Dear Friends,
I am recently got an oppourtunity as Labour welfare officer. As of now in my company there are lot of disputes going on between the management and the workers.Like salray hike,requesting for workers union & death compensation.... etc. The workers went on strike demanding their requests. The mananagement wanted to put an agreement with the employees staing the mutual beneficial conditions for 1 year time sapn. The employees too agreed but they not willing to the sign the document in the stamp paper or green sheets. According the to the Industiral disput act we need send the copy of the agreement to the goventment officials.
My query is regaring the stamp paper? Can we enter into agreement with ordinay sheets and sent it to the government? I fear that if agreement is not valid the trouble makers in our compay would again go on strike demanding unresanoble requests before the argeement date is closed.
Kindly give your feedback regarding agreement. is it good decision to take? or can we compromise the employees without agreement and settledown with out industrial disputes act.
From India, Madras
I am recently got an oppourtunity as Labour welfare officer. As of now in my company there are lot of disputes going on between the management and the workers.Like salray hike,requesting for workers union & death compensation.... etc. The workers went on strike demanding their requests. The mananagement wanted to put an agreement with the employees staing the mutual beneficial conditions for 1 year time sapn. The employees too agreed but they not willing to the sign the document in the stamp paper or green sheets. According the to the Industiral disput act we need send the copy of the agreement to the goventment officials.
My query is regaring the stamp paper? Can we enter into agreement with ordinay sheets and sent it to the government? I fear that if agreement is not valid the trouble makers in our compay would again go on strike demanding unresanoble requests before the argeement date is closed.
Kindly give your feedback regarding agreement. is it good decision to take? or can we compromise the employees without agreement and settledown with out industrial disputes act.
From India, Madras
Dear
As you are saying employees are not interested to sign in the agreement. It is better 4 u and management. Verbal agreement don't have any meaning in legal dispute. but if u make anything in written if u will not full fill all the points then employees can go for labour court with that copy.
so better agree with the verbal discussion.
Ratikanta Rath
From India, Durgapur
14As you are saying employees are not interested to sign in the agreement. It is better 4 u and management. Verbal agreement don't have any meaning in legal dispute. but if u make anything in written if u will not full fill all the points then employees can go for labour court with that copy.
so better agree with the verbal discussion.
Ratikanta Rath
From India, Durgapur
Thanks Ratikanta for you thread.
I only fear if we settle down with verbal discussion, again in few months time few notorious employees would make again unresonable petitions so only we decided put an agreement for atleast one year mentioning that employees should not do illegal activities like strike, go slow activities etc.
Reg agreement can we enter the agereement in ordinary A4 sheets????? is it legally valid. Usally for govt purpose green sheets (Legal 8.5 x 14) would be used instead of bond papers.
From India, Madras
I only fear if we settle down with verbal discussion, again in few months time few notorious employees would make again unresonable petitions so only we decided put an agreement for atleast one year mentioning that employees should not do illegal activities like strike, go slow activities etc.
Reg agreement can we enter the agereement in ordinary A4 sheets????? is it legally valid. Usally for govt purpose green sheets (Legal 8.5 x 14) would be used instead of bond papers.
From India, Madras
Dear,
As per your thread i am feeling there is no ongoing Union activities running in your organisation, which is good for Your management. To make a strike and Lock out there are some procedure, if any employee not following the procedure then it will be called illegal strike and on that basis u not only terminate that employee but also u can take legal action against him. Generally no management like to start Union activities in company because employees demand never stop and they will take strike as a weapon for them. So better give them verbal assurance and full fill all there demands for better Industrial Harmony.
Second thing even if u take all the points in a plain paper and signed by both the party(employeer & employee) with witness signature from both the end can also be treated as a legal evidence.
Ratikanta Rath
From India, Durgapur
As per your thread i am feeling there is no ongoing Union activities running in your organisation, which is good for Your management. To make a strike and Lock out there are some procedure, if any employee not following the procedure then it will be called illegal strike and on that basis u not only terminate that employee but also u can take legal action against him. Generally no management like to start Union activities in company because employees demand never stop and they will take strike as a weapon for them. So better give them verbal assurance and full fill all there demands for better Industrial Harmony.
Second thing even if u take all the points in a plain paper and signed by both the party(employeer & employee) with witness signature from both the end can also be treated as a legal evidence.
Ratikanta Rath
From India, Durgapur
Dear Mr.David
The agreement with the workmen need not be on stamp paper. But the agreement should comply with the provisions of Rule 25 of the Tamilnadu Industrial Dispute Rules. I have referred to the Tamilnadu Industrial Dispute Rules as I presume that your company should be situate in Tamilnadu and that the appropriate Government for your company under the Industrial Disputes Act is the Government of Tamilnadu. In case the appropriate Government for your company under the Industrial Disputes Act is the Central Government please refer to the corresponding provisions under the Industrial Disputes (Central) Rules. If your company is in some other State and if the Government of that State is the appropriate Government for your company please refer to the similar provisions in the Rules under the Industrial Disputes Act framed by that Government. Various High Courts have held that if the settlement under the Industrial Disputes Act are not signed according to the provisions of the Industrial Disputes Act and the Rules framed thereunder, then the settlement becomes illegal.
With regards
From India, Madras
The agreement with the workmen need not be on stamp paper. But the agreement should comply with the provisions of Rule 25 of the Tamilnadu Industrial Dispute Rules. I have referred to the Tamilnadu Industrial Dispute Rules as I presume that your company should be situate in Tamilnadu and that the appropriate Government for your company under the Industrial Disputes Act is the Government of Tamilnadu. In case the appropriate Government for your company under the Industrial Disputes Act is the Central Government please refer to the corresponding provisions under the Industrial Disputes (Central) Rules. If your company is in some other State and if the Government of that State is the appropriate Government for your company please refer to the similar provisions in the Rules under the Industrial Disputes Act framed by that Government. Various High Courts have held that if the settlement under the Industrial Disputes Act are not signed according to the provisions of the Industrial Disputes Act and the Rules framed thereunder, then the settlement becomes illegal.
With regards
From India, Madras
Respected Sir,
Thanks for your reply. I tried sending an email to the above mentioned id elobrating the situation but its not delivered. Can I have anyother mail id to let you know relevant details of the dispute for consultation?
Thank you
From India, Madras
Thanks for your reply. I tried sending an email to the above mentioned id elobrating the situation but its not delivered. Can I have anyother mail id to let you know relevant details of the dispute for consultation?
Thank you
From India, Madras
dr mr david,
You need to first examine what was the reason that your workers supported the strike. Are there any pending demands or what is the reason for the dissatisfaction? It may not necessarily be only money. The workers may have other issues, which can be resolved by having an effective dialogue with them in place. Dont resist the union, because the more you do so there will be more problems of action and reaction. You can reason out with the leaders because ego issues can ruin your business also, hope you studied the recent maruti suzuki problem, they suffered a loss of 1500 crores on account of union activities. So as an hr professional, please examine all these angles. It is advisable,to have the settlement on stamp paper under section 2(p) of Industrial disputes act which will have more legal sanctity. You need to properly word the settlement which will bind the parties from future disputes. See that all the workers understand the consequences of the settlement a
From India, Pune
You need to first examine what was the reason that your workers supported the strike. Are there any pending demands or what is the reason for the dissatisfaction? It may not necessarily be only money. The workers may have other issues, which can be resolved by having an effective dialogue with them in place. Dont resist the union, because the more you do so there will be more problems of action and reaction. You can reason out with the leaders because ego issues can ruin your business also, hope you studied the recent maruti suzuki problem, they suffered a loss of 1500 crores on account of union activities. So as an hr professional, please examine all these angles. It is advisable,to have the settlement on stamp paper under section 2(p) of Industrial disputes act which will have more legal sanctity. You need to properly word the settlement which will bind the parties from future disputes. See that all the workers understand the consequences of the settlement a
From India, Pune
Thank you for your post sir. As mentioned earlier salary hike, workers committee & death compensation are their demands. in that we first settled salary hike by giving an increment of 40% hike and then we wanted the workers to enter an agreement. the rest two demands we said will negotiate latter when the agreement gets over.
Would be grateful if you could send me the Maruthi suziki case. we dont want any union distrubances hope this workers committee would help us for awhile.
Thankyou
From India, Madras
Would be grateful if you could send me the Maruthi suziki case. we dont want any union distrubances hope this workers committee would help us for awhile.
Thankyou
From India, Madras
If you are giving such a hefty rise of 40%, what can be the grievance of the employees? If there is any letter from them about any other grievance, pls examine what the issue is. No need to agree on all the demands at one stroke. How long is the death compensation demand pending? What are the issues of workers committee? Do you have any reservations on having particular worker representatives on the committee? You need to iron out these creases and assure them that they can withdraw the strike and the discussions can go on, because the strike is hampering the production which will affect everyone adversely. Have you sought the help of a conciliation officer or a HR advisor to mediate and settle the dispute?
The maruti suzuki case I am depending only on media, which I wonder how far is authentic. But we all know that they suffered heavy loss on account of the strike.
From India, Pune
The maruti suzuki case I am depending only on media, which I wonder how far is authentic. But we all know that they suffered heavy loss on account of the strike.
From India, Pune
Dear
It is always advisable to have a composite dialogue with the workers. And it would help you to sort all kinds of negativity which is prevalent among them. The maruti suzuki case is no way related to this as it turns out to be an unfair labour practice as the demands aired by them had not been considered by the management.
Regards
gg
From India, Madras
It is always advisable to have a composite dialogue with the workers. And it would help you to sort all kinds of negativity which is prevalent among them. The maruti suzuki case is no way related to this as it turns out to be an unfair labour practice as the demands aired by them had not been considered by the management.
Regards
gg
From India, Madras
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