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Sourav Hajra (Director)     16 March 2013

How to appeal to labor courts?

We are a small company trying our best to systemize and operate as per govt norms. Earlier along with 12 hours of duty, we used to provide our employees with commission of 5% above certain sale targets. Since we are trying to bring everything under norms, we hae promised to pay the employees the same salary for 8 hours of service. But when it comes to removing the commission system, we are facing pressure from their trade union saying that we cannot remove the benefits which we had been providing earlier.

We wanted to take this case up to the labor courts or similar authority as the trade union is trying to get an unfair bargain. So how do we go about the whole thing?

P.S. Appointment letters yet to be issued but after finalizing the terms.

Thanks and Regards



Learning

 3 Replies

santosh (engineer)     17 March 2013

Just issue a notification of cutting commission and implement it after 15 days. If Trade Union wants to resist they can write to RLC or issue strike notice. Either way let the matter go for concilation where you can present your stand.

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Sourav Hajra (Director)     18 March 2013

Thank you Mr. Santosh. How well do you think we stand in this case?

santosh (engineer)     18 March 2013

Just to amend my last answer please give the notice of 21 days. for details go through Industrial Dispute Act 9A at https://www.vakilno1.com/bareacts/industrialdisputesact/s9a.htm and https://www.vakilno1.com/bareacts/industrialdisputesact/schedule4.htm . Rest as regard to your stand is concerned I am positive about it. 

Wish you all the best.

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