Greetings. We have a contract workmen union, and for a long time, we have been finalizing settlements with the contract labor union through a common settlement with all 8 contractors. However, we are also signing as witnesses.
In the meantime, one more union has been formed by the contract workmen, and we are not sure about the membership each union has. Now that the existing settlement period is over, both unions have presented their charter of demands, and we have been summoned separately for each charter of demands by the Conciliation Officer.
Whatever is negotiated is implemented through the contractors, but we are signing as witnesses. We are also ensuring the presence of the respective contractors during conciliation. It is uncertain whether both unions will come together for discussions. How can we navigate this situation? If we refuse discussions, there is a likelihood that the workmen may attempt to halt our operations.
I seek your expert advice on this matter. Thank you.
From India, Delhi
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19In the meantime, one more union has been formed by the contract workmen, and we are not sure about the membership each union has. Now that the existing settlement period is over, both unions have presented their charter of demands, and we have been summoned separately for each charter of demands by the Conciliation Officer.
Whatever is negotiated is implemented through the contractors, but we are signing as witnesses. We are also ensuring the presence of the respective contractors during conciliation. It is uncertain whether both unions will come together for discussions. How can we navigate this situation? If we refuse discussions, there is a likelihood that the workmen may attempt to halt our operations.
I seek your expert advice on this matter. Thank you.
From India, Delhi
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Negotiation Process for Unions
Normally, the negotiation will be common for all the unions. If it is a tripartite settlement, then the Conciliation Officer will call all the unions for negotiation. It is not common that the principal employer is also made a party to a settlement even as a witness because a party signed as a witness is deemed to have participated in the process. When a principal employer participates in a discussion of wage settlement of contractors, it would be easy for the workers to establish that the contract is a sham contract. Anyway, that is not the core of the discussion here.
Handling Union Disagreements
If the unions do not agree to a joint conciliation, then the labor officer will have to go for a referendum to determine who is the sole bargaining agent and if the other union has any right to give a charter of demands and to be made a party to a settlement. That will be a process that will always ignite rivalry among the workers and spoil industrial harmony. The contractors, who are the real employers in respect of these workers, will be just spectators in the game. The ultimate loser will be the principal employer. Though we can speak about the law and say that we do not have to negotiate with the contract workers and if the contract laborers have any concerns they can approach their respective employer, the contractors, in practice, this will not happen. If they resort to strike, the principal employer will be the only sufferer. Therefore, the matter has to be handled with care. If the Conciliation Officer is already in the picture, it is advised to follow his advice on this matter.
From India, Kannur
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Normally, the negotiation will be common for all the unions. If it is a tripartite settlement, then the Conciliation Officer will call all the unions for negotiation. It is not common that the principal employer is also made a party to a settlement even as a witness because a party signed as a witness is deemed to have participated in the process. When a principal employer participates in a discussion of wage settlement of contractors, it would be easy for the workers to establish that the contract is a sham contract. Anyway, that is not the core of the discussion here.
Handling Union Disagreements
If the unions do not agree to a joint conciliation, then the labor officer will have to go for a referendum to determine who is the sole bargaining agent and if the other union has any right to give a charter of demands and to be made a party to a settlement. That will be a process that will always ignite rivalry among the workers and spoil industrial harmony. The contractors, who are the real employers in respect of these workers, will be just spectators in the game. The ultimate loser will be the principal employer. Though we can speak about the law and say that we do not have to negotiate with the contract workers and if the contract laborers have any concerns they can approach their respective employer, the contractors, in practice, this will not happen. If they resort to strike, the principal employer will be the only sufferer. Therefore, the matter has to be handled with care. If the Conciliation Officer is already in the picture, it is advised to follow his advice on this matter.
From India, Kannur
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LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip