| 1. To Maintain Dicipline i Industry (both Public and Private
sector) There has to be (i) a just recognition by employers and
workers of the rights and responsibilities of either party, as defined by
the law and agreements (including bipatite and tripartite agreements arrived
at all levels form time to time) and (ii) a proper and willing discharge by
either party of its obligations consequent on such recognition.
The Central and State governments, on their part, will arrange to
examine and set right any shortcomings in the machinery they
constitute for the administration of labour laws to ensure better discipline
in industry.
2. Management and Union (s) Agree:
(i) that no unilateral action should be taken in connection with any
industrial matter and that disputes should be settled at appropriate
level
(ii) that the existing machinery for settlement of disputes should be
utilised with the utmost expediency;
(iii) that there should be no strike or lock-out without notice;
(iv) that affirming their faith in democratic
principles, they bind themselves to settle all future differences , dispute
and grivances by mutual
negotiation, conciliation and voluntary arbitration;
(v) that neither
party will have recourse to (a) coercion, (b) intimidation, (c) victimisation,
or (d) go-slow;
(vi) that they will avoid (a) litigation, (b) sit-down and
stay-in
strikes and (c) lockout.
(vii) that they will promote constructive
co-operative between their representative at all levels and as between
workers themselves and abide by the spririt of agreements mutually entered
into: (viii) that they will
establish, upon a mutually agreed basis, a grievance procedure which will
ensure a speedy and full investigation leading to settlement;
(ix) that they will abide by various stages in
the geievance procedure and take no arbitrary action which would bypass this
procedure & (x) that they will educate the
management personnel and workers regarding their obligation to each other.
3. Management (s) Agree:
(i) not to increase work-loads unless
agreed upon or settled otherwise:
(ii) not to support or encourage any unfair
labour practice such as (a) interference with the right of employees to
enroll or continue as union member, (b) discrimination, restraint or coercion
against any employee because of recognised activity of trade unions and (c) victimisation of any employee
and abuse authority in any from;
(iii) to take promote action for (a)
settlement of grievances and (b) implementation of settlements, awards,
decisions and orders;
(iv) to display in conspicuous places in
the undertakings the provisions of this Code in the Local language (s);
(v) to distinguish between actions
Justifying immediate discharge and those where discharge must be preceded by
a warning, reprimand, suspension or some other form of disciplinary action
and to arrange that all such disciplinary action should be subject to an
appeal through normal grievance procedure:
(vi) to take appropriate disciplinary
action against its officers and members in cases where enquires reveal that
they were
responsible for precipitate action by workers leading indiscipline; and
(vii) to recognise the union in accordance
with the criteria given hereafter, evolved at the 16th session of the Indian
Labour Conference held in May, 1958.
4. Union (s) Agree:
(i) not to engage in any form of physical
duress,
(ii) not to permit demonstrations which are
not peaceful and not to permit rowdyism in demonstrations,
(iii) that their members will not engage or
cause other employees to engaged in any union activity during working hours unless as provided for by law,
agreement or practice;
(iv) to discourage unfair labour practices
such as (a) negligence of duty, (b) careless operation, (c) damage to
property, (d) interference with or disturbance to normal work and (e)
insubordination.
(v) to take prompt action to implement
awards, agreements, settlements and decisions.
(vi) to display in conscriptions
places in the union offices the provisions of this Code in the local
languages, and
(vii) to express disapproval and to take
appropriate action against office-bearers and members for indulging in
action against the spirit of this Code. |