What are the main basic steps to be taken by principal employer before doing settlement under 18(1) of Industrial dispute act,1948?
From India, Dehra Dun
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From India, Dehra Dun
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By principal employer, you must be meaning the employer only. First, you need to have clarity about these concepts since they have specific meanings in law. A principal employer in law does not mean an immediate employer. Now, the basic steps that precede a settlement under Sec. 18(1) of the ID Act are:
1) There must be some demands from the union regarding terms of employment or conditions of service of workmen.
2) There must be negotiation between the management and the union on such demands.
3) There must be an agreement on all or on some of the demands between the management and the union.
4) The management and the union shall agree that the matters with regard to which there is an agreement shall be deemed to have been settled.
5) The agreement shall be reduced to writing in the form of a settlement to be signed by the representatives of management and the union authorized to do so.
Hope this answers your question.
B. Saikumar
In-House HR & IR Advisor
From India, Mumbai
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19311) There must be some demands from the union regarding terms of employment or conditions of service of workmen.
2) There must be negotiation between the management and the union on such demands.
3) There must be an agreement on all or on some of the demands between the management and the union.
4) The management and the union shall agree that the matters with regard to which there is an agreement shall be deemed to have been settled.
5) The agreement shall be reduced to writing in the form of a settlement to be signed by the representatives of management and the union authorized to do so.
Hope this answers your question.
B. Saikumar
In-House HR & IR Advisor
From India, Mumbai
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Mere reading between the lines of Sec. 18(1) may not serve your purpose. In fact, the whole of Chapter IV of the ID Act pertaining to the "Procedure and powers of the various authorities" needs to be read before making any interpretation of Sec. 18(1), ibid. Section 18(1) merely states about the persons on whom settlements and awards are binding and speaks only about settlements and awards which have already been arrived at or granted by the competent authority and have to be enforced. Section 11, ibid, provides details about the "procedure and powers of conciliation officers, Boards, Courts, and Tribunals" after observing which settlements and awards are made.
From India, Delhi
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From India, Delhi
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Sec. 18(1) settlement is a mutual agreement between an employer and an employee/employees/union representatives. It should be in Form-H, and the terms and settlement details should be clearly written down, specifying the period of the settlement. After verification, both parties should sign the settlement with witnesses. A copy of the same should also be submitted to the Labour Department Authorities for registration in their office.
From India, Hyderabad
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From India, Hyderabad
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I think learned friends M/s. Saikumar, Dhingra, and Gurumurthy have explained the prerequisites, form, and enforceability of a settlement arrived at under Sec. 18(1) of the I.D. Act, 1947. As Dhingra rightly pointed out, the proper understanding of this type of bilateral agreement, popularly called a "Sec. 18(1) settlement," would be possible only from a conjunctive reading of the sections noted by him. Particularly, the definition of the term 'settlement' u/s 2(p) is of wider import to the present discussion as it stipulates certain essential conditions from which a mere bilateral agreement becomes a settlement.
From India, Salem
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From India, Salem
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