Unfairl abour practice


Sir, Once a decision is taken at a level between management and recognized union at meeting and agreement is reached by mutual consent.without informing union the management sends case to higher authorities for rectification again.does this constitute unfair labour practice Please guide
 
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if the management makes any alteration in the MOU, you can refuse to accept if they are not admissible

 
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Advocate

Approaxh your labor Court.

 
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Retired employee.

When the understanding is in writing but not implemented and if any party goes back on agreed  mutual understanding/promise/commitment, this going back is not fair in any field and amounts to breach.

 
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Advocate

Yes, the Jurisdictions of Labour Courts and Tribunal is not limited to merely administering existing laws, but also to enforce existing contracts, and it can vary or modified exiating contracts between employer and employees.

 
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Lawyer

An agreement between Managment and Union is mutual between them, which do not require any sanction.

Such an agreement can be implemented/ enforced within the organisation, if it is valid and do not violate any law/ rules / rights.

Does it involve any dispute ? If so, it is better to consult a local prudent lawyer for appreciation of facts/ documents/ agreement, professional guidance and necessary proceeding.

 
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Advocate

May be the action is a mere formality. In my understanding, there is no cause of action unless the agreement is not honoured in the due course.

 
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Advocate

The agreement or the consensus was arrived between the union and the management, however to execute the decision taken mutually, the ratification of the higher competent authorities is to be sought by the management as a formality.

In my opinion there is no unfair practice can be pointed against the management for this act. 

If the consensus arrive at had not been implemented then the labour union can take up this matter by adopting the methods to confront the situation either legally or by demonstrations etc.

 

 
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