Alteration of conditions of service :

             

If the conditions of service of a workman has to be altered then the employer must give prior notice.

There are two aspects to this namely notice and alterations which cannot be done when proceedings are pending.

Features of giving notice :

1)    Must be given in the prescribed  manner.

2)    Within 21 days of such notice, alteration cannot be done.

3)    Notice need not be given if alteration is done in pursuance of an award or settlement.

4)    And if the person who would be affected by such change belongs to a certain category of individuals to whom other rules such as civil services rules, railway est code applies etc then notice is not necessary.

let us see to what all conditions of services for which prior notice would be needed for alteration:

1)    Wages, period and payment of it.

2)    Contribution paid by employer.

3)    Compensatory and other allowances.

4)    Hours of work and intervals.

5)    leave with wages and holidays.

6)    Alteration/discontinuation of shift working.

7)    Grade classification.

8)    Concession.

9)    New rules of discipline.

10) Plant technique and control which can lead to retrenchment.

Change of conditions of service during pendency of proceedings :

1)    Pendency of proceedings before an industrial tribunal, national industrial tribunal, labour court, arbitrator, any matter which is the subject of such dispute which is in proceedings shall not be altered.

2)    Pendency of such dispute, the employer shall not alter, in accordance to the standing orders applicable or in accordance to any proviso applicable if the standing orders are not applicable, such as terms of contract express or implied ,alter any matter not connected with the dispute ,or discharge or dismiss such workman.

3)    The employers shall not alter the conditions of service of the workman in a manner which is in prejudice to the workman.

4)    An employer can apply for approval of his actions to the conciliation officer or the arbitrator and it has to be approved within 3 months.

5)    The minimum number of protected workmen must be 5 or 1% of total strength of workmen, subject to a ceiling limit of 100.

Recovery of money due from employer:

1)    If money is due from employer, which has to be paid under settlement or award, then an application can be made to the appropriate government who can direct the collector to recover it as a arrear of land revenue.

2)    If the workman has to receive any sum of money from the employer which can be computed in terms of money and there is a question as to the amount actually due, then such matter can be decided by the labour court .

3)    A commissioner can be appointed to calculate the amount of money due and he would submit a report which would be considered by the labour court.

4)    Decision of the labour court can be forwarded to the appropriate government.

5)    A single application can be made if there are a group of workmen who have to recover such amount due.