Dear all,

I) We were having a mutual understanding with union that, company will take a mediclaim policy for all unionised workers. It was before agreement signing. It was not included in final agreement. Now, our Corporate office is not ready to take mediclaim policy as it is not in Agreement. Before signing a agreement, I was one part, who had committed for Mediclaim Policy.Others two had left the company. We were having a MOU signed on plain paper.

What should I do?

II) One of Unionised worker is not reporting on duty from 1.04.2008. We have send warning letters, show cause notices to his native place, but it was came back saying the unavability of this person. If we suspend him, we have to face Enquiry officer, GLO & court. So, we have decided not to any action. Union was also informed in this case.

My question is, as this employee is eligible for gratuity, whether his absent period is calculated in Gratuity calculation.

Also, I am waiting for your suggestions for both the cases.

Thanks,

Vijayraj

Vijayraj,

If the agreement to take out a mediclaim policy is in writing in the MOU but "got left out" in the final agreement, the legal position that can be taken by the company is that the union 'gave it up' while 'reaching an agreement'. HOWEVER, you should put these facts, in writing, before your corporate office so they have the facts and take the decision, including the consequences of the decision. But I wouldnt suggest that "you also run away like the other two". That would neither be necessary nor professional!

Regards,

Benjamin

B/W reply only answered one point,second of gratuity remains pending...So,my suggested treatment is as under:-

* Employee remained absent without any information
* He has not replied Co.letters so far
* Co.has done statutory action by issuing SCNs to the address provided by employee,not only informed Union as well...

Decision:-
* He is eligble for Gratuity upto the period he worked
* Co.should boldly inform GLO with all unreplied letters,also inform GLO that due to this ACUTE CASE OF BAD CONDUCT Co. is terminating services after giving sufficient opportunity ..Thats all...And Co is ready to deposit his whatever dues with GLO office.../Lab court...