Dear Pradeep,
It is, in fact, a common problem and unpredictably unforeseen situation about wage increase, and the most valuable is the loss of time when cases drag on for years, moving from Tribunal to High Courts. That is why people do not go to court because this is a common problem in court cases. Your fellow colleagues have been your strength, isn't it? If they are opting for a 2P settlement, why aren't you? After all, there could be an order of reference pending before the Tribunal or there could be a Management and union settlement which the Tribunal can award, but the timing of this is uncertain. This is the reason your colleagues prefer individual settlements. The right strategy, as I personally feel, will be to support your co-workers, stay united, get the money, and put this matter behind for good.
Remember one more thing - the rule of Democracy - "Majority wins, and the minority loses." If it is not done this way now and you lose control and strength, it is possible that your Management targets you, along with a few others, which may or may not be right, but is a possible next step for them. In fact, we employ similar tactics and say everything is fair in love and war.
Best wishes,
RDS Yadav
From India, Delhi
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153It is, in fact, a common problem and unpredictably unforeseen situation about wage increase, and the most valuable is the loss of time when cases drag on for years, moving from Tribunal to High Courts. That is why people do not go to court because this is a common problem in court cases. Your fellow colleagues have been your strength, isn't it? If they are opting for a 2P settlement, why aren't you? After all, there could be an order of reference pending before the Tribunal or there could be a Management and union settlement which the Tribunal can award, but the timing of this is uncertain. This is the reason your colleagues prefer individual settlements. The right strategy, as I personally feel, will be to support your co-workers, stay united, get the money, and put this matter behind for good.
Remember one more thing - the rule of Democracy - "Majority wins, and the minority loses." If it is not done this way now and you lose control and strength, it is possible that your Management targets you, along with a few others, which may or may not be right, but is a possible next step for them. In fact, we employ similar tactics and say everything is fair in love and war.
Best wishes,
RDS Yadav
From India, Delhi
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Agreed with RDS Yadav, Sir. Why are you not accepting it and ending the matter? Just think on behalf of the company. Why are you creating such an atmosphere in the company to create such a situation? I am asking one question of you, Mr. Pradeep. Just think, you are the father of a son or daughter, and you are getting Rs. 15,000 per month. At this time, you are buying a gift or chocolate for your child worth Rs. 500. But can you imagine if your salary increased from Rs. 15,000 per month to Rs. 30,000 per month, would you still only buy a chocolate worth Rs. 500 or would you buy more? I think you, and not only you but every father, would buy more than Rs. 500. The same thing applies between a company and its employees, where the company is like a father and the employee is like a son. So, whenever the company increases its benefits, obviously they will increase your remuneration and other benefits. But when the company is not in a position to do so, then is it possible?
Just rethink once again, then make your decision. I think, as a union member, it's your prime duty to understand the situation between management and company employees.
From India, Rudarpur
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Just rethink once again, then make your decision. I think, as a union member, it's your prime duty to understand the situation between management and company employees.
From India, Rudarpur
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Dear Gautam, how can you advise an employee to go for an illegal settlement when the management is engaging in utterly barbaric negotiation? Why don't you consider the employees' perspective as well? I will not advise Pradeep to abandon trade union principles and opt for a settlement that undermines the trust of his coworkers. I must say that this is unfair, and the management should not be allowed to repeat such actions with another employee. Look at the false charges being fabricated against an employee. Don't you believe that workers also deserve fairness?
My advice now is to immediately approach the Tribunal and report the unjust practices within the company. Otherwise, this will lead to a scenario where no worker will be satisfied, but the management will emerge victorious. The next potential outcome could be the dismissal of every worker who refuses to sign the good service bond. Management can easily concoct charges and terminate the employee. The only recourse for the workers is to seek redress through the labor court. However, by the time a verdict is reached, it may be nearing retirement, and the real losers will be the workers. Many refrain from legal action against the management due to this knowledge, but exploiting such situations is unjust.
Madhu.T.K
From India, Kannur
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My advice now is to immediately approach the Tribunal and report the unjust practices within the company. Otherwise, this will lead to a scenario where no worker will be satisfied, but the management will emerge victorious. The next potential outcome could be the dismissal of every worker who refuses to sign the good service bond. Management can easily concoct charges and terminate the employee. The only recourse for the workers is to seek redress through the labor court. However, by the time a verdict is reached, it may be nearing retirement, and the real losers will be the workers. Many refrain from legal action against the management due to this knowledge, but exploiting such situations is unjust.
Madhu.T.K
From India, Kannur
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Dear Pradeep ji,
Since 16th Jan 2017 onwards, this thread has not been active. You have received good inputs from Umakanthan ji and Madhu ji based on your posts, in my view. Madhu ji rightly advised you to approach the Tribunal immediately and inform the authorities of the unfair practices happening in the company. It seems to me that you are facing internal union issues and there is no affiliation with anyone. You should hire the services of an expert from the industrial relations domain in your vicinity to guide you on various aspects, including how to make counterattacks on management steps through drafting letters. You need to gather various pieces of evidence regarding management's unfair practices.
Wishing you all the best.
From India, Mumbai
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Since 16th Jan 2017 onwards, this thread has not been active. You have received good inputs from Umakanthan ji and Madhu ji based on your posts, in my view. Madhu ji rightly advised you to approach the Tribunal immediately and inform the authorities of the unfair practices happening in the company. It seems to me that you are facing internal union issues and there is no affiliation with anyone. You should hire the services of an expert from the industrial relations domain in your vicinity to guide you on various aspects, including how to make counterattacks on management steps through drafting letters. You need to gather various pieces of evidence regarding management's unfair practices.
Wishing you all the best.
From India, Mumbai
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