The pilot union in its letter mentioned that may be a veiled menace. (Representational)
New Delhi:
Air India-Indian Business Pilots’ Affiliation (ICPA) on Thursday wrote to the Air India chairman, stating that the prohibition on using social media and coverage launched by the airline on this regard is unlawful and violates a elementary proper.
“On the outset, we be aware with alarm that such a Coverage launched by Air India is totally unlawful and with no foundation in legislation in any way. By means of the Coverage, Air India has successfully imposed a blanket ban or prohibition on using social or digital media by all its staff, together with people who have superannuated,” it mentioned in a letter to the airline’s Chairman and MD (CMD) Rajiv Bansal.
They mentioned that they’ve examined the Coverage launched by Air India and it seems that the Coverage bars all staff of Air India, each serving and retired staff, from posting any content material on social media, together with however not restricted to Fb, Twitter, Instagram, LinkedIn and different such boards.
“At current, there isn’t a legislation in India that both empowers and even remotely justifies such an act by an employer, particularly Air India, being a State instrumentality underneath Article 12 of the Structure, to impose such a blanket ban on using social or digital media by its staff. The identical, it’s reiterated, is with none foundation or lawful sanction,” the letter reads.
They additional mentioned that may be a veiled menace, imposed on the workers underneath the garb of a set of tips and an advisory.
“The current Coverage launched by Air India, can also be, and most significantly, violates the basic proper of freedom and speech, assured to the workers of Air India, underneath Article 19 (1) (a) of the Structure, being residents of India,” it additional reads.
The union additional acknowledged that the coverage, in contrast to social media insurance policies adopted by a number of different employers, doesn’t even try to attract a distinction between the content material posted throughout working hours or from the office and that posted after working hours or outdoors of the office.
“For example, not solely does the Coverage not distinguish between content material uploaded by means of an official system and a private system, the Coverage goes on to in truth, expressly embody content material uploaded by means of private units of all its staff,” it reads.
The pilot union mentioned that the introduction of a coverage is totally exceptional and infringes upon numerous rights of its staff.
“It has additionally been set out within the Coverage that violation of the mentioned tips, service laws and standing orders could be tantamount to misconduct and shall additionally apply to the workers” on-line behaviour and conduct on social media or digital platforms,” the letter added
On this regard, we draw your consideration to the order dated September 27, 2016, handed by the Supreme Court docket, in SLP(C) Nos. 12575-12577/2014, whereby it has been categorically recorded as follows, and the questions of legislation have been referred to a bigger bench, comprising three judges:
“The current dispute, inter alia, pertains to whether or not Part 9A of the Industrial Disputes Act, 1947 would apply to the respondents herein, by advantage of a 1960 Regulation made underneath proviso (b) thereof now not having any impact in legislation, on account of the introduction of The Air Firms (Switch of Undertakings and Repeal) Act, 1994. By Judgment dated 27.01.2014, the Division Bench of the Bombay Excessive Court docket has relied upon a Judgment of this Court docket in Air India Vs. Union of India reported in (1995) 4 SCC 734, which held that on the approaching into pressure of The Air Firms (Switch of Undertakings and Repeal) Act, 1994 with impact from 29.01.1994, Laws made underneath The Air Firms Act, 1953 would additionally come to an finish. This Judgment, as has been famous by the impugned Judgment itself, has been referred to a bigger Bench by an order dated 11.12.2006 in Civil Enchantment No. 5921 of 2006.”
Earlier Air India has issued letters to all its serving in addition to retired staff concerning engagement on Social Media or Digital platforms.
In its coverage the Air India has mentioned has suggested its staff to desist from posting any private views contradicting the organisation’s message or on coverage issues associated to the aviation sector.
The rules are legitimate for every type of participation on social media, together with oblique participation, when an worker doesn’t personal a profile or social media account however endorses or participates in any content material or debate adversely.
The Coverage additionally states that Air India reserves the proper to watch feedback or discussions concerning the firm, staff, shoppers and the trade posted by staff on the Web.
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