqualified worker or staff member, have its certificate of registration revoked.
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Vinoth Vino

Replied 9 months ago

However, they claim that since there is a bank contract staffs union, we have the right to inquire of all contract employees. However, as we are third party agency, we offer the manpower (Security guards) in accordance with the bank's three-year agreement. Although ALC also accepts these kind of claims, the identical problems occurred a few months ago, and they issued a notice via ALC. After speaking with them, we revoked and give the job to one person. Now again the Inquiring since the same thing for another default employee , I'm not sure how union members will determine which BRs and who should work.
Also, please let me know sir , how to file an objection petition.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
A contractual employed by a third-party manpower agency can not be a member of a workers/employee trade union that belongs to another company or establishment. So when the complaint reached to Labour Commissioner, you should file an objection petition with regard to membership of your employee/staff in a Trade union which is formed and registered for employees/workers of another establishment and make a demand before the Commissioner for derecognition or cancellation of certificate of registration of the Bank employees union who raised the dispute on behalf of a non-entitled worker/staff. On disposal of the case from the Labour Commissioner, you may take disciplinary action against your errant staff following your rules or employment policy.
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Vinoth Vino

Replied 9 months ago

However, they claim that since there is a bank contract staffs union, we have the right to inquire of all contract employees. However, as we are third party agency, we offer the manpower (Security guards) in accordance with the bank's three-year agreement. Although ALC also accepts these kind of claims, the identical problems occurred a few months ago, and they issued a notice via ALC. After speaking with them, we revoked and give the job to one person. Now again the Inquiring since the same thing for another default employee , I'm not sure how union members will determine which BRs and who should work.
Also, please let me know sir , how to file an objection petition..

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Vinoth Vino

Replied 9 months ago

Even we offer job on another site , but they refuse to accept.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 9 months ago

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A.Dear Sir,
Such employee being your contract staff cannot join union. You may take disciplinary action against your staff and remove him from contract list.
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Vinoth Vino

Replied 9 months ago

However, they claim that since there is a bank contract staffs union, we have the right to inquire of all contract employees. However, as we are third party agency, we offer the manpower (Security guards) in accordance with the bank's three-year agreement. Although ALC also accepts these kind of claims, the identical problems occurred a few months ago, and they issued a notice via ALC. After speaking with them, we revoked and give the job to one person. Now again the Inquiring since the same thing for another default employee , I'm not sure how union members will determine which BRs and who should work

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