Greetings. We have a contract workmen Union, and for a long, we have been materializing settlements with the contract labour Union through a common settlement with all 8 contractors. However, we are also signing as a witness. In the meantime, one more Union is also formed by the Contract workmen and we are not sure about the membership each Union has. Now the existing settlement period is over, and both the Unions have given charter of demands and we have been called in conciliation separately for each charter of demands by the Conciliation Officer.
Whatever is negotiated, it is materialized through the contractors but we are signing as a witness. We are also ensuring the presence of the respective contractors during conciliation. It is not sure whether both the Unions will come together for discussions. How to come out of the situation. If we deny discussions, likely chances are there that the workmen may try to stop our operations.
Need your expert advice, please.
From India, Delhi
10Whatever is negotiated, it is materialized through the contractors but we are signing as a witness. We are also ensuring the presence of the respective contractors during conciliation. It is not sure whether both the Unions will come together for discussions. How to come out of the situation. If we deny discussions, likely chances are there that the workmen may try to stop our operations.
Need your expert advice, please.
From India, Delhi
Normally the negotiation will be common for all the unions. If it is a tri partied settlement, then the Conciliation Officer will call all the Unions for negotiation. It is not common that the Principal employer is also made party to a settlement even as a witness because a party signed as witness is deemed to have participated in the process. When a principal employer participates in a discussion of wage settlement of contractors it would be easy for the workers to establish that the contract is sham contract. Anyway, that is not the core of discussion there.
If the Unions do not agree for a joint conciliation, then the labour Officer will have to go for a referendum to know who is the sole bargaining agent and if the other union has any right to give charter of demands and to be made party to a settlement. That will be a process which will always ignite rivalry among the workers and spoil industrial harmony. The contractors who are the real employees in respect of these workers will be just a spectators in the game. The ultimate loser will be the principal employer. Though we can speak about law and say that we do not have to negotiate with the contract workers and if the contract laborers have any concern they can approach their respective employer, the contractors, in practice this will not happen. If they resort to strike, the Principal employer will be the only sufferer. Therefore, the matter has to be handled with care. If the Conciliation Officer is already in picture, then it is advised to follow his advices on this matter.
From India, Kannur
If the Unions do not agree for a joint conciliation, then the labour Officer will have to go for a referendum to know who is the sole bargaining agent and if the other union has any right to give charter of demands and to be made party to a settlement. That will be a process which will always ignite rivalry among the workers and spoil industrial harmony. The contractors who are the real employees in respect of these workers will be just a spectators in the game. The ultimate loser will be the principal employer. Though we can speak about law and say that we do not have to negotiate with the contract workers and if the contract laborers have any concern they can approach their respective employer, the contractors, in practice this will not happen. If they resort to strike, the Principal employer will be the only sufferer. Therefore, the matter has to be handled with care. If the Conciliation Officer is already in picture, then it is advised to follow his advices on this matter.
From India, Kannur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip