Dear Seniors,
I have following isssues,
We want to enter into wage agreement with Union.
First, what duration or period of agreement for wages/salaries we can enter for example 3 years, 5 years, 7 years, 10 years what is maximum limit for any wage agreement and settlement? I mean whioch would have legal binding on both the parties.
Second,if union refused to arrive at settlement and management arbitarily decides to pay revised pay scales unilaterilly to implement new salary/wages what should be procedure to legalise this implementation?
Third, Whether if union refused to arrive at settlement or agreement on wages whether management can exercise the agreement with individual employee to sign the seperate wage settlement/agreement and whether its legal?
Fourth, Whether notice of termination of old agreement is mandatory before submission of the new charter of demands?
Fifth, Can management also counter propose with their charter of demand?
Your expertise and advise highly appreciated...
Kind Regards
Abraham
From Saudi Arabia
1I have following isssues,
We want to enter into wage agreement with Union.
First, what duration or period of agreement for wages/salaries we can enter for example 3 years, 5 years, 7 years, 10 years what is maximum limit for any wage agreement and settlement? I mean whioch would have legal binding on both the parties.
Second,if union refused to arrive at settlement and management arbitarily decides to pay revised pay scales unilaterilly to implement new salary/wages what should be procedure to legalise this implementation?
Third, Whether if union refused to arrive at settlement or agreement on wages whether management can exercise the agreement with individual employee to sign the seperate wage settlement/agreement and whether its legal?
Fourth, Whether notice of termination of old agreement is mandatory before submission of the new charter of demands?
Fifth, Can management also counter propose with their charter of demand?
Your expertise and advise highly appreciated...
Kind Regards
Abraham
From Saudi Arabia
Hi Abraham,
Your question needs response from hardcore Personnel & IR professional who has successful track record in the field. Let me give reply point by point……
Any wage settlement or Agreement period can be up to maximum of three to five years Please refer ID Act. Because presently I am not in India otherwise I could have given you the section and some Court Cases references as well because when I was in India I did wage agreement bi-partite and settlement during the course of conciliations as well as through courts from three to five years. Although when I was working for Public Sector Company as Personnel Manager I did agreement as per the Recommendations of Fifth Pay Commission for the period of 10 years. That was from 1997 to 2007.
In case Union did not arrive at amicable settlement or agreement they may approach to adjudication or arbitration but against any agreement even if that agreement is valid and signed by same unions who may raise objections to terminate or review the same due to the change in facts and circumstances is basis for arguments. Other means available to the management is called “TO PAY” this management takes written consent of employees on “TO PAY” Form for revised salary under unilateral management decision to introduce or implement wage revision if union is not in position to arrive at negotiations due to some or other reasons which can be anything.
Notice of termination is required for only interim application or charter of demand during the tenure of existing agreement if union want to amend this agreement. At the end of agreement it automatically expires and no fresh notice of termination is mandatory.
Once you receive charter of demand management may after careful review of financial implication workout strategies to submit during any of the negotiations meeting to propose their charter of demands to withdraw some privileges, customary concessions or practices and benefits which are not viable as per management.
I hope your all queries are resolved…………
Badlu
From Saudi Arabia
Your question needs response from hardcore Personnel & IR professional who has successful track record in the field. Let me give reply point by point……
Any wage settlement or Agreement period can be up to maximum of three to five years Please refer ID Act. Because presently I am not in India otherwise I could have given you the section and some Court Cases references as well because when I was in India I did wage agreement bi-partite and settlement during the course of conciliations as well as through courts from three to five years. Although when I was working for Public Sector Company as Personnel Manager I did agreement as per the Recommendations of Fifth Pay Commission for the period of 10 years. That was from 1997 to 2007.
In case Union did not arrive at amicable settlement or agreement they may approach to adjudication or arbitration but against any agreement even if that agreement is valid and signed by same unions who may raise objections to terminate or review the same due to the change in facts and circumstances is basis for arguments. Other means available to the management is called “TO PAY” this management takes written consent of employees on “TO PAY” Form for revised salary under unilateral management decision to introduce or implement wage revision if union is not in position to arrive at negotiations due to some or other reasons which can be anything.
Notice of termination is required for only interim application or charter of demand during the tenure of existing agreement if union want to amend this agreement. At the end of agreement it automatically expires and no fresh notice of termination is mandatory.
Once you receive charter of demand management may after careful review of financial implication workout strategies to submit during any of the negotiations meeting to propose their charter of demands to withdraw some privileges, customary concessions or practices and benefits which are not viable as per management.
I hope your all queries are resolved…………
Badlu
From Saudi Arabia
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Draft wage agreement.pdf