Umakanthan53
Labour Law & Hr Consultant
Manojkamble
Sr. Hr Executive
Bharat Gera
Principal Hr Consultant
+2 Others

Thread Started by #PM78

If organisation agreed LTS within union but during LTD period, If no union member remain in organisation and organisation culture is calm. Management is not ready to renew LTS for further period considering calm culture. What will be legal liabilities or what laws allowed ?
17th May 2017 From India, Delhi
Any settlement once reached between the Management and union of employees relating to service conditions would be in force even after its date of expiration until it is replaced by another settlement.
18th May 2017 From India, Salem
Dear fellow,
If as you there in no union members existing now in the organisation , although the present settlement continues , whom does it apply to? And further,what is point in entering into fresh settlement when there is no workman/ union member left.
Regards
V.L.Nagarkar
HR-Consultant
18th May 2017 From India, Mumbai
In my view, if there is not employee under Union remains in the organisation then the LTS is already became void. As there is no one to whom company will give those benefits as mentioned in the LTS.
19th May 2017
I've a different perception in view of the situation described to be prevailing after the signing of the LTS. The poster just says that the Union is not in existence because of the subsequent exit of all its members and not that the organization goes on without any employees. Any long term settlement covering common issues like wages and other service conditions is based on the principle of plurality of representation of workmen/employees. So, the facts that the Union is just a representative body of the workmen and only by virtue of its majority of membership it was permitted to sign the settlement and that the uniform implementation of the terms of the settlement to all employees including non-members of the union would imply that the settlement would survive the natural demise the Union on account of the exit of all its members till its date of expiration or its replacement by another one. Sec.19 of the Industrial Disputes Act,1947 may be referred to in this regard.
20th May 2017 From India, Salem
1. Any LTS is applicable to those workmen whether in the union or not but subscribe to the LTS by signing the acceptance declaration to the settlement.
2. If there are no workmen left who subscribed to the settlement, they continue to get benefit/s if any ensured by the LTS.
3. LTS once subscribed becomes service condition which cant be altered or changed without following due process of law.
24th May 2017 From India, Thane
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