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Showing posts from October, 2021

Salary re-structuring (Union Concern)

  Question: Whether Salary re-structuring can be done without consulting the present Union and also when the conciliation is in progress? Answer: No, the salary re-structuring amounts to change of service conditions as per the provisions of the Industrial Dispute Act. Since the above would amount to change in the service conditions and the altering/ re-structuring of salaries & benefits is one of the items included in the fourth schedule of the Industrial Disputes Act. The above requires compliance with section 9A of the Industrial Disputes Act. The said section mandates that before effecting any change in service condition, 21 days' notice shall be given with regard to the intended change. The notice thereof will have to be sent to the conciliation officer. The conciliation officer may intervene and initiate conciliation proceedings. The proposed change cannot be made during the pendency of the conciliation proceedings. Any change can be made in such circumstances only after t