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Memorandum of Settlement of Industrial dispute between Employer and Employees



    What is Memorandum of Settlement of Industrial dispute between Employer and Employees?

    A memorandum of settlement of industrial dispute between employer and employee refers to an agreement laying down the terms and conditions based on which an industrial dispute is settled between them. The agreement is binding once it’s brought down in writing and is signed by all the parties.

    Why is Memorandum of Settlement of Industrial dispute between Employer and Employees required?

    A memorandum of settlement acts as a proof that the industrial dispute has been settled between the employer and employee. It makes sure that all the terms and conditions are followed by the parties once the settlement has been put in force as the same records all the terms and conditions and is binding on the parties once it is signed by them.

    What should a Memorandum of Settlement of Industrial dispute between Employer and Employees cover?

    A memorandum of settlement must include the name of the parties entering into the agreement. It should also include the terms and conditions being settled between the parties. Any compensation in case a breach of any terms occur. The way of resolving disputes in case a dispute related to the settlement arises in future. Signature of the parties entering into the settlement and the witnesses.

    Documents Required for Memorandum of Settlement of Industrial dispute between Employer and Employees

    No specific documents are required in order to draft and execute a memorandum of settlement of industrial dispute between employer and employee. However, ID proofs of the parties in order to confirm the names and permanent addresses must be scrutinized. Documents evidencing fulfillment of any condition being the basis of the settlement between the employer and the employee must also be scrutinized.

    Procedure for Memorandum of Settlement of Industrial dispute between Employer and Employees

    There is no specific procedure applicable in the making of the memorandum of settlement. However, it is always recommended to consult a lawyer before drafting a memorandum of settlement with all the necessary details as stated above. Once the memorandum is drafted it should be thoroughly analyzed by the parties and should be executed as per the guidance received from the lawyer. The rules related to registration of the memorandum must also be followed while executing, as may be applicable as per the prevalent law.

    How can a lawyer help to draft Memorandum of Settlement of Industrial dispute between Employer and Employees?

    While drafting agreements, it is important to know as to what terminology should be used while drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties. This is why it is crucial to have a documentation lawyer to assist you in drafting an agreement. Being an expert in the area of documentation law, a documentation lawyer knows the nitty-gritty of the legal procedures and the requirements involved in drafting an agreement. With the experience attained in the field, he/she can guide you with the right advice while entering into an agreement and can make sure that such mistakes are eliminated that cannot be resolved even through further legal procedures.

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