Ban On Use Of Social Media “Unlawful”: Air India Pilots Write To Chairman
The pilot union in its letter mentioned that may be a veiled danger. (Representational)
New Delhi:
Air India-Indian Industrial Pilots’ Affiliation (ICPA) on Thursday wrote to the Air India chairman, declaring that the prohibition on using social media and coverage offered via the airline on this regard is unlawful and violates a basic proper.
“On the outset, we observe with alarm that one of these Coverage offered via Air India is fully unlawful and and not using a foundation in regulation in anyway. By the use of the Coverage, Air India has successfully imposed a blanket ban or prohibition on using social or virtual media via all its workers, together with those who have superannuated,” it mentioned in a letter to the airline’s Chairman and MD (CMD) Rajiv Bansal.
They mentioned that they’ve tested the Coverage offered via Air India and it seems that that the Coverage bars all workers of Air India, each serving and retired workers, from posting any content material on social media, together with however no longer restricted to Fb, Twitter, Instagram, LinkedIn and different such boards.
“At the present, there’s no regulation in India that both empowers and even remotely justifies such an act via an employer, particularly Air India, being a State instrumentality beneath Article 12 of the Charter, to impose one of these blanket ban on using social or virtual media via its workers. The similar, it’s reiterated, is with none foundation or lawful sanction,” the letter reads.
They additional mentioned that may be a veiled danger, imposed at the workers beneath the garb of a collection of pointers and an advisory.
“The existing Coverage offered via Air India, may be, and most significantly, violates the elemental proper of freedom and speech, assured to the workers of Air India, beneath Article 19 (1) (a) of the Charter, being voters of India,” it additional reads.
The union additional mentioned that the coverage, in contrast to social media insurance policies followed via a number of different employers, does no longer even strive to attract a difference between the content material posted all the way through running hours or from the administrative center and that posted after running hours or outdoor of the administrative center.
“As an example, no longer simplest does the Coverage no longer distinguish between content material uploaded via an respectable instrument and a private instrument, the Coverage is going directly to in reality, expressly come with content material uploaded via non-public gadgets of all its workers,” it reads.
The pilot union mentioned that the advent of a coverage is fully remarkable and infringes upon more than a few rights of its workers.
“It has additionally been set out within the Coverage that violation of the mentioned pointers, carrier laws and status orders could be tantamount to misconduct and shall additionally practice to the workers” on-line behaviour and habits on social media or virtual platforms,” the letter added
On this regard, we draw your consideration to the order dated September 27, 2016, handed via the Superb Court docket, in SLP(C) Nos. 12575-12577/2014, through which it’s been categorically recorded as follows, and the questions of regulation were referred to a bigger bench, comprising 3 judges:
“The existing dispute, inter alia, pertains to whether or not Phase 9A of the Business Disputes Act, 1947 would practice to the respondents herein, via distinctive feature of a 1960 Legislation made beneath proviso (b) thereof not having any impact in regulation, because of the advent of The Air Companies (Switch of Undertakings and Repeal) Act, 1994. Via Judgment dated 27.01.2014, the Department Bench of the Bombay Prime Court docket has relied upon a Judgment of this Court docket in Air India Vs. Union of India reported in (1995) four SCC 734, which held that at the entering power of The Air Companies (Switch of Undertakings and Repeal) Act, 1994 with impact from 29.01.1994, Laws made beneath The Air Companies Act, 1953 would additionally come to an finish. This Judgment, as has been famous via the impugned Judgment itself, has been referred to a bigger Bench via an order dated 11.12.2006 in Civil Enchantment No. 5921 of 2006.”
Previous Air India has issued letters to all its serving in addition to retired workers relating to engagement on Social Media or Virtual platforms.
In its coverage the Air India has mentioned has prompt its workers to desist from posting any non-public perspectives contradicting the organisation’s message or on coverage issues associated with the aviation sector.
The tips are legitimate for all sorts of participation on social media, together with oblique participation, when an worker does no longer 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 correct to observe feedback or discussions in regards to the corporate, workers, shoppers and the business posted via workers at the Web.
