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D.Kumar (MANAGER - HR)     24 October 2011

Charter of demands

Dear All

In our factory at Noida, Management entered 12 (3) settlement with union. The members of the union joined another union and submitted fresh charter of demands during the currency of the settlement.

Under the above circumstance, what may be course of action that a management can adopt to tide over this crisis ?

Regards

Kumar

HR Manager



Learning

 6 Replies


(Guest)

Accept their charter on the grounds that they agree to your E.I[Efficiency Index].  Management can terminate services without notice if E.I falls below a preset limit to be decided by the management. E.I should be very complicated. Obviously they won't agree if enlightened in which case do some hard barganing with them.


(Guest)

Attached with this is one on the thousands of Effiency Indeces. Its a Powerpoint document.


(Guest)

ATTACHED HERE IS ONE SAMPLE EFFIENCY INDEX IN POWERPOINT FORMAT.


Attached File : 141100 219274 58 efficiency index.ppt downloaded: 84 times

SURESH GODBOLE (ADVOCATE)     28 October 2011

Pl clarify :-

               (i) Was there any clause in the previous Settlement that the Union , including their Office Bearers and its Members , will not raise any fresh demand concerning points mentioned in the Settlement agreed on  for a particular period of time .

                    If such a clause is incorporated , then they have NO RIGHT TO RAISE FRESH DEMANDS ON THE SAME POINTS ON WHICH THE SETTLEMENT HAS BEEN REACHED.

 

                  BUT even then if their demands are Purely on Humanitarian grounds and not unreasonable , the management can call them for discussion , explain to them though they have no rights as they are bound by the existing settlement still you are open to discussion,

                      In opinion the matter can be resolved .

                     0-9929596546


(Guest)

@Godbole: Correctly stated.

jaykumtekar (Legal Advisor)     02 November 2011

The fact remain is whether the union which had signed the settlement is a recognised union and whether they represent the majority of the employees and whether  the benefits of the said settlement has been enjoyed by all the employees.  After the settlement it is advised that the management takes an individual undertaking from the employees that they are accepting the amount derived from the settlement without any force or coercion. 

If the union is a majority union and recognised then the management has rightly entered into a settlement with the rightful unions.  Once the settlement is signed and registered with the appropriate government the benefits are to be paid to all the employees.   And once the benefits are accepted no fresh charter of demand can be raised by the other union  provided their members in miniority disagree with the settlement and does not take benefits from the same and challenge the same before the court.


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