Dear All,
We are in process of Agreement with Trade union. Can anyone mail or Provide Some draft agreements or what care should be taken likewise does and don't. I think this is the hot topic and the information shared by experts will definitely helpful to all.
Thanks
Bharat Gadariya
From India, Ahmedabad
2We are in process of Agreement with Trade union. Can anyone mail or Provide Some draft agreements or what care should be taken likewise does and don't. I think this is the hot topic and the information shared by experts will definitely helpful to all.
Thanks
Bharat Gadariya
From India, Ahmedabad
Hi Bharat,
You should not rely on others agreements as ALL agreements are unique.
My only advice is that you VERY carefully review ALL drafts, before signing the final agreement.
Pay particular attention to grammar, particularly full stops, commas, semi-colons, etc. as they can change the whole structure and meaning of a sentence.
For example read the following line slowly:
GODISNOWHERE
Did you read it as
God is no where
or
God is now here.
Get my point?
Remember, all agreements are subject to interpretation and you must safe guard yourself for the future.
I hope the above helps and gives you some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
You should not rely on others agreements as ALL agreements are unique.
My only advice is that you VERY carefully review ALL drafts, before signing the final agreement.
Pay particular attention to grammar, particularly full stops, commas, semi-colons, etc. as they can change the whole structure and meaning of a sentence.
For example read the following line slowly:
GODISNOWHERE
Did you read it as
God is no where
or
God is now here.
Get my point?
Remember, all agreements are subject to interpretation and you must safe guard yourself for the future.
I hope the above helps and gives you some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
Dear Mr. Bharat,
Every organization has its own systems and policies. You can not take a standard draft agreement for a settlement with the Trade Union.
It would not be right for the organization.
You need to discuss the matter with the Union and then draft the agreement with the help of your legal department and / or legal advisor.
Thanks,
Avika
From India, New Delhi
Every organization has its own systems and policies. You can not take a standard draft agreement for a settlement with the Trade Union.
It would not be right for the organization.
You need to discuss the matter with the Union and then draft the agreement with the help of your legal department and / or legal advisor.
Thanks,
Avika
From India, New Delhi
Bharatbhai
Pl. refer ID Act Gujarat rule for XVI for the format. The main clauses are
1) Title and under which clause of ID Act
2) Name of parties
3) Short recital for the case
4) Objective
5) Applicability
6) Period of settlement
7) Benefits under the settlement (very precise details with examples, eligibility and coverage etc.)
8) General clauses of settlement (all other binding terms & conditions should be included. The demands contained in the Charter of Demand raised by the Unions, which
are not specifically mentioned in this settlement, shall be deemed to have been settled / withdrawn. Any other issues/ disputes, pertaining to service conditions involving financial implications or otherwise, raised by the signatory Unions relating to Charter of Demands and pending before the conciliation officer or any other Adjudicating Authorities shall also stand settled / withdrawn.2) The Unions undertake that during the period of this settlement, they shall not
raise any demand, which may or may not have any direct or indirect financial implication or otherwise.
3) It is agreed that if the Employees availing benefits under this
settlement, fail to adhere to any of the terms and conditions of the settlement, the company shall have the right to withdraw / recover all or any benefits extended to such Non-Supervisory Employees by virtue of this settlement.
For more technical details, pl. read attached article of mine, published in one news letter.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
Pl. refer ID Act Gujarat rule for XVI for the format. The main clauses are
1) Title and under which clause of ID Act
2) Name of parties
3) Short recital for the case
4) Objective
5) Applicability
6) Period of settlement
7) Benefits under the settlement (very precise details with examples, eligibility and coverage etc.)
8) General clauses of settlement (all other binding terms & conditions should be included. The demands contained in the Charter of Demand raised by the Unions, which
are not specifically mentioned in this settlement, shall be deemed to have been settled / withdrawn. Any other issues/ disputes, pertaining to service conditions involving financial implications or otherwise, raised by the signatory Unions relating to Charter of Demands and pending before the conciliation officer or any other Adjudicating Authorities shall also stand settled / withdrawn.2) The Unions undertake that during the period of this settlement, they shall not
raise any demand, which may or may not have any direct or indirect financial implication or otherwise.
3) It is agreed that if the Employees availing benefits under this
settlement, fail to adhere to any of the terms and conditions of the settlement, the company shall have the right to withdraw / recover all or any benefits extended to such Non-Supervisory Employees by virtue of this settlement.
For more technical details, pl. read attached article of mine, published in one news letter.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
Dear Mr. Bharat,
Any agreement between union and employer will not be as a normal agreement which can't be reveal. All HRiance can guide you but no one will supply you ready-made agreement because
1. The Charter of demand is different from one anther
2. Nature of atmosphere is different
3. nature of Circumstance of dispute/agreement is different
4. Agreement is the condition settled between parties, which is different.
Therefore try to read the law and as per the suggestion of Mr. Shailesh you can structurise the same.
From India, Pune
Any agreement between union and employer will not be as a normal agreement which can't be reveal. All HRiance can guide you but no one will supply you ready-made agreement because
1. The Charter of demand is different from one anther
2. Nature of atmosphere is different
3. nature of Circumstance of dispute/agreement is different
4. Agreement is the condition settled between parties, which is different.
Therefore try to read the law and as per the suggestion of Mr. Shailesh you can structurise the same.
From India, Pune
Dear Bharat, in addition to what Mr. Sailesh hasmentined
I would suggest you to mention in the Agreement
about the disciplene and the
productivity to be ensured
during the agreement period
by the workers/employeees
otherwise it will be treated
as breach of the Agreement.
Best wishes.
Eswararao Ivaturi.
From United States, Cupertino
I would suggest you to mention in the Agreement
about the disciplene and the
productivity to be ensured
during the agreement period
by the workers/employeees
otherwise it will be treated
as breach of the Agreement.
Best wishes.
Eswararao Ivaturi.
From United States, Cupertino
Dear Bharat,
Its a serious matter when you are making an agreement with any of the Client/Union/Vendor/Employee or any one, It is good to take advise of your Legal Advisory Team or Contact any Lawyer who can help you in this regards
From India, Mumbai
Its a serious matter when you are making an agreement with any of the Client/Union/Vendor/Employee or any one, It is good to take advise of your Legal Advisory Team or Contact any Lawyer who can help you in this regards
From India, Mumbai
Dear Bharat
Generally most of the agreement it is mentioned " the past practice is to be continued". And it is difficult for know what was the practice. Hence i suggest everything is to be reproduced again in details in the agreement.
Anant
From India, Pune
Generally most of the agreement it is mentioned " the past practice is to be continued". And it is difficult for know what was the practice. Hence i suggest everything is to be reproduced again in details in the agreement.
Anant
From India, Pune
Dear Bharat Gadariya Find the attachment may it gives some idea to start a draft Regards Mahesh Asst Manager-HR
From India, Raichur
From India, Raichur
Dera Bharat,
I just concluded a prolonged negotiation with my Union. Here are some do's and dont's you may like to include in your agreement:
GENERAL TERMS:
a) All workmen shall remain present at their respective places of work to take charge punctually at the commencement of their respective scheduled working hours and shall not leave their scheduled places of work before the scheduled closing time.
b) All workmen who are on pending enquiry /suspension shall not be allowed to enter the factory premises except with the specific permission of the Factory manager/ Manager HR.
c) The Model Standing Orders as framed under the rules by the Government of Maharashtra under Industrial Employment (Standing Orders) Act 1946 shall be applicable to the workmen, as amended from time to time.
d ) All workmen agree that they are bound by the duties and responsibilities of the Factories Act, 1948 and rules made therein as well as Standing Orders applicable to the Company and other such labour enactments as applicable to them. The workmen agree that they shall not do or cause to do any act, which shall be in contravention of their obligations under the said Act(s).
e) All workmen shall desist from chewing paan, paan masala, tobacco and/or smoking cigarette/beedi, consume alcohol etc, at the work place. All workmen shall try to make the factory ‘Tobacco Free Area’ and will extend whole hearted support.
f) All workmen shall give their wholehearted support and actively participate in various activities like sport cultural and social programmes organized by the Company. These forums shall not be used as bargaining platforms as these activities are intended to foster a better quality of work life.
g) All workmen hereby agree to abide by the code and all other policies framed by the Company from time to time.
h) Safety rules as may be communicated in any form from time to time, will need to be strictly followed. Any failure to comply with the safety rules or norms shall amount to an act of misconduct Accidents arising out of violation of safety rules communicated in any form from time to time will be dealt with strictly.
i) The workmen agree that they shall with their whole hearted and genuine co operation support to the management in maintenance of good work practices, as in raising production and productivity and quality of the products of the company (Current as well as new ones, if any, in their different forms, models, variants, etc) and through various workplace improvement inetiatives, tools and processes like Lean Manufacturing, TQM, TPM, 5S, Quality Circle, Kaizen Scheme etc.
j) The workmen and Union in particular agree and reassure that they will not resort to any coercive practices such as go slow, illegal work stoppage, sit-in/stay-in illegal strikes, tool down. In such an event the Company shall have the right to take strict disciplinary action.
k) Both parties agree that they will resort only two constitutional methods for resolving disputes and will not resort to coercive methods.
l) It is agreed that if ten or more workmen acting in concert absent themselves without due notice and without reasonable cause, the Company will be in its right to take any strict disciplinary action.
m) In the event of any illegal stoppage of work or refusal of work either individually or collectively the workmen concerned shall not be entitled to wages on pro-rata basis for the relevant period on “No Work No Pay” principle.
n) It has been agreed by the Union and workmen that they will cooperate with the Company to meet business requirements/exigencies.
o) All workmen will not change any machine or equipments parameter(s) which are fixed to achieve the desired production and productivity. If the management observes any changes or manipulations in the parameters which are fixed to achieve the right quality and productivity, such or similar incidences will be treated as serious misconduct and liable for strict disciplinary action.
p) The employees shall strictly follow the time allocated for breakfast, lunch etc. Any employee observed in the canteen area beyond the prescribed time shall be liable for strict disciplinary action.
q) All workmen will be cost conscious, will ensure and feel responsible to minimize consumption of direct, indirect material, power, compressed air, lighting, water, tools, plant and machinery, gauges, consumable, etc.
r) All workmen will on their own take corrective actions to resolve the routine problems that arise carrying out the work assigned to them to ensure smooth and efficient flow of work
s) All employees will fill in the necessary reports in the prescribed formats as indicated by their superiors from time to time, and do all related activities as indicated by superiors.
t) Breakdowns will be brought to the notice of the immediate superior immediately. Collective effort will be made to ensure no loss of production occurs by use of alternate methods under such breakdowns.
u) All workmen will devote their whole time attention for the Company business only.
v) All workmen shall be responsible for clean and neat housekeeping in and around their workplace. They shall ensure 5S before leaving their place of work
w) All workmen shall not leave their place of work/section/department before the scheduled time or rest interval and also they shall report at their workplace before the end of the rest intervals.
x) All workmen will keep the workplace neat and clean including machines, machine tools, fixtures, manipulators etc.
y) The union/workmen agree to maintain strict discipline everywhere inside the factory premises. The company as well as the Union agree not to support or encourage any unfair labour practices and shall take effective steps to put a stop to such practices if and when noticed.
z) The terms set out in this settlement are composite package of benefits to be viewed in its entirety and not in isolated parts.
aa) In case of illegal stoppage of work or paralyzing of work due to bandh declared by any association/ political party or any such body, the union and the workmen agree to work on the subsequent weekly off in accordance with provisions of the Factories Act to recover loss of production at the discretion of the Management. The workmen shall not be paid any additional remuneration as agreed in this settlement for such working on weekly off day. In case no such substitute working is performed, one day leave of all such workmen will be adjusted at the discretion of the Management.
bb) Eatables which are provided in the canteen hall should be consumed in the canteen itself and should not be brought out to the work place.
cc) During the working hours the workmen should maintain their dress code and carry their identity card in the premises.
dd) Movement of Machine and relocation- It is expressly made clear that the Company at its discretion may require relocating its manufacturing activity to any other place in view of the business needs or space constraints.
ee) It is assured by the company all legal compliances will be followed; due to said changes workmen’s service conditions will not be adversely affected.
ff) No workmen are allowed to bring their personal belongings inside the factory premises.
gg) Use Of Mobiles. The workmen are not allowed to use mobile phones to their workplace. Failure to follow this will be considered as an act of misconduct.
hh) Workmen shall keep the secrets of the Company and its parent, subsidiary or associated companies and shall not either during his employment on thereof divulge any matters or things relating to the business or interests of the Company or its parent or subsidiary or associated companies to any unauthorized person or utilize any secret or confidential knowledge or information acquired in consequence of his service to the detriment or prejudice of the Company or its parent or subsidiary or associated companies or for his own personal use or benefit or for making any financial or personal gain there from. Workmen shall also be deemed to have undertaken not to utilize any trade information or technical know-how or other industrial property rights of the Company and its parent, subsidiary and associated companies, for his own personal use or benefit or in any manner prejudicial to the interests of the Company during his employment.
ii) Workmen shall also keep the secrets of any company, firm or person with whom the Company or its parent, subsidiary or associated companies may at any time during the continuance of his employment be in commercial or technical co-operation or association and he shall hereby expressly bind himself both during the period of his employment with the Company thereof not to divulge any matter or thing relating to the business or interests of any such company, firm or person to any unauthorized person or to utilize any secret or confidential knowledge or information acquired in consequence of his employment detriment or prejudice of any such company, firm or person.
jj) Workmen shall not during the continuance their employment with us, undertake/engage in any kind of activity/business in any capacity whatsoever which generates additional income and which interferes at their workplace. Such a violation will be considered as an act of misconduct and will be dealt accordingly. However, social service, social work beyond office hours and which do not generate any income amounting to double employment will not come under the purview of above clause.
From India, Jammu
I just concluded a prolonged negotiation with my Union. Here are some do's and dont's you may like to include in your agreement:
GENERAL TERMS:
a) All workmen shall remain present at their respective places of work to take charge punctually at the commencement of their respective scheduled working hours and shall not leave their scheduled places of work before the scheduled closing time.
b) All workmen who are on pending enquiry /suspension shall not be allowed to enter the factory premises except with the specific permission of the Factory manager/ Manager HR.
c) The Model Standing Orders as framed under the rules by the Government of Maharashtra under Industrial Employment (Standing Orders) Act 1946 shall be applicable to the workmen, as amended from time to time.
d ) All workmen agree that they are bound by the duties and responsibilities of the Factories Act, 1948 and rules made therein as well as Standing Orders applicable to the Company and other such labour enactments as applicable to them. The workmen agree that they shall not do or cause to do any act, which shall be in contravention of their obligations under the said Act(s).
e) All workmen shall desist from chewing paan, paan masala, tobacco and/or smoking cigarette/beedi, consume alcohol etc, at the work place. All workmen shall try to make the factory ‘Tobacco Free Area’ and will extend whole hearted support.
f) All workmen shall give their wholehearted support and actively participate in various activities like sport cultural and social programmes organized by the Company. These forums shall not be used as bargaining platforms as these activities are intended to foster a better quality of work life.
g) All workmen hereby agree to abide by the code and all other policies framed by the Company from time to time.
h) Safety rules as may be communicated in any form from time to time, will need to be strictly followed. Any failure to comply with the safety rules or norms shall amount to an act of misconduct Accidents arising out of violation of safety rules communicated in any form from time to time will be dealt with strictly.
i) The workmen agree that they shall with their whole hearted and genuine co operation support to the management in maintenance of good work practices, as in raising production and productivity and quality of the products of the company (Current as well as new ones, if any, in their different forms, models, variants, etc) and through various workplace improvement inetiatives, tools and processes like Lean Manufacturing, TQM, TPM, 5S, Quality Circle, Kaizen Scheme etc.
j) The workmen and Union in particular agree and reassure that they will not resort to any coercive practices such as go slow, illegal work stoppage, sit-in/stay-in illegal strikes, tool down. In such an event the Company shall have the right to take strict disciplinary action.
k) Both parties agree that they will resort only two constitutional methods for resolving disputes and will not resort to coercive methods.
l) It is agreed that if ten or more workmen acting in concert absent themselves without due notice and without reasonable cause, the Company will be in its right to take any strict disciplinary action.
m) In the event of any illegal stoppage of work or refusal of work either individually or collectively the workmen concerned shall not be entitled to wages on pro-rata basis for the relevant period on “No Work No Pay” principle.
n) It has been agreed by the Union and workmen that they will cooperate with the Company to meet business requirements/exigencies.
o) All workmen will not change any machine or equipments parameter(s) which are fixed to achieve the desired production and productivity. If the management observes any changes or manipulations in the parameters which are fixed to achieve the right quality and productivity, such or similar incidences will be treated as serious misconduct and liable for strict disciplinary action.
p) The employees shall strictly follow the time allocated for breakfast, lunch etc. Any employee observed in the canteen area beyond the prescribed time shall be liable for strict disciplinary action.
q) All workmen will be cost conscious, will ensure and feel responsible to minimize consumption of direct, indirect material, power, compressed air, lighting, water, tools, plant and machinery, gauges, consumable, etc.
r) All workmen will on their own take corrective actions to resolve the routine problems that arise carrying out the work assigned to them to ensure smooth and efficient flow of work
s) All employees will fill in the necessary reports in the prescribed formats as indicated by their superiors from time to time, and do all related activities as indicated by superiors.
t) Breakdowns will be brought to the notice of the immediate superior immediately. Collective effort will be made to ensure no loss of production occurs by use of alternate methods under such breakdowns.
u) All workmen will devote their whole time attention for the Company business only.
v) All workmen shall be responsible for clean and neat housekeeping in and around their workplace. They shall ensure 5S before leaving their place of work
w) All workmen shall not leave their place of work/section/department before the scheduled time or rest interval and also they shall report at their workplace before the end of the rest intervals.
x) All workmen will keep the workplace neat and clean including machines, machine tools, fixtures, manipulators etc.
y) The union/workmen agree to maintain strict discipline everywhere inside the factory premises. The company as well as the Union agree not to support or encourage any unfair labour practices and shall take effective steps to put a stop to such practices if and when noticed.
z) The terms set out in this settlement are composite package of benefits to be viewed in its entirety and not in isolated parts.
aa) In case of illegal stoppage of work or paralyzing of work due to bandh declared by any association/ political party or any such body, the union and the workmen agree to work on the subsequent weekly off in accordance with provisions of the Factories Act to recover loss of production at the discretion of the Management. The workmen shall not be paid any additional remuneration as agreed in this settlement for such working on weekly off day. In case no such substitute working is performed, one day leave of all such workmen will be adjusted at the discretion of the Management.
bb) Eatables which are provided in the canteen hall should be consumed in the canteen itself and should not be brought out to the work place.
cc) During the working hours the workmen should maintain their dress code and carry their identity card in the premises.
dd) Movement of Machine and relocation- It is expressly made clear that the Company at its discretion may require relocating its manufacturing activity to any other place in view of the business needs or space constraints.
ee) It is assured by the company all legal compliances will be followed; due to said changes workmen’s service conditions will not be adversely affected.
ff) No workmen are allowed to bring their personal belongings inside the factory premises.
gg) Use Of Mobiles. The workmen are not allowed to use mobile phones to their workplace. Failure to follow this will be considered as an act of misconduct.
hh) Workmen shall keep the secrets of the Company and its parent, subsidiary or associated companies and shall not either during his employment on thereof divulge any matters or things relating to the business or interests of the Company or its parent or subsidiary or associated companies to any unauthorized person or utilize any secret or confidential knowledge or information acquired in consequence of his service to the detriment or prejudice of the Company or its parent or subsidiary or associated companies or for his own personal use or benefit or for making any financial or personal gain there from. Workmen shall also be deemed to have undertaken not to utilize any trade information or technical know-how or other industrial property rights of the Company and its parent, subsidiary and associated companies, for his own personal use or benefit or in any manner prejudicial to the interests of the Company during his employment.
ii) Workmen shall also keep the secrets of any company, firm or person with whom the Company or its parent, subsidiary or associated companies may at any time during the continuance of his employment be in commercial or technical co-operation or association and he shall hereby expressly bind himself both during the period of his employment with the Company thereof not to divulge any matter or thing relating to the business or interests of any such company, firm or person to any unauthorized person or to utilize any secret or confidential knowledge or information acquired in consequence of his employment detriment or prejudice of any such company, firm or person.
jj) Workmen shall not during the continuance their employment with us, undertake/engage in any kind of activity/business in any capacity whatsoever which generates additional income and which interferes at their workplace. Such a violation will be considered as an act of misconduct and will be dealt accordingly. However, social service, social work beyond office hours and which do not generate any income amounting to double employment will not come under the purview of above clause.
From India, Jammu
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