Sample Format For Settlement & Charter Of Demand

Dear All, Kindly Let me know the legal procedure for Settlement with Union.Also I need help to Understand the draft of Charter of Demand Rahul Baroda - Gujarat
19th February 2011 From India, Vadodara

A settlement arrived at a conciliation under section 12(3) of the Industrial Disputes Act, 1947, shall be in form H as per rule 58 of the Industrial Disputes (Central) Rules, 1957. If it is a bilateral settlement, the same may be in form HH ( please see your State's rule in this regard)
Please see the attachment and make modifications as per your requirements.
Regards,
Madhu.T.K
19th February 2011 From India, Kannur

Attached Files (Download Requires Membership)

Form H-draft.doc (44.5 KB, 3050 views)

Dear All,
As per ID Act , We are Doing Wage agreement with our employees either 8(1) or 12(3). Our general practices we putting LTS for max the period of 3 yrs. Is there any chance to do for Max 5 yrs.
I think there is no clause or section for settlement period of time limit.
Can you please share your views.
P.PACKIARAJ
27th December 2012 From India, Bangalore

Dear All,
I need help, in our case we have placed demands before our employer and discussions were going on but they turned out to be sour and we wish to ask for conciliation officer to take over. Seniors from this site can help me? how to draft the letter for the same? with regards.
13th January 2013 From India, Pune

For this a copy of the letter/demand notice given to the employer along with a covering letter stating that the demand letter (enclosed) was given to the employer on..(date) but the employer has not called for conciliation/ the conciliation did not find any result and requesting the Labour Officer/ Asst Labour Commissioner to intervene and settle the dispute may be sent to the appropriate authority. On receipt of your request the Conciliation Officer will send notice of hearing to employer and the representatives of the employees and will hold conciliation.
Regards,
Madhu.T.K
14th January 2013 From India, Kannur

Thanks, I have made an intervention letter but i don’t know if I can upload it over here for your reference and comments. Please let me know if i can upload it.
14th January 2013 From India, Pune

You can upload it; but please hide the name of the company. That is not relevant for the discussion and expert opinion. Regards, Madhu.T.K
15th January 2013 From India, Kannur

We have prepared like this and submitted to the officer to conciliate in the matter but i WANT TO KNOW MORE ON THIS SUBJECT please go through and comment.
15th January 2013 From India, Pune

Attached Files (Download Requires Membership)

Intervention In The Charter Of Demands.doc (22.5 KB, 1827 views)

This is fine. Though it is not necessary to mention in your letter that if no settlement is reached during conciliation the same can be referred for adjudication because that is a fact and in the course of conciliation if settlement is not reached, the dispute will be referred for adjudication. Any way the conciliation officer will call both the Union and the employer for a discussion and in the hearing both of you can have a detailed discussion on various demands and arrive at a settlement. The Conciliation Officer will help both the parties in reaching a settlement. For this you may have to have three or four sitting. Once a settlement is made, it will be recorded in form H.
Regards,
Madhu.T.K
15th January 2013 From India, Kannur