We are in the process of finalizing an agreement with the Trade Union. Could anyone please email or provide some draft agreements, or advise on what care should be taken—do's and don'ts? I believe this is a crucial topic, and the information shared by experts will be beneficial to all.
Thanks,
Bharat Gadariya
From India, Ahmedabad
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2Thanks,
Bharat Gadariya
From India, Ahmedabad
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You should not rely on others' agreements as ALL agreements are unique. My only advice is that you VERY carefully review ALL drafts before signing the final agreement. Pay particular attention to grammar, especially full stops, commas, semicolons, etc., as they can change the whole structure and meaning of a sentence. For example, read the following line slowly: GODISNOWHERE. Did you read it as "God is nowhere" or "God is now here"? Get my point? Remember, all agreements are subject to interpretation, and you must safeguard yourself for the future.
I hope the above helps and gives you some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
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I hope the above helps and gives you some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
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Every organization has its systems and policies. You cannot use a standard draft agreement for a settlement with the Trade Union. It would not be right for the organization. You need to discuss the matter with the Union and then draft the agreement with the help of your legal department and/or legal advisor.
Thanks,
Avika
From India, New Delhi
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Thanks,
Avika
From India, New Delhi
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ID Act Gujarat Rule XVI Format
Please refer to the ID Act Gujarat rule XVI for the format. The main clauses are:
1. Title and the relevant clause of the ID Act.
2. Names of the parties involved.
3. Brief summary of the case.
4. Objectives of the settlement.
5. Applicability of the settlement.
6. Duration of the settlement period.
7. Benefits provided under the settlement (including precise details, examples, eligibility criteria, and coverage).
8. General clauses of the settlement (including all other binding terms and conditions). Any demands outlined in the Unions' Charter of Demands that are not explicitly addressed in this settlement shall be considered resolved or withdrawn. Additionally, any other issues or disputes related to service conditions, with financial implications or otherwise, raised by the signing Unions and currently under consideration by conciliation officers or other Adjudicating Authorities, shall also be resolved or withdrawn.
Furthermore:
- The Unions agree not to raise any demands during the settlement period that may have financial implications directly or indirectly.
- Employees benefiting from this settlement must comply with all its terms and conditions. Failure to do so may result in the company withdrawing or recovering any benefits provided to non-supervisory employees under this settlement.
For more technical details, please refer to the attached article of mine published in a newsletter.
Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Please refer to the ID Act Gujarat rule XVI for the format. The main clauses are:
1. Title and the relevant clause of the ID Act.
2. Names of the parties involved.
3. Brief summary of the case.
4. Objectives of the settlement.
5. Applicability of the settlement.
6. Duration of the settlement period.
7. Benefits provided under the settlement (including precise details, examples, eligibility criteria, and coverage).
8. General clauses of the settlement (including all other binding terms and conditions). Any demands outlined in the Unions' Charter of Demands that are not explicitly addressed in this settlement shall be considered resolved or withdrawn. Additionally, any other issues or disputes related to service conditions, with financial implications or otherwise, raised by the signing Unions and currently under consideration by conciliation officers or other Adjudicating Authorities, shall also be resolved or withdrawn.
Furthermore:
- The Unions agree not to raise any demands during the settlement period that may have financial implications directly or indirectly.
- Employees benefiting from this settlement must comply with all its terms and conditions. Failure to do so may result in the company withdrawing or recovering any benefits provided to non-supervisory employees under this settlement.
For more technical details, please refer to the attached article of mine published in a newsletter.
Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Dear Mr. Bharat, any agreement between the union and the employer will not be a normal agreement that can't be revealed. All HR professionals can guide you, but no one will supply you with a ready-made agreement because:
1. The charter of demands varies.
2. The nature of the atmosphere is different.
3. The circumstances of disputes/agreements differ.
4. An agreement is a condition settled between parties, which is unique.
Therefore, try to familiarize yourself with the law, and based on the suggestion of Mr. Shailesh, you can structure the agreement accordingly.
Regards
From India, Pune
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1. The charter of demands varies.
2. The nature of the atmosphere is different.
3. The circumstances of disputes/agreements differ.
4. An agreement is a condition settled between parties, which is unique.
Therefore, try to familiarize yourself with the law, and based on the suggestion of Mr. Shailesh, you can structure the agreement accordingly.
Regards
From India, Pune
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In addition to what Mr. Sailesh has mentioned, I would suggest you include in the agreement details regarding discipline and productivity to be maintained by the workers/employees throughout the agreement period. Failure to do so will be considered a breach of the agreement.
Best wishes,
Eswararao Ivaturi.
From United States, Cupertino
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Best wishes,
Eswararao Ivaturi.
From United States, Cupertino
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It's a serious matter when you are making an agreement with any client, union, vendor, or employee. It is good to seek advice from your legal advisory team or contact a lawyer who can assist you in this regard.
Thank you.
Regards.
From India, Mumbai
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Thank you.
Regards.
From India, Mumbai
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Generally, in most agreements, it is mentioned that "the past practice is to be continued." However, it is often difficult to know what exactly that practice was. Therefore, I suggest that everything be reproduced again in detail within the agreement.
Regards,
Anant
From India, Pune
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Regards,
Anant
From India, Pune
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Dear Bharat Gadariya Find the attachment may it gives some idea to start a draft Regards Mahesh Asst Manager-HR
From India, Raichur
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From India, Raichur
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Dear Bharat,
I just concluded a prolonged negotiation with my Union. Here are some do's and don'ts you may like to include in your agreement:
GENERAL TERMS:
a) All workmen shall remain present at their respective places of work to take charge punctually at the commencement of their respective scheduled working hours and shall not leave their scheduled places of work before the scheduled closing time.
b) All workmen who are under pending enquiry/suspension shall not be allowed to enter the factory premises except with the specific permission of the Factory Manager/Manager HR.
c) The Model Standing Orders as framed under the rules by the Government of Maharashtra under the Industrial Employment (Standing Orders) Act 1946 shall be applicable to the workmen, as amended from time to time.
d) All workmen agree that they are bound by the duties and responsibilities of the Factories Act, 1948, and rules made therein, as well as Standing Orders applicable to the Company and other such labor enactments as applicable to them. The workmen agree that they shall not do or cause to do any act, which shall be in contravention of their obligations under the said Act(s).
e) All workmen shall desist from chewing paan, paan masala, tobacco, and/or smoking cigarettes/beedi, consuming alcohol, etc., at the workplace. All workmen shall try to make the factory a 'Tobacco-Free Area' and will extend wholehearted support.
f) All workmen shall give their wholehearted support and actively participate in various activities like sports, cultural, and social programs organized by the Company. These forums shall not be used as bargaining platforms as these activities are intended to foster a better quality of work life.
g) All workmen hereby agree to abide by the code and all other policies framed by the Company from time to time.
h) Safety rules, as may be communicated in any form from time to time, will need to be strictly followed. Any failure to comply with the safety rules or norms shall amount to an act of misconduct. Accidents arising out of the violation of safety rules communicated in any form from time to time will be dealt with strictly.
i) The workmen agree that they shall, with their wholehearted and genuine cooperation, support the management in maintaining good work practices, such as raising production and productivity and quality of the products of the company (current as well as new ones, if any, in their different forms, models, variants, etc.) and through various workplace improvement initiatives, tools, and processes like Lean Manufacturing, TQM, TPM, 5S, Quality Circle, Kaizen Scheme, etc.
j) The workmen and Union, in particular, agree and reassure that they will not resort to any coercive practices such as go-slow, illegal work stoppage, sit-in/stay-in illegal strikes, tool down. In such an event, the Company shall have the right to take strict disciplinary action.
k) Both parties agree that they will resort only to constitutional methods for resolving disputes and will not resort to coercive methods.
l) It is agreed that if ten or more workmen acting in concert absent themselves without due notice and without reasonable cause, the Company will be in its right to take any strict disciplinary action.
m) In the event of any illegal stoppage of work or refusal of work, either individually or collectively, the workmen concerned shall not be entitled to wages on a pro-rata basis for the relevant period on the "No Work No Pay" principle.
n) It has been agreed by the Union and workmen that they will cooperate with the Company to meet business requirements/exigencies.
o) All workmen will not change any machine or equipment parameter(s) which are fixed to achieve the desired production and productivity. If the management observes any changes or manipulations in the parameters which are fixed to achieve the right quality and productivity, such or similar incidences will be treated as serious misconduct and liable for strict disciplinary action.
p) The employees shall strictly follow the time allocated for breakfast, lunch, etc. Any employee observed in the canteen area beyond the prescribed time shall be liable for strict disciplinary action.
q) All workmen will be cost-conscious, will ensure and feel responsible to minimize consumption of direct, indirect material, power, compressed air, lighting, water, tools, plant and machinery, gauges, consumables, etc.
r) All workmen will, on their own, take corrective actions to resolve the routine problems that arise in carrying out the work assigned to them to ensure a smooth and efficient flow of work.
s) All employees will fill in the necessary reports in the prescribed formats as indicated by their superiors from time to time and do all related activities as indicated by superiors.
t) Breakdowns will be brought to the notice of the immediate superior immediately. Collective effort will be made to ensure no loss of production occurs by using alternate methods under such breakdowns.
u) All workmen will devote their whole time and attention to the Company's business only.
v) All workmen shall be responsible for clean and neat housekeeping in and around their workplace. They shall ensure 5S before leaving their place of work.
w) All workmen shall not leave their place of work/section/department before the scheduled time or rest interval, and also they shall report at their workplace before the end of the rest intervals.
x) All workmen will keep the workplace neat and clean, including machines, machine tools, fixtures, manipulators, etc.
y) The union/workmen agree to maintain strict discipline everywhere inside the factory premises. The company as well as the Union agree not to support or encourage any unfair labor practices and shall take effective steps to put a stop to such practices if and when noticed.
z) The terms set out in this settlement are a composite package of benefits to be viewed in its entirety and not in isolated parts.
aa) In case of illegal stoppage of work or paralyzing of work due to bandh declared by any association/political party or any such body, the union and the workmen agree to work on the subsequent weekly off in accordance with the provisions of the Factories Act to recover the loss of production at the discretion of the Management. The workmen shall not be paid any additional remuneration as agreed in this settlement for such working on a weekly off day. In case no such substitute working is performed, one day leave of all such workmen will be adjusted at the discretion of the Management.
bb) Eatables which are provided in the canteen hall should be consumed in the canteen itself and should not be brought out to the workplace.
cc) During the working hours, the workmen should maintain their dress code and carry their identity card in the premises.
dd) Movement of Machine and Relocation - It is expressly made clear that the Company, at its discretion, may require relocating its manufacturing activity to any other place in view of the business needs or space constraints.
ee) It is assured by the company that all legal compliances will be followed; due to said changes, workmen's service conditions will not be adversely affected.
ff) No workmen are allowed to bring their personal belongings inside the factory premises.
gg) Use Of Mobiles - The workmen are not allowed to use mobile phones at their workplace. Failure to follow this will be considered an act of misconduct.
hh) Workmen shall keep the secrets of the Company and its parent, subsidiary, or associated companies and shall not, either during his employment or thereafter, divulge any matters or things relating to the business or interests of the Company or its parent or subsidiary or associated companies to any unauthorized person or utilize any secret or confidential knowledge or information acquired in consequence of his service to the detriment or prejudice of the Company or its parent or subsidiary or associated companies or for his own personal use or benefit or for making any financial or personal gain therefrom. Workmen shall also be deemed to have undertaken not to utilize any trade information or technical know-how or other industrial property rights of the Company and its parent, subsidiary, and associated companies, for his own personal use or benefit or in any manner prejudicial to the interests of the Company during his employment.
ii) Workmen shall also keep the secrets of any company, firm, or person with whom the Company or its parent, subsidiary, or associated companies may at any time during the continuance of his employment be in commercial or technical cooperation or association, and he shall hereby expressly bind himself both during the period of his employment with the Company thereof not to divulge any matter or thing relating to the business or interests of any such company, firm, or person to any unauthorized person or to utilize any secret or confidential knowledge or information acquired in consequence of his employment to the detriment or prejudice of any such company, firm, or person.
jj) Workmen shall not, during the continuance of their employment with us, undertake/engage in any kind of activity/business in any capacity whatsoever which generates additional income and which interferes at their workplace. Such a violation will be considered an act of misconduct and will be dealt with accordingly. However, social service, social work beyond office hours, and which do not generate any income amounting to double employment will not come under the purview of the above clause.
Regards
From India, Jammu
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I just concluded a prolonged negotiation with my Union. Here are some do's and don'ts you may like to include in your agreement:
GENERAL TERMS:
a) All workmen shall remain present at their respective places of work to take charge punctually at the commencement of their respective scheduled working hours and shall not leave their scheduled places of work before the scheduled closing time.
b) All workmen who are under pending enquiry/suspension shall not be allowed to enter the factory premises except with the specific permission of the Factory Manager/Manager HR.
c) The Model Standing Orders as framed under the rules by the Government of Maharashtra under the Industrial Employment (Standing Orders) Act 1946 shall be applicable to the workmen, as amended from time to time.
d) All workmen agree that they are bound by the duties and responsibilities of the Factories Act, 1948, and rules made therein, as well as Standing Orders applicable to the Company and other such labor enactments as applicable to them. The workmen agree that they shall not do or cause to do any act, which shall be in contravention of their obligations under the said Act(s).
e) All workmen shall desist from chewing paan, paan masala, tobacco, and/or smoking cigarettes/beedi, consuming alcohol, etc., at the workplace. All workmen shall try to make the factory a 'Tobacco-Free Area' and will extend wholehearted support.
f) All workmen shall give their wholehearted support and actively participate in various activities like sports, cultural, and social programs organized by the Company. These forums shall not be used as bargaining platforms as these activities are intended to foster a better quality of work life.
g) All workmen hereby agree to abide by the code and all other policies framed by the Company from time to time.
h) Safety rules, as may be communicated in any form from time to time, will need to be strictly followed. Any failure to comply with the safety rules or norms shall amount to an act of misconduct. Accidents arising out of the violation of safety rules communicated in any form from time to time will be dealt with strictly.
i) The workmen agree that they shall, with their wholehearted and genuine cooperation, support the management in maintaining good work practices, such as raising production and productivity and quality of the products of the company (current as well as new ones, if any, in their different forms, models, variants, etc.) and through various workplace improvement initiatives, tools, and processes like Lean Manufacturing, TQM, TPM, 5S, Quality Circle, Kaizen Scheme, etc.
j) The workmen and Union, in particular, agree and reassure that they will not resort to any coercive practices such as go-slow, illegal work stoppage, sit-in/stay-in illegal strikes, tool down. In such an event, the Company shall have the right to take strict disciplinary action.
k) Both parties agree that they will resort only to constitutional methods for resolving disputes and will not resort to coercive methods.
l) It is agreed that if ten or more workmen acting in concert absent themselves without due notice and without reasonable cause, the Company will be in its right to take any strict disciplinary action.
m) In the event of any illegal stoppage of work or refusal of work, either individually or collectively, the workmen concerned shall not be entitled to wages on a pro-rata basis for the relevant period on the "No Work No Pay" principle.
n) It has been agreed by the Union and workmen that they will cooperate with the Company to meet business requirements/exigencies.
o) All workmen will not change any machine or equipment parameter(s) which are fixed to achieve the desired production and productivity. If the management observes any changes or manipulations in the parameters which are fixed to achieve the right quality and productivity, such or similar incidences will be treated as serious misconduct and liable for strict disciplinary action.
p) The employees shall strictly follow the time allocated for breakfast, lunch, etc. Any employee observed in the canteen area beyond the prescribed time shall be liable for strict disciplinary action.
q) All workmen will be cost-conscious, will ensure and feel responsible to minimize consumption of direct, indirect material, power, compressed air, lighting, water, tools, plant and machinery, gauges, consumables, etc.
r) All workmen will, on their own, take corrective actions to resolve the routine problems that arise in carrying out the work assigned to them to ensure a smooth and efficient flow of work.
s) All employees will fill in the necessary reports in the prescribed formats as indicated by their superiors from time to time and do all related activities as indicated by superiors.
t) Breakdowns will be brought to the notice of the immediate superior immediately. Collective effort will be made to ensure no loss of production occurs by using alternate methods under such breakdowns.
u) All workmen will devote their whole time and attention to the Company's business only.
v) All workmen shall be responsible for clean and neat housekeeping in and around their workplace. They shall ensure 5S before leaving their place of work.
w) All workmen shall not leave their place of work/section/department before the scheduled time or rest interval, and also they shall report at their workplace before the end of the rest intervals.
x) All workmen will keep the workplace neat and clean, including machines, machine tools, fixtures, manipulators, etc.
y) The union/workmen agree to maintain strict discipline everywhere inside the factory premises. The company as well as the Union agree not to support or encourage any unfair labor practices and shall take effective steps to put a stop to such practices if and when noticed.
z) The terms set out in this settlement are a composite package of benefits to be viewed in its entirety and not in isolated parts.
aa) In case of illegal stoppage of work or paralyzing of work due to bandh declared by any association/political party or any such body, the union and the workmen agree to work on the subsequent weekly off in accordance with the provisions of the Factories Act to recover the loss of production at the discretion of the Management. The workmen shall not be paid any additional remuneration as agreed in this settlement for such working on a weekly off day. In case no such substitute working is performed, one day leave of all such workmen will be adjusted at the discretion of the Management.
bb) Eatables which are provided in the canteen hall should be consumed in the canteen itself and should not be brought out to the workplace.
cc) During the working hours, the workmen should maintain their dress code and carry their identity card in the premises.
dd) Movement of Machine and Relocation - It is expressly made clear that the Company, at its discretion, may require relocating its manufacturing activity to any other place in view of the business needs or space constraints.
ee) It is assured by the company that all legal compliances will be followed; due to said changes, workmen's service conditions will not be adversely affected.
ff) No workmen are allowed to bring their personal belongings inside the factory premises.
gg) Use Of Mobiles - The workmen are not allowed to use mobile phones at their workplace. Failure to follow this will be considered an act of misconduct.
hh) Workmen shall keep the secrets of the Company and its parent, subsidiary, or associated companies and shall not, either during his employment or thereafter, divulge any matters or things relating to the business or interests of the Company or its parent or subsidiary or associated companies to any unauthorized person or utilize any secret or confidential knowledge or information acquired in consequence of his service to the detriment or prejudice of the Company or its parent or subsidiary or associated companies or for his own personal use or benefit or for making any financial or personal gain therefrom. Workmen shall also be deemed to have undertaken not to utilize any trade information or technical know-how or other industrial property rights of the Company and its parent, subsidiary, and associated companies, for his own personal use or benefit or in any manner prejudicial to the interests of the Company during his employment.
ii) Workmen shall also keep the secrets of any company, firm, or person with whom the Company or its parent, subsidiary, or associated companies may at any time during the continuance of his employment be in commercial or technical cooperation or association, and he shall hereby expressly bind himself both during the period of his employment with the Company thereof not to divulge any matter or thing relating to the business or interests of any such company, firm, or person to any unauthorized person or to utilize any secret or confidential knowledge or information acquired in consequence of his employment to the detriment or prejudice of any such company, firm, or person.
jj) Workmen shall not, during the continuance of their employment with us, undertake/engage in any kind of activity/business in any capacity whatsoever which generates additional income and which interferes at their workplace. Such a violation will be considered an act of misconduct and will be dealt with accordingly. However, social service, social work beyond office hours, and which do not generate any income amounting to double employment will not come under the purview of the above clause.
Regards
From India, Jammu
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My only advice is that you VERY carefully review ALL drafts before signing the final agreement. Pay particular attention to grammar, especially full stops, commas, semi-colons, etc., as they can change the whole structure and meaning of a sentence.
Another famous example is "He eats shoots and leaves." It can mean he eats only young leaves of plants and departs, or he eats the food, shoots somebody, and then goes out. There is also a book with that title.
Regards,
R. Ramamurthy
From India, Bangalore
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Another famous example is "He eats shoots and leaves." It can mean he eats only young leaves of plants and departs, or he eats the food, shoots somebody, and then goes out. There is also a book with that title.
Regards,
R. Ramamurthy
From India, Bangalore
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Dear . Agreement With Trade union Is Game with Fire , It will be damage your Organistion Reputation, Before that You Go To SWOT. A S HALESH
From India, Bangalore
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From India, Bangalore
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Please refer to this https://www.citehr.com/311710-trade-...ttlements.html.
Regards,
Jawed Alam
From India, Dhanbad
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Regards,
Jawed Alam
From India, Dhanbad
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Advice on Trade Union Settlements
My sincere suggestion is not to rely on trade union settlement templates. It is a very sensitive issue and highly customized based on your terms of agreement. Please consult an expert and have it drafted specifically for your industry.
Settlements have far-reaching consequences and become legally binding on both parties in times to come.
Regards,
Anil Kaushik
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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My sincere suggestion is not to rely on trade union settlement templates. It is a very sensitive issue and highly customized based on your terms of agreement. Please consult an expert and have it drafted specifically for your industry.
Settlements have far-reaching consequences and become legally binding on both parties in times to come.
Regards,
Anil Kaushik
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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