Respected sir,
Under the below given situation please advise the legibility of the claim of arrears of the presently continued employees and the VRS opted employees.
Year of VRS : 2001
No of employees: 650/700 employees. opted for VRS- Around 100 employees yet in the employment.
Last Charter of demand settled : 1995.
Charter of demand period : 3 years.
Charter of demand submitted but not negotiated :1998,2001,2004.
Present status of C.O.D : Not yet discussed with the management and the bargainable employees are paid their salary and wages as per last negotiated Charter Of demand.
Management Policy: The company being a multilocational unit have settled the COD with the other units and have paid the dues and arrears as per the new effective COD as and when negotiated and accepted, except for 1 location wherein a group of 100 employees are deprived of this right since the year 1995 till date.
The query with subject to the above mentioned situation kindly advise :
1. How the left employees can claim their Arrears on the pre-VRS period for the unnegotiated COD (i.e 1995/2001) from the employer, which as on date is not settled?
2. Can the management skip the period of 1995 to 2008 as unsettled and period and settle the COD with current date, and deprive the VRS opted employees from getting their dues?
3.In case if the employer employs some of the VRS opted employees in the company/group company/Relatives company can become a fair enough reason to pay the VRS opted employees as per some legal guideline?
4. What should the currently employed employees do in case if the management applies a forced implementation of the Cod depriving them from their fundamental right?
5.Can the dues be claimed for the undue delay with interest charges in case of VRS opted employees?
6.In case if the claim has to be approached by the group of people,Please kindly guide us on that matter.
Thanks.
Yours sincerely
rohit.j.karbhari.
