We are entering into a settlement with our workmen once every 3 years. Up to now, the distribution of the increase has been 50% in the 1st year and 25% in the 2nd and 3rd years. Our finance head has advised changing the percentages to 40:30:30 since the cash outflow is high in the first 2 years. Is he correct? Can we modify the existing setup? Can I obtain a copy of a settlement that was made for 3 or 5 years with the percentage distribution?
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Your fiancé's apprehension is correct. To amend the existing agreement, you have to discuss with the workmen and convince them. The amended clause you can (referring to the original agreement) enter into another settlement under Section 18(1) of the Industrial Disputes Act. I suggest it is always better to convert the same settlement under 18(1) into a settlement under Section 12(3) of the ID Act on a mutually agreed clause to avoid any future claims or interpretations.
From India, Madras
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Industrial Disputes Amendment Act 2010.doc
Industrial Disputes Act 1947.pdf