Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Sandee1983
Hr Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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Dear Sirs,
Please we have a union with whome we have 3yrs agreement which will expires on 31st March 2016. But Union representative want to start discussion before said agreement expire. Just want to know is it lawful?

Dear All, Please do the needfull. Need legal suggestion on the same issue.
Isn't it obvious ?
Your agreement / settlement expires in March.
Do you think the new agreement will just automatically fall in place ? Are you accepting all union demands and making none in them ?
It takes months of negotiations to get a settlement.
Naturally you need to start before.
If you start after the expiry, you will finally have to pay the arrears with interest perhaps

Dear Sandeep,
Why don't you refresh yourself by going thro section 19 of the ID Act,1947 which deals with period of operation of settlements and awards? The demand of the union is quite lawful. Like our learned friend Saswata Banerjee observed always it would be better to start negotiations well in advance before the expiry of the current settlement not only from the perspective of arrears but also from the point of view of cordial industrial relations. Ask the union to submit a formal charter of demands, study them carefully in the back-drop of the reasonableness of the demands, your financial position, counter-demands, if any that could be placed before the union etc., and arrange for bilateral negotiations forthwith.

Negotiating with the union will indicate that management is proactive and serious about Industrial Relations.
Trade union will also have time to prepare their charter of demands.
One must remember that Wage settlements can be precursor of improved morale and productivity and can be safely settled within the four walls of the factory.
Negotiations should never be in the spirit or mindset of mazdoor-malik.
Both are stakeholders in progress of company.
So go ahead and get ready for a win win wage negotiation and not wait till agreement expires.
Management can talk of aspects like variable pay linked to productivity.
Workmen see what is there in this for me,management sees how to keep it in the budget.
But when both parties have mutual confidence then things become easier.

Before starting the negotiations with the union is good ..
What company needs from union we can get it...after the expiry of the long settlement
Arrears can be avoided ..& production can be started early its benift to company

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