Can we take disciplinary action against those who are not reported without intimation?

Dear members,

As there is a nationwide strike of drivers on 16th February 2024 and our service is essential, can we take disciplinary action against those who do not report without intimation? If action is necessary, what type of action can we initiate? Currently, they are in the probation period.

I request your valuable guidance in this regard.

V. Venkatesh

Hi Vedullavenkat,

Title: Managing Employee Non-Compliance During Essential Service Strikes

Introduction:
The upcoming nationwide strike of drivers scheduled for February 16, 2024, has raised concerns regarding the impact on essential services. In light of this situation, questions have arisen about the appropriate course of action to address employees who fail to report for duty without prior intimation. This essay aims to provide guidance on the potential disciplinary actions that can be taken against such employees, particularly those in their probationary period.

Analyzing the Situation:
When essential services are disrupted due to a strike, it is crucial for organizations to ensure continuity and reliability in service delivery. Employees who fail to report for duty without providing prior intimation not only disrupt operations but also undermine the organization's ability to fulfill its obligations to the public. In the case of employees in their probationary period, such behavior raises concerns about their commitment to the organization and their understanding of professional responsibilities.

Potential Disciplinary Actions:
In addressing non-compliance by employees during a strike, organizations must consider the circumstances of each case while upholding the principles of fairness and due process. While employees have the right to participate in lawful strikes, they also have a responsibility to adhere to the terms of their employment contracts. For employees who fail to report for duty without intimation during a strike, the following disciplinary actions may be considered:

Verbal Warning:
In cases where the employee's absence is a first-time offense or due to genuine reasons, a verbal warning can serve as an initial reminder of the importance of adhering to work commitments.

Written Warning:
For repeated instances of non-compliance or failure to adhere to organizational policies, a written warning can be issued to formally document the employee's behavior and the consequences of further violations.

Probation Extension:
In situations where employees in their probationary period demonstrate a lack of commitment or professionalism, extending their probationary period may be considered to provide additional time for assessment and improvement.

Termination of Probation:
If the employee's non-compliance is severe or persistent, termination of their probationary period and employment may be necessary to uphold the organization's standards and ensure the continuity of essential services.

Guidance and Conclusion:
In determining the appropriate disciplinary action to take against employees who fail to report for duty without intimation during a strike, organizations should prioritize communication, fairness, and adherence to established policies and procedures. Supervisors and HR personnel play a crucial role in addressing employee non-compliance effectively while upholding the organization's values and commitments to service delivery.

In conclusion, while managing employee behavior during strikes can be challenging, organizations can navigate these situations effectively by maintaining clear communication channels, enforcing disciplinary policies consistently, and fostering a culture of professionalism and accountability among employees. By taking a proactive and fair approach to addressing non-compliance, organizations can uphold essential services and promote a positive work environment for all employees.

The aim is to provide guidance on the potential disciplinary actions that can be taken against such employees, particularly those in their probationary period. I hope this information proves valuable in navigating the challenges posed by the upcoming strike and ensuring the continued delivery of essential services.
Thanks

Initiating an action against a workman employed on probation depends on the standing orders. If you do not have standing orders, then refer to the appointment order. If the appointment order states that during probation, the service shall be terminated without notice, you can proceed to terminate the employee. However, the termination letter should not include any accusations. Instead, it should state, "following clause... of the appointment order or order... of Certified standing orders, your service stands terminated."

If you specify the reason for termination, the order may be considered stigmatic, and the employee should be given an opportunity to present their side. A probationer may be terminated without giving a reason, subject to the terms of the appointment order or certified standing orders.

Ensure a single line break between paragraphs for better readability.

Dear Friend,

As you know, there is a nationwide strike of drivers on 16th February 2024. The employer has to be proactive, as yours is an essential service establishment. On the day before the strike, arrangements should be made for transport, food, and other necessities to retain the minimum required manpower to operate the business.

While you may consider disciplinary action, it may not stand due to legal grounds concerning the safety and security of employees' lives. There have been numerous cases of commuters being manhandled by those participating in the strike.

Targeting probationers may seem like an easy option, but it does not reflect well when others involved in similar misconduct are let off without consequence.

One valid reason for taking action could be the failure to provide information and notice of absence.

Kind regards,

Hi Vedullavenkat,

When dealing with a situation involving a nationwide strike and considering disciplinary action against employees who participate, especially in a country like India with its complex labor laws, it's important to approach the situation with caution and a thorough understanding of legal implications. Under Indian labor laws, the rights of workers to strike are recognized, but there are specific rules and regulations that govern such actions, particularly in the context of essential services.

In India, the Industrial Disputes Act, 1947, and other relevant labor laws provide a framework for resolving industrial disputes, including strikes. The Act requires certain procedures to be followed before a strike is carried out, such as issuing a notice to the employer 6 weeks in advance, not striking within 14 days of giving such notice, and ensuring no strike is held during the pendency of conciliation proceedings and 7 days following the conclusion of these proceedings.

However, for employees in essential services, there might be additional restrictions. The Essential Services Maintenance Act (ESMA) allows the government to prohibit strikes in certain essential services. If the drivers' strike falls under a category protected by ESMA or any similar state legislation, participating employees could face legal action for violating the ban.

Regarding disciplinary action against employees on probation who participate in a strike, it's important to consider the following:

Employment Contracts and Company Policies: Review the terms of employment, especially those related to probationary periods, strikes, and disciplinary actions. Any action taken should be in accordance with these terms.

Notice and Due Process: Ensure that any disciplinary action is preceded by a notice to the employee and an opportunity for them to explain their absence. This is crucial for ensuring fairness and compliance with natural justice principles.

Proportionality: Any disciplinary action should be proportionate to the nature and gravity of the misconduct. Given that the employees are on probation, their terms of employment might allow for more flexibility in taking disciplinary actions. However, it is important to ensure that these actions are not excessively harsh or arbitrary.

Legal and Union Consultation: Before initiating any action, it might be beneficial to consult with legal experts familiar with Indian labor laws and, if applicable, engage in dialogue with the union representing the drivers.

Record-Keeping: Maintain detailed records of all communications, notices, and actions taken in relation to the strike and any disciplinary measures. This documentation can be crucial in the event of any legal challenges.

Given the complexity of labor laws and the potential for legal repercussions, it's advisable to seek specific legal advice from a professional well-versed in Indian labor law. This guidance can help ensure that any actions taken are legally sound and minimize the risk of adverse outcomes.

Regards

Action you can take is based on a number of factors, and without knowing the details, suggestions we make may be erroneous.

There was a nationwide strike. Was this strike related to your industry? If so, were you given notice of the strike? If it was not in your industry, please explain how you were affected.

Did you give a warning to your employees and ask them to ensure that they report to work? Did you warn them of disciplinary action for participating in the strike without advance notice? Did you take steps to assure them of their safety?

If you did not do these things, then any court will consider the dismissal unfair and may reinstate them.