Managing Workmen Discipline and Labor Court Disputes: Expert Insights

Hi,

Can anybody guide if we can take suitable action against workmen in case of indiscipline, non-performance, or absenteeism? We have issued notices to employees in case of indiscipline and other matters, and the workmen have approached the labor court with allegations against the company for mentally harassing him. They are out of control from the Plant Head's hands.

How do we handle these cases?

Thanks

What is the kind of indiscipline/non-performance? Have these workmen been counseled earlier for indiscipline, etc.? Is there any documentation of their acts? What is the mental harassment claimed by the worker in their complaint to the Labor Court? Do you have any trade union in your office/factory? Collect all facts and instances of indiscipline, and then approach the Labor Court to put the company's defense.

Dear,

Whenever an employer finds disciplinary issues with any employee, it's the employer's duty to counsel this employee and try to find out the reason for the same. If after counseling, you find that it's the employee's fault, then you may suggest some corrective actions and issue a verbal warning with a timeline. Even after the end of that period, if you find no changes in the employee, then you may write a warning letter/notice stating all these. Your intention should be to solve these types of issues without issuing any letters/notices.

Moreover, the reason for the indiscipline of employees may be because of the behavior of the Plant Head. If it is so, then you have to make a decision regarding the Plant Head, not the employees. Hence, it is always good to have a counseling session with these types of employees.

Regarding your query, if you have proof of indiscipline by employees, then you don't need to worry if you have issued notices for taking corrective action. But if the notice issued is of separation/termination type, then it should have been governed by the appointment letter issued to them; else, the court may favor them. Remember, every employee should be given a chance to present their side before a decision on separation/termination is made.

Apart from what seniors have mentioned, as an HR professional, please let us know what steps were taken from your office, since you have mentioned that they are out of control from the Plant Head's hand. Sometimes HR plays a pivotal role in resolving matters.

If you have all evidence regarding your corrective steps, then you do not have to worry at all. Please present it to the concerned authority upon their notice or demand.

It appears that in your brief inquiry, you are seeking information on the conduct and discipline rules, as well as the inquiry procedures to be followed by management in any organization.

Could you please specify your position in the organization and how long you have been in that role? Additionally, what is the supervisory/managerial hierarchy above you in the organization?

Furthermore, could you provide details on the type of indiscipline for which notices were issued and how many employees have taken the matter to the labor court?

If the employees are beyond the control of the Plant Head, it suggests that the Plant Head might not be effective in their role and may need to be reevaluated.

Dear Mr. Vandu Sinha,

First of all, your approach in this forum itself is not proper. You are quoting "Hi......". You must realize that this forum is contributed to by senior experts. Your approach should be reasonable, mannerly, and polite. Please improve your language.

You have not quoted any incident on record. You are only asking hypothetical questions, such as "if done," "if happened," and so on. Our friend, Mr. Nathrai, has given his opinion in the right manner and correctly. Unless you give us sufficient feedback, it will be difficult for the contributing members to reply to your query.

Labour courts are there to settle disputes between employees and employers, conciliation matters, non-payment of wages, etc., and not for indiscipline or harassment. For this, Model Standing Orders are already framed under the Industrial Disputes Act, and you can take appropriate steps against employees who violate the company's rules and act indisciplined.

Adoni Suguresh
Labour Laws Consultant

I am working in a pharmaceutical company in Gujarat as an M.R. The company does not have any Standing Orders. When asked, they say that I am not covered under the same; instead, I am covered under the S.P.E. Act. Can a pharmaceutical company operate without standing orders and only be covered by the terms and conditions specified in the Appointment Letter? Please enlighten.

If any industry or factory, where the number of workers exceeds the set limitations, Standing Orders should be compulsory. In cases where Standing Orders are not in place, Model Standing Orders are applicable as stipulated in the Industrial Disputes Act. For the smooth operation of the company, the relevant enactments apply, or the company can establish its own Employment Rules; it is not mandatory to have Certified Standing Orders. Model standing orders serve as guidelines for disciplinary actions and other matters.

Adoni Suguresh
Labour Laws Consultant