Navigating Union Settlements: How Do I Legally Approach This and Understand the Charter of Demand?

Kindly let me know the legal procedure for settlement with the union. Also, I need help to understand the draft of the Charter of Demand.

Regards,
Rahul
Baroda, Gujarat

Settlement Under Section 12(3) of the Industrial Disputes Act, 1947

A settlement arrived at a conciliation under Section 12(3) of the Industrial Disputes Act, 1947, shall be in Form H as per Rule 58 of the Industrial Disputes (Central) Rules, 1957. If it is a bilateral settlement, the same may be in Form HH (please see your State's rule in this regard).

Please see the attachment and make modifications as per your requirements.

Regards,
Madhu.T.K

As per the Industrial Disputes Act, we are conducting wage agreements with our employees under either Section 8(1) or Section 12(3). Our general practice is to set the Long Term Settlement (LTS) for a maximum period of 3 years. Is there a possibility to extend it to a maximum of 5 years?

I believe there is no specific clause or section that limits the settlement period duration. Can you please share your views on this matter?

Regards,
P. PACKIARAJ

I need help. In our case, we have placed demands before our employer, and discussions were ongoing. However, they turned sour, and we wish to ask for a conciliation officer to take over. Can seniors from this site help me with how to draft the letter for the same?

With regards.

For this, a copy of the letter/demand notice given to the employer, along with a covering letter stating that the demand letter (enclosed) was given to the employer on (date), but the employer has not called for conciliation or the conciliation did not find any result. Requesting the Labour Officer/Asst. Labour Commissioner to intervene and settle the dispute may be sent to the appropriate authority.

On receipt of your request, the Conciliation Officer will send a notice of the hearing to the employer and the representatives of the employees and will hold conciliation.

Regards,
Madhu.T.K

We have prepared like this and submitted it to the officer to conciliate in the matter, but I want to know more on this subject. Please go through and comment.

Regards.

This is fine. Though it is not necessary to mention in your letter that if no settlement is reached during conciliation, the same can be referred for adjudication because that is a fact. In the course of conciliation, if a settlement is not reached, the dispute will be referred for adjudication. Anyway, the conciliation officer will call both the Union and the employer for a discussion, and in the hearing, both of you can have a detailed discussion on various demands and arrive at a settlement. The Conciliation Officer will help both parties in reaching a settlement. For this, you may have to have three or four sittings. Once a settlement is made, it will be recorded in Form H.

Regards,
Madhu.T.K