Secutity Guard Join In Union

Hi,
We have engaged a security Agency for supply of security guard to our establishment.Now we observed that some of his secirty guard join in our existing union for raising various demand.My query is can security guard of secutity agency join in union.
Kindly advice.

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.

Hi
If security is hired through 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 guards from ur place or you can ask for replacement of that particular Security Guard.

You can raise the distinguishing factor of the security guards being outsourced and are not your employees. The union that they have joined is the union of your permanent employees and hence security guards cannot join that union.

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 give replacement.
Under normal circumstances no trade union will give such contract workers membership. The trade union office bearers seems to have done it due to oversight. However, within the agency they can form trade union because there the bargaining takes place between the guards(the employees) and the Agency (the employer) The best example is the union of G4S Security services.
Regards,
Madhu.T.K

one cannot say that they cannot join a union. It is better to address the issues of the security guards to prevent any mishap from happening. it is advisable to discuss with the contractor and sort out the issues that need attention.

Dear Sir
The security guards who are outsourced by you can join the Union of your regular workers, provided the bye-laws of the Union of regular workers contain a provision for taking them as a member. But 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

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

Dear Mr.Chunki

Contract workers can start a union and organise 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 labour 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 provsions 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.

to mr v. harikrishnan
i would like to know what is the solution when when guards get in to union and raise demand should the agency call it quit or is their sum thing out to be done or should the company cancel the contractor,s contact, or what would be the best in case when guards are not willing to work in such .