Dear Seniors,

Can the Management & Workers have a wage settlement in the absence of any Union? If yes, will this settlement be enforceable if done without the participation of Government Authorities?

Thanks in advance...!!!

From India, Pune
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Dear Prashant,

Only when the problem arises does the union or the government authority interfere in the settlement. If the workers are happy about the settlement, they can go ahead. However, it is best to inform the union members about the settlement.

From India, Mumbai
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Dear Prashant, Then it is only management and employee settlement. if they are happy they can go ahead. Unless the employees don’t accept the settlement will not be finalised.
From India, Mumbai
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Dear,

If no union of workers is functioning in an industry, the workers can elect five representatives to negotiate and arrive at a settlement with management on the workers' demands. The copies of the settlement need to be sent to the prescribed authorities as per Maharashtra Industrial Dispute Rules. Then, this settlement becomes a legal one.

Gajare M B.

From India, Mumbai
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Dear Sir,

Settlement with all individual workmen/employees without unions is valid. A copy of the settlement arrived with each person to be sent to the Labour Dept. for registration. This is called Sec.18(1) settlement under the I.D. Act without government authority. This is valid in law and executable. But in reality, it is not possible when unions are existing.

D. Gurumurthy HR/IR Consultant

From India, Hyderabad
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Dear Seniors, I JUST Want to know what is the basic difference when settlement arrived under sec.,12/3 or 18/1 of I D ACT. N K SHARMA
From India, Chandigarh
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Dear Seniors,

I, along with Mr. NK Sharma, would like to know the basic differences in settlement under SEC 12/3 and 18/1 of the ID Act. I request the seniors and experts in this forum to advise.

Thanks,
Ravi

From India, Madras
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Yes, but before that, you have to inform the registered union leader of your establishment in the prescribed manner regarding the settlement issue. Even if the union leader does not attend, you should settle the issue with the help of a leading member of the union as a representative of the union leader, with the participation of the government.

Regards,
Laxman

From India, Kolhapur
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Get the individual workers to sign separate letters addressed to the company agreeing to the settlement that has been arrived at. Also, all the workers should sign jointly, which becomes part of the settlement as an annexure.
From India, Mumbai
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Dear Ravi, 12/3 is long term agreement for three years and above 18/1 is one year settlement between empolyee & empolyer and a copy send to conciliation. Regds / Uma
From India, Madras
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