Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Rdsyadav
Educator, Management Consultant & Trainer
Svramana88
Sr Executive
Nathrao
Insolvency N Gst Professional
Yrshirke
Hr / Ir
+2 Others

Dear All, 1.) Any one give replay difference between Agreement and Settlement. Need to clear confusion. 2.) Difference between worker and workmen.
From India, Mumbai
I think the queries are only in the context of industrial relations.

Qualitatively or content-wise, an agreement is the state of harmony of opinion or consensus between two or more persons as to a course of action leading to a specific result of mutual gain or gratification. Physically or form-wise it is the instrument embodying the consensual points in definite or unambiguous terms in writing. Simply put it is a contract creating mutual rights and obligations. A settlement is also a contract of consensus between the two disputants viz employer and workmen on the terms and conditions of employment brought about by conciliation or mediation by a third person appointed by the Government or through bi-lateral negotiations by the disputants themselves or collective bargaining. Effectually, an agreement or settlement is the amicable resolution of the conflict of interests between the partners of production.

No difference between the two derivative terms viz., worker and workman for both denote a person who works for the other for hire or reward.

From India, Salem
https://www.citehr.com/66584-differe...agreement.html
This gives some clarity to the query of agreement and settlement.
Sec 2(p) of the industrial disputes act defines settlement.
Worker is singular and workmen is the plural of the term with same meaning.

From India, Pune
in one sentence - Agreement & settlement. Agreed terms & comdition to perform & Act between Two or More Pwesons Shri Nathrao is right . Regards
From India, Mumbai
Dear Mr Umakanthan,
You have given here clear , to the point and very relevant definitions. In fact, as observed, your posts are based out on self and your rich experience as Addl. Labour Commissioner which you share for our support .Congrats and Keep up !!!
Regds,
RDS Yadav
Director,
Future Instt Of Engg and MANAGEMENT TECHNOLOGY
Labour Law Adviser
[email protected]

From India, Delhi
Adding to the excellent explanation given by Mr.Umakantan, the expressions 'agreement' and 'settlement' mean the same in terms of their meaning and content.However, in industrial relations context, an agreement is called settlement.Similarly in general parlance, a worker and a workman mean the same.However, in the context of industrial employment the expression 'workman' is more narrowly defined as to include all those hired for wages/reward' to do work of manual,skilled or unskilled or clerical nature etc.
B.Saikumar
HR & Labour Law advisor

From India, Mumbai
Mr.Umakantan,
As your asking the difference between agreement and settlement . agreement is the term is used when two or more parties come to understanding to do some business or deal their will be gone through agreement btw the parties laid with some conditions. Any of the party will be liable for volition of the agreement points. Coming to settlement , the word settlement it self says that end of certain process or agreement . (Ex. 1. One employees is left the services he has done with Full and Final Settlement . 2. One end the agreement with Ex. Company one has to handover all other documents to the principal employer related to him. )
Regards .
S.Venkata Ramana.

From India, Visakhapatnam
@Svramana. a settlement in the context of industrial relations means settling an issue,dispute or difference between the parties thereto and this can happen only by way of an agreement to set at rest such issue,dispute and difference on certain terms agreed up on between them.Thus in industrial relations context, an agreement if settles any dispute or difference,culminates into settlement and thus part & parcel of a settlement and therefore there cannot be a settlement without an agreement between the parties.Of course mere agreement is not settlement.For example, an agreement between the parties to discuss the differences or demands at a future date is not a settlement in industrial relations context..
B.Saikumar
HR & Labour Law advisor

From India, Mumbai
Letter of confirmation can be simple as this:
" Sub: confirmation of service
Ref: give appointment letter no. and date
We are pleased to inform that on satisfactory completion of probation, you are confirmed in the services of the company with effect from ** Feb 2016. Other terms and conditions of your service shall remain unchanged."
Hope you have mentioned about the retirement age in the appointment letter/terms of employment.

From India, Bangalore
Oops. Posted by error with an earlier reply.
Regarding the above query, agreement is between management and union. It is bilateral. Agreement is called settlement when it is facilitated by conciliation. See sec.12(3) of ID Act. Also, u can make an agreement a settlement by sending copies to authorities mentioned and procedure in the ID act and rules.
Worker is defined in Factories Act. When we take number of workers for coverage of provisions, it includes executives also. Workman is defined in ID Act and other IR related Acts. Please refer to see the difference.

From India, Bangalore

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