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
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From India, Mumbai
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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, namely the 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 bilateral 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, namely worker and workman, for both denote a person who works for the other for hire or reward.
From India, Salem
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6108Qualitatively 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, namely the 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 bilateral 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, namely worker and workman, for both denote a person who works for the other for hire or reward.
From India, Salem
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From India, Pune
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From India, Pune
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in one sentence - Agreement & settlement. Agreed terms & comdition to perform & Act between Two or More Pwesons Shri Nathrao is right . Regards
From India, Mumbai
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From India, Mumbai
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Dear Mr. Umakanthan,
You have provided clear, to-the-point, and very relevant definitions. Your posts are based on your self and your rich experience as Addl. Labour Commissioner, which you share for our support. Congratulations and keep it up!
Regards,
RDS Yadav
Director,
Future Instt Of Engg and MANAGEMENT TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
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You have provided clear, to-the-point, and very relevant definitions. Your posts are based on your self and your rich experience as Addl. Labour Commissioner, which you share for our support. Congratulations and keep it up!
Regards,
RDS Yadav
Director,
Future Instt Of Engg and MANAGEMENT TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
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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 a 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 to include all those hired for wages or rewards to do work of manual, skilled, unskilled, or clerical nature, etc.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Mr. Umakantan,
Regarding your query about the difference between agreement and settlement, an agreement is the term used when two or more parties reach an understanding to conduct business or a deal, which is formalized with specific conditions. In case of a violation of the agreement, any party involved may be held liable for breaching the agreed-upon terms. On the other hand, settlement signifies the conclusion of a particular process or agreement. For instance, when an employee leaves a company, they may undergo a Full and Final Settlement. Similarly, when terminating an agreement with a company, one must transfer all relevant documents to the principal employer.
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S. Venkata Ramana
From India, Visakhapatnam
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Regarding your query about the difference between agreement and settlement, an agreement is the term used when two or more parties reach an understanding to conduct business or a deal, which is formalized with specific conditions. In case of a violation of the agreement, any party involved may be held liable for breaching the agreed-upon terms. On the other hand, settlement signifies the conclusion of a particular process or agreement. For instance, when an employee leaves a company, they may undergo a Full and Final Settlement. Similarly, when terminating an agreement with a company, one must transfer all relevant documents to the principal employer.
Regards,
S. Venkata Ramana
From India, Visakhapatnam
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@Svramana, a settlement in the context of industrial relations means settling an issue, dispute, or difference between the parties thereto. This can only happen by way of an agreement to set at rest such issue, dispute, and difference on certain terms agreed upon between them. Thus, in an industrial relations context, an agreement that settles any dispute or difference culminates in a settlement. Therefore, it is part and parcel of a settlement, and there cannot be a settlement without an agreement between the parties. Of course, a mere agreement is not a settlement. For example, an agreement between the parties to discuss the differences or demands at a future date is not a settlement in the industrial relations context.
B.Saikumar HR & Labour Law Advisor
From India, Mumbai
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B.Saikumar HR & Labour Law Advisor
From India, Mumbai
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Letter of confirmation can be as simple as this:
"Sub: Confirmation of Service
Ref: [give appointment letter no. and date]
We are pleased to inform you that upon 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 the retirement age in the appointment letter/terms of employment."
From India, Bangalore
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"Sub: Confirmation of Service
Ref: [give appointment letter no. and date]
We are pleased to inform you that upon 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 the retirement age in the appointment letter/terms of employment."
From India, Bangalore
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Oops. Posted in error with an earlier reply.
Regarding the above query, the agreement is between management and the union. It is bilateral. An agreement is called a settlement when it is facilitated by conciliation. See sec. 12(3) of the ID Act. Also, you can make an agreement a settlement by sending copies to authorities mentioned in the procedure in the ID Act and rules.
A worker is defined in the Factories Act. When we consider the number of workers for the coverage of provisions, it includes executives as well. A workman is defined in the ID Act and other IR-related Acts. Please refer to understand the difference.
From India, Bangalore
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Regarding the above query, the agreement is between management and the union. It is bilateral. An agreement is called a settlement when it is facilitated by conciliation. See sec. 12(3) of the ID Act. Also, you can make an agreement a settlement by sending copies to authorities mentioned in the procedure in the ID Act and rules.
A worker is defined in the Factories Act. When we consider the number of workers for the coverage of provisions, it includes executives as well. A workman is defined in the ID Act and other IR-related Acts. Please refer to understand the difference.
From India, Bangalore
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In a nutshell, an agreement is an event that occurs prior to the settlement, while settlement is the post-agreement stage, made as per the terms of the agreement or even beyond the scope of the terms of the agreement, on mutual consent between the two parties.
From India, Delhi
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From India, Delhi
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Industrial Relations.ppt
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