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saba-shaikh
Hello Learned Person,
Greetings of the day
My question to you all is
If there are two companies who are daughters of the a parent company and there is a single union demanding for a common charter of demand.
However, the management is not willing to have a common charter because it is not feasible for them and also their financial capacities are different.
How can the management resolve this issue in the pursuit of law and if any case laws or articles that would help the management justify their disapproval.
Thankyou for your time.

From India
nanu1953
334

If there is one common union for two organizations who have unique identity of their own , then tell Union that there will two MOS for two different organizations as they are financially not equivalent.

Take the matter to the labor directorate and convince them about the situation to convince Union accordingly by labor directorate.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in

From India, New Delhi
KK!HR
1531

There is nothing legally wrong in giving a unified charter of demands for two or more units. Indeed certain wage negotiations take place for the industry as a whole. The Indian Bank Association (IBA) has just now only concluded wage revision with the unions for a 17% increase across several Government banks. Similar is the case of the cement industry etc.
But the union cannot force the employer of the sister undertakings to jointly negotiate. One very important factor in wage negotiation is the capacity to pay and when it widely varies from one to another it will adversely affect the negotiations. If the nature of operations in both the units are not related then that would be another strong factor for keeping them separate. Let the negotiating teams for both industries be kept separate and they must refuse to discuss anything about the other unit.
The law on the point is that every company is separate entity and is a legal person.

From India, Mumbai
loginmiraclelogistics
1066

Legally two separate companies/employer can have two separate COD & MOU/Wage agreements despite the fact that all these and more Co’s can be under a single parent/holding Co.
From India, Bangalore
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