Unfair labour practice
ak sharma
(Querist) 08 October 2011
This query is : Resolved
in a merger scenario if management of a company - to break a recognized union threatens workers and on the name of pay rise converts 80% workers into managerial grade - is the step challangebale by law and can authorities order reversal of the process.
R.Ramachandran
(Expert) 08 October 2011
You have to be very clear.
Whether the management is giving pay hike equivalent to Managerial grade or in fact promotes the persons to Managerial post.
If the management promotes persons to Managerial post, in fact your union members would be ready to accept and may not support you. The management is also not doing anything wrong in any way.
On the contrary, if the management is giving higher pay equivalent to the pay being given to Managerial post, then unless the persons are designated as Executives (Managers), the worker will continue to be a worker and there will be no change in their position. Therefore, you would not have any case at hand to protest at all.
Raj Kumar Makkad
(Expert) 08 October 2011
Management is within its right to promote its employees to managerial posts subject to its rules and on the other hand promoted employees are also entitled to demand promoted salary and other benefits in present as well as in future.
Vijayarajan
(Expert) 08 October 2011
Dear Sir,
Your question is not at all clear. But i think the case is the management take a step to include the majority of workers in the managent category to exclude them from the definition of 'workmen'. I think mnagement has a right to promote the workers to management category.
Guest
(Expert) 09 October 2011
If the management does any motivational action in favour of the mass scale of workers, what sort of problem rests with the union? Even if the workers scales are being upgraded to that of the managers, there should not be any objection on the part of the unions. Naturally, if the workers are promoted as managers, they would not do jobs of workers. So, it cannot be said that no worker will be recruited in future to do the operational jobs. In any of these cases, the action of the management cannot be treated as unfair labour practice.
