Anonymous
Hello and Greetings,
I had a case study in my organization .
the Case Study is as Follows.,
there is a Union that has submitted a common charter of demand for two plants of the same parent company the matter is pending before the conciliation officer, the points that the management is objecting are;
1. Common charter is not maintainable
2. The Parent company had a demerger and it split into 2 plants(legal units) that have a separate legal identity and their financial capacity is different.
and the demands are asking for same pay and retirement benefits, etc
What advice can we give the Management wrt the same and how can we avoid such a scenario wherein the unions are also benefitted and the management wouldn't have to bear all the cost?

Thankyou.

From India, Mumbai
Madhu.T.K
4249

If the companies are separate and there is no financial inter dependency then the units could be treated as separate. But at the same time, if there are common Directors, transfer of employees from one unit to other, transfer of funds on short term basis etc then it will be difficult to establish that the units are separate. However, you can put the matter before the Conciliation Officer. It is a conciliation only and as such you can place your demands before the Officer and he will convey the same to the Union also.
From India, Kannur
Futureamanager
Dear Madhu T K sir, Thankyou for your insights on the topic , it has really helped be get a different perspective of the case. Thankyou so much
From India, Mumbai
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