Dear Seniors,
We have a recognized union in my company. Recently, we have come to the end of negotiations against the COD submitted for their wage settlement. However, after signing the settlement, we are in the process of finalizing certain things: obtaining approval from management, drafting the settlement, calculating arrears, and assessing the overall impact of this settlement. Since it was the 14th day of the month, we understand that their wages were not released. The workers of the union called for a strike suddenly without any intimation to us, resulting in our loss of production and operation of the plant. The sudden stoppage of machinery also poses a high risk to human life.
In view of the above:
- What will be our response to the union and the workers?
- Do we need to issue a letter to the recognized union?
- What will be the role of the Labour Officer?
- How can we prove the strike is illegal?
- We also have another union (unrecognized), what will be their role?
- How can we prevent illegal strikes and keep the pressure on?
- What substantial documents do we need to prepare for this illegal strike?
Requesting the Senior IR legends to shed light on the burning issues I am facing.
Thanks in advance.
From India, Nagpur
Acknowledge(0)
Amend(0)
7We have a recognized union in my company. Recently, we have come to the end of negotiations against the COD submitted for their wage settlement. However, after signing the settlement, we are in the process of finalizing certain things: obtaining approval from management, drafting the settlement, calculating arrears, and assessing the overall impact of this settlement. Since it was the 14th day of the month, we understand that their wages were not released. The workers of the union called for a strike suddenly without any intimation to us, resulting in our loss of production and operation of the plant. The sudden stoppage of machinery also poses a high risk to human life.
In view of the above:
- What will be our response to the union and the workers?
- Do we need to issue a letter to the recognized union?
- What will be the role of the Labour Officer?
- How can we prove the strike is illegal?
- We also have another union (unrecognized), what will be their role?
- How can we prevent illegal strikes and keep the pressure on?
- What substantial documents do we need to prepare for this illegal strike?
Requesting the Senior IR legends to shed light on the burning issues I am facing.
Thanks in advance.
From India, Nagpur
Acknowledge(0)Amend(0)
The situation appears to be heading towards a showdown, and you have to be prepared. It looks like the recognized union is unable to sell the mutually agreed revised terms to the workmen, hence wanting to divert attention. Or is it under pressure from the other union, or are they doubting the integrity of management that they may ditch the agreement.
Your queries are answered below:
What will be our response to the unions and the workers? Since a 14-day notice is not given, the strike will be illegal. Approach the Labour Officer and try to involve them to bring it to an end.
Do we need to issue a letter to the recognized union? Yes, not only to the union but give an open letter to all the workmen.
What will be the role of the Labour Officer? The real help could come from the Labour Department to bring an end to this situation.
How can we prove the strike is illegal? The very fact that the strike has commenced without giving proper notice is illegal.
We also have one more union (unrecognized), what will be their role? That would depend on the role played by them so far. Some continuity in the way they react could be anticipated.
How can we keep under pressure to not resort to an illegal strike? Keep up the process of dialogue. Having reached an overall understanding, the time taken is only administrative. You need to take the recognized union into confidence and probably could start implementing the deliverables one by one at the earliest.
What will be the substantial documents we need to prepare for this illegal strike? The correspondence and the reports you have about the union activities in gathering support for the strike are needed.
Such a situation needs a lot more information on how it has evolved thus far before venturing to give advice. But one sure way is to involve the Labour Officer and make an agreement in his presence; it is binding on all workmen. Whereas a bargaining agreement is binding only on the parties.
From India, Mumbai
Acknowledge(0)Amend(0)
Your queries are answered below:
What will be our response to the unions and the workers? Since a 14-day notice is not given, the strike will be illegal. Approach the Labour Officer and try to involve them to bring it to an end.
Do we need to issue a letter to the recognized union? Yes, not only to the union but give an open letter to all the workmen.
What will be the role of the Labour Officer? The real help could come from the Labour Department to bring an end to this situation.
How can we prove the strike is illegal? The very fact that the strike has commenced without giving proper notice is illegal.
We also have one more union (unrecognized), what will be their role? That would depend on the role played by them so far. Some continuity in the way they react could be anticipated.
How can we keep under pressure to not resort to an illegal strike? Keep up the process of dialogue. Having reached an overall understanding, the time taken is only administrative. You need to take the recognized union into confidence and probably could start implementing the deliverables one by one at the earliest.
What will be the substantial documents we need to prepare for this illegal strike? The correspondence and the reports you have about the union activities in gathering support for the strike are needed.
Such a situation needs a lot more information on how it has evolved thus far before venturing to give advice. But one sure way is to involve the Labour Officer and make an agreement in his presence; it is binding on all workmen. Whereas a bargaining agreement is binding only on the parties.
From India, Mumbai
Acknowledge(0)Amend(0)
I am not an HR expert, but I find it incredible that you have signed the wage agreement, yet in 15 days, you have not paid salaries to the workers, using the most stupid excuse that you are computing the amounts.
Every factory I know continues to pay the old wages till they finish the work and then pays the higher one. The differences are then settled by way of arrears within a month (at most). It seems from your post that you, in fact, held back salaries you were required to pay by law. Then, the action of the workers is not surprising.
From India, Mumbai
Acknowledge(0)Amend(0)
Every factory I know continues to pay the old wages till they finish the work and then pays the higher one. The differences are then settled by way of arrears within a month (at most). It seems from your post that you, in fact, held back salaries you were required to pay by law. Then, the action of the workers is not surprising.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear colleague,
Apparently, you are facing an unexpected IR dilemma. You have just concluded a long-term wage settlement with the recognized union and are in the process of its implementation. In the meantime, the Union/Workmen have suddenly gone on strike, apparently, according to you, on account of a delay in payment of wages.
Since you have a culture/history of resolving issues across the table, what is stopping you from discussing and ascertaining the reasons for the sudden strike? Is it only a delay in payment or some other reason?
In my view, instead of only building documents to get the strike declared illegal or otherwise, focus your efforts on bringing about an amicable resolution of the pressing issues across the table without solely depending on third-party interventions. And I don't believe it is impossible to bring about an understanding, looking at the fact that your major milestone of wage settlement is behind you.
Yes, if the unrecognized union is playing some role in capitalizing on possible disgruntlement over the wage settlement, then with the help of the recognized union and intervention of the Government Labor machinery, it will have to be considered.
Thanks and wish you a speedy solution to your current challenge.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Apparently, you are facing an unexpected IR dilemma. You have just concluded a long-term wage settlement with the recognized union and are in the process of its implementation. In the meantime, the Union/Workmen have suddenly gone on strike, apparently, according to you, on account of a delay in payment of wages.
Since you have a culture/history of resolving issues across the table, what is stopping you from discussing and ascertaining the reasons for the sudden strike? Is it only a delay in payment or some other reason?
In my view, instead of only building documents to get the strike declared illegal or otherwise, focus your efforts on bringing about an amicable resolution of the pressing issues across the table without solely depending on third-party interventions. And I don't believe it is impossible to bring about an understanding, looking at the fact that your major milestone of wage settlement is behind you.
Yes, if the unrecognized union is playing some role in capitalizing on possible disgruntlement over the wage settlement, then with the help of the recognized union and intervention of the Government Labor machinery, it will have to be considered.
Thanks and wish you a speedy solution to your current challenge.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Colleague,
The basic facts are: There are 2 unions, and one union is recognized while the other is not. You were about to conclude the settlement, and the process was on. Suddenly, before signing, there is a flash strike. How to handle such a situation from an IR perspective?
In general, in IR, when the LTS process is ongoing, such stunts by the unions are quite common, especially if the union feels weak and fears criticism from others if they sign. The ideas agreed upon would have been debated, and when they leave, there will be too many cooks to spoil the egg omelet. Different corners will offer too many ideas, and some forces will not allow a settlement to be reached. This scenario happens in most LTS processes. In our past IR history, there have been more than 25 to 30 such incidents. Later, we learned and applied different ways and means: We ensure all work is ready, keep drafts prepared, share the drafts by displaying them in PPT form to all participants, and have all approvals ready before the final meetings. On the day of concluding the talks, we try our best to ensure that the room doors are closed, and any differences are resolved through discussion, persuasion, and only after signing the settlement do we leave the room. Food is served inside to all members. Despite these efforts, there are instances where individuals escape, causing confusion.
When a settlement is delayed, we should never stop the usual salary as we will eventually pay the arrears. This is a crucial point to consider.
In the case of low-confidence leaders, it is advisable not to go for a bipartite approach. Once talks are nearing completion, proceed to a tripartite meeting before the Conciliation Officer for a 12(3) settlement. During the conciliation process, no strikes are permitted. The unrecognized union will also be called and heard. Once a settlement is entered, it binds all workers and unions, preventing further strikes. Any strike during this period would be deemed illegal.
Now to specifics:
1. What should be our response to the unions and the workers?
Send due notices to the Labour Authority - Conciliation Officer and request for conciliation while prohibiting strikes under the provisions of the Industrial Disputes Act, 1947. Consider declaring a lockout if necessary, or opt for an 8-day wage deduction under the Standing Orders provisions.
2. Do we need to issue a letter to the recognized union?
Consider sending a letter to the union discussing the potential cancellation of recognition and highlighting the unfair labor practices under the Industrial Disputes Act, 1947. Notify them of future settlement processes and possible wage deductions for illegal strikes.
3. What will be the role of the Labour Officer?
In the event of a strike, promptly inform the Conciliation Officer and emphasize the strike's illegality. The Conciliation Officer will initiate conciliation efforts and advise workers to cease the strike, potentially leading to further actions under the standing orders.
4. How can we prove the strike is illegal?
The absence of notices under sections 22 and 23 of the Industrial Disputes Act can serve as evidence of an illegal strike. Proceed based on the establishment's Standing Orders and issue show cause notices to workers, leading to potential wage cuts or disciplinary actions.
5. What will be the role of the unrecognized union?
During conciliation and settlement processes, the unrecognized union will be involved and bound by the final settlement agreed upon.
6. How can we discourage illegal strikes?
Consider implementing disciplinary actions, such as wage deductions, formal warnings, and record-keeping of illegal strike incidents, to deter future occurrences.
Substantial documents needed for handling illegal strikes:
- Notice board displays
- Strike intimation sent to the Conciliation Officer
- Intimations sent to the local police station
- Show cause notices issued to workers
- Letters sent to the Labour Officer and recognized union
- Documents related to cancellation of union recognition
- Attendance registers of striking workers
- Production logs and security reports
Handling IR issues requires patience, a win-win approach, and adaptability to evolving situations for long-term benefits. Best of luck!
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
From India, Chennai
Acknowledge(0)Amend(0)
The basic facts are: There are 2 unions, and one union is recognized while the other is not. You were about to conclude the settlement, and the process was on. Suddenly, before signing, there is a flash strike. How to handle such a situation from an IR perspective?
In general, in IR, when the LTS process is ongoing, such stunts by the unions are quite common, especially if the union feels weak and fears criticism from others if they sign. The ideas agreed upon would have been debated, and when they leave, there will be too many cooks to spoil the egg omelet. Different corners will offer too many ideas, and some forces will not allow a settlement to be reached. This scenario happens in most LTS processes. In our past IR history, there have been more than 25 to 30 such incidents. Later, we learned and applied different ways and means: We ensure all work is ready, keep drafts prepared, share the drafts by displaying them in PPT form to all participants, and have all approvals ready before the final meetings. On the day of concluding the talks, we try our best to ensure that the room doors are closed, and any differences are resolved through discussion, persuasion, and only after signing the settlement do we leave the room. Food is served inside to all members. Despite these efforts, there are instances where individuals escape, causing confusion.
When a settlement is delayed, we should never stop the usual salary as we will eventually pay the arrears. This is a crucial point to consider.
In the case of low-confidence leaders, it is advisable not to go for a bipartite approach. Once talks are nearing completion, proceed to a tripartite meeting before the Conciliation Officer for a 12(3) settlement. During the conciliation process, no strikes are permitted. The unrecognized union will also be called and heard. Once a settlement is entered, it binds all workers and unions, preventing further strikes. Any strike during this period would be deemed illegal.
Now to specifics:
1. What should be our response to the unions and the workers?
Send due notices to the Labour Authority - Conciliation Officer and request for conciliation while prohibiting strikes under the provisions of the Industrial Disputes Act, 1947. Consider declaring a lockout if necessary, or opt for an 8-day wage deduction under the Standing Orders provisions.
2. Do we need to issue a letter to the recognized union?
Consider sending a letter to the union discussing the potential cancellation of recognition and highlighting the unfair labor practices under the Industrial Disputes Act, 1947. Notify them of future settlement processes and possible wage deductions for illegal strikes.
3. What will be the role of the Labour Officer?
In the event of a strike, promptly inform the Conciliation Officer and emphasize the strike's illegality. The Conciliation Officer will initiate conciliation efforts and advise workers to cease the strike, potentially leading to further actions under the standing orders.
4. How can we prove the strike is illegal?
The absence of notices under sections 22 and 23 of the Industrial Disputes Act can serve as evidence of an illegal strike. Proceed based on the establishment's Standing Orders and issue show cause notices to workers, leading to potential wage cuts or disciplinary actions.
5. What will be the role of the unrecognized union?
During conciliation and settlement processes, the unrecognized union will be involved and bound by the final settlement agreed upon.
6. How can we discourage illegal strikes?
Consider implementing disciplinary actions, such as wage deductions, formal warnings, and record-keeping of illegal strike incidents, to deter future occurrences.
Substantial documents needed for handling illegal strikes:
- Notice board displays
- Strike intimation sent to the Conciliation Officer
- Intimations sent to the local police station
- Show cause notices issued to workers
- Letters sent to the Labour Officer and recognized union
- Documents related to cancellation of union recognition
- Attendance registers of striking workers
- Production logs and security reports
Handling IR issues requires patience, a win-win approach, and adaptability to evolving situations for long-term benefits. Best of luck!
Correct Spelling and Grammar: Identify and fix any spelling or grammatical mistakes in the text.
From India, Chennai
Acknowledge(0)Amend(0)
Dear All CiteHR members and worthy contributing experts,
It is very optimistic and heartening that CiteHR Expert Members are giving their valuable time and advice despite the fact that the querist does not provide the most relevant facts/data/details. In such a situation, it is most appreciated that KK HR, Saswata Banerjee, Vinayak Nagarkar, and Dr. P. Sivkumar have given valuable expert advice. However, the most important point has not been disclosed by the querist regarding what settlement was made and what conditions, such as time limits, were decided in the agreement. Had this been disclosed, an appropriate expert opinion could have been tendered possibly.
I shall also request the CiteHR members to at least demonstrate their reaction to the advice of experts by validating the advice. This will inspire the professional experts to dedicate their valuable time with great zeal. In this case, no validation has been depicted from the side of the querist until 10:40 pm today, January 17, 2022.
With due regards, respect, and good wishes to all. Chandra Mani Lal Srivastava Master Consultant 9315516083
New Delhi
From India, New Delhi
Acknowledge(0)Amend(0)
It is very optimistic and heartening that CiteHR Expert Members are giving their valuable time and advice despite the fact that the querist does not provide the most relevant facts/data/details. In such a situation, it is most appreciated that KK HR, Saswata Banerjee, Vinayak Nagarkar, and Dr. P. Sivkumar have given valuable expert advice. However, the most important point has not been disclosed by the querist regarding what settlement was made and what conditions, such as time limits, were decided in the agreement. Had this been disclosed, an appropriate expert opinion could have been tendered possibly.
I shall also request the CiteHR members to at least demonstrate their reaction to the advice of experts by validating the advice. This will inspire the professional experts to dedicate their valuable time with great zeal. In this case, no validation has been depicted from the side of the querist until 10:40 pm today, January 17, 2022.
With due regards, respect, and good wishes to all. Chandra Mani Lal Srivastava Master Consultant 9315516083
From India, New Delhi
Acknowledge(0)Amend(0)
Dear colleagues,
The observations noted by the learned member Mr. Srivastava are to the point and appropriate. I share the same.
The posters usually provide inadequate data and seek advice. The most disturbing fact is that several of them lack courtesy even to let members know whether they have found it useful or not, let alone thanking the expert. Sometimes, it is a frustrating feeling that anything provided as freebies has no value and is taken for granted.
The posters, barring a few, need to show a more mature and responsible attitude in bringing about a qualitative change hereafter while posting.
Thanks, Mr. Srivastava, for expressing your candid views on this.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
The observations noted by the learned member Mr. Srivastava are to the point and appropriate. I share the same.
The posters usually provide inadequate data and seek advice. The most disturbing fact is that several of them lack courtesy even to let members know whether they have found it useful or not, let alone thanking the expert. Sometimes, it is a frustrating feeling that anything provided as freebies has no value and is taken for granted.
The posters, barring a few, need to show a more mature and responsible attitude in bringing about a qualitative change hereafter while posting.
Thanks, Mr. Srivastava, for expressing your candid views on this.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Considering that the OP has received responses and has not responded in 2 days, I think this is another case of a fake post. Or perhaps someone received a homework assignment from college and needed an answer without applying critical thinking.
---
Your text has been corrected for spelling, grammar, and paragraph formatting. Let me know if you need further assistance.
From India, Mumbai
Acknowledge(0)Amend(0)
---
Your text has been corrected for spelling, grammar, and paragraph formatting. Let me know if you need further assistance.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
First of all apologizing for the late reply and response to the all the members who has given me insight in solving my issues which i my facing currently.
Anguish for me from certain member for not responding is understandable and but obvious.
Since from the first post i was minutely tracking the responses of all the legends KK.HR Sir,Banerji sir,Nagarkar sir,shivkumar sir,because of only your responses which gives me a confidence to face the issue and tackle it sensibly.
My Inadequate data in the quires which I arise is only because of the lack of experience in the IR domain. since prior to this I was working on payroll and recruitment/Statutory compliances and as a Generalist profile, got very little exposure in IR domain. learnt that the IR knowledge is only get through the situations you face during your professionand it just don’t comes through the books.
As P.shivkumar more specifically answered my queries I am executing and following the path.
Regards
Ravi B.
From India, Nagpur
Acknowledge(0)Amend(0)
First of all apologizing for the late reply and response to the all the members who has given me insight in solving my issues which i my facing currently.
Anguish for me from certain member for not responding is understandable and but obvious.
Since from the first post i was minutely tracking the responses of all the legends KK.HR Sir,Banerji sir,Nagarkar sir,shivkumar sir,because of only your responses which gives me a confidence to face the issue and tackle it sensibly.
My Inadequate data in the quires which I arise is only because of the lack of experience in the IR domain. since prior to this I was working on payroll and recruitment/Statutory compliances and as a Generalist profile, got very little exposure in IR domain. learnt that the IR knowledge is only get through the situations you face during your professionand it just don’t comes through the books.
As P.shivkumar more specifically answered my queries I am executing and following the path.
Regards
Ravi B.
From India, Nagpur
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Dispciplinary Action.doc
DISCIPLINARY ACTION.ppt