Professional Documents
Culture Documents
(IR)
HR- Elective
Term-V
• Reviewing Negotiations
• Drafting of Agreement/Settlement
• Signing of Settlement before Conciliator.
• Administration-Implementation &
interpretation of CB Agreement.
Negotiator’s Traits
• Cool & Trusting Temperament
• Patience-Tolerance of other’s Viewpoints.
• Open mindedness
• Decent-Pleasing Personality.
• Sense of Humor
• Integrity
• Tact & knack
• Readiness to Compromise.
• Effective Communication & Listening Skills-Assertiveness,
Sending Message effectively & developing Rapport.
Legal Aspects of CB Agreements &
Settlements
• Refer Sections 2(p), 18 & 19 of ID Act.
• CB Agreement with recognized union is binding
on all employees (also Non-members) signed
directly & with or without conciliation.
• CB Settlement with majority (registered)union
signed before conciliator & registered is binding
on all employees. (need not be recognized)
• CB Agreement signed with non-recognized union
outside conciliation & not registered binds only
parties to agreement.
Legal Aspects-Contd.
• Settlement/Agreement is to be effective & operational for minimum
6 months or more as expressly agreed to in it.
• 2 Months Notice is necessary to terminate Agreement/Settlement.
• Terms of settlement will continue to be operational & effective till
replaced by terms of new settlement (Old Agreement to Continue till
New Agreement is made effective i.e. comes into force)
• Employees who availed & enjoyed benefits of legal Agreement
cannot challenge its validity.
• Demands involving additional financial burden cannot be raised
during till its expiry.
• Agreements/Settlements cannot be violate Provisions of Law.
• Agreements/Settlements giving better benefits to employees than
law are valid & enforceable.
• It Lays down law within permissible limits of Statutory Law.
Format of Collective Bargaining
Agreement/Settlement
• Date & Place of Agreement/Settlement
• Names of the Parties-Mgt & Union
• Applicability & Coverage
• Short Recital- Introduction & Background.
• Duration-Period of Operation
• Termination- Procedure etc
• Body of Agreement- Terms of agreement
• Annexure- Appendices
• Signature of parties, witnesses
• Seal & Signature of Conciliation officer.
• Registration No & Stamp of Labour office.
Terms of Agreement
• Wages, Allowances, Incentives, Bonus
• Fringe benefits, Leave facilities, Festival holidays
• Working conditions & Welfare measures
• Reliever duty, Shift Timings
• Seniority, Transfers, Promotions
• Job Profiles/Descriptions
• Production targets
• Quality standards.
• Grievance procedure.
• No Extra Financial Burden on company during subsistence of
Settlement/Agreement.
Methods of Industrial
Disputes/Conflicts Settlement
• Collective Bargaining- bipartite dialogue &
Negotiations (without third party)
• Conciliation- Govt. Labour department-
Labour Commissioners. (third party)
• Voluntary Arbitration- Arbitrator of Choice.
• Compulsory Arbitration i.e. Adjudication-
Through Labour Courts & Industrial
Tribunals. (Judicial Settlement)