Labour Laws
Industrial Disputes Act
Industrial Disputes
There must be a dispute or a difference
between employers and employers
between employers and workmen
between workmen and workmen.
Industrial Disputes
Itshould be connected to employment or
non-employment or terms of employment
or with the conditions of labour
A relationship between the employer and
the workman should exist and it should be
the result of the contract and the
workman actually employed.
Forms of Industrial Action
Strikes
Lockouts
Different Forms of Strike
Economic Strikes – more facilities and wages
General Strikes – unions and industry
Stay-in-Strike – tool down or pen down
Slow down Strike – rate of output is reduced
Work to Rule
Secondary Strikes
Sympathetic Strikes
Boycott
Picketing
Gherao
Bandh
Management’s Actions To
Counter Strikes
Employers Association
Lockout
Termination of Service
Disputes
Disputes of Rights (application or
interpretation of existing agreement)
Disputes
of Interest (terms and conditions
of employment)
Causes of Disputes
Economic
Political
Personnel
Indiscipline
Causes of Disputes
Management
Absence of grievance redress machinery
Government machinery
Industry Due to Due to Due to reasons Due to reasons
industrial industrial other than other than
dispute 2007 dispute 2008 dispute 2007 dispute 2008
Agriculture, 2869 2642 601 414
hunting and
forestry
Manufacture of 131 357 344 170
food products
and beverages
Manufacture of 136 15 9 9
tobacco
products
Manufacture of 20085 9290 2756 1955
textiles
Industrial Disputes Act - Strikes
No person employed in a public-utility service
shall go on strike in breach of contract:
Without giving to the employer notice of strike,
as hereinafter provided, within six weeks before
striking.
Within 14 days of giving such notice
Before the expiry of the date of strike specified
in any such notice
Before the pendency of any conciliation
proceedings before a conciliation officer and
seven days within the conclusion of such
proceedings.
Industrial Disputes Act –
Lockout
No employer carrying on any public utility service
shall lockout any of his workmen:
Without giving them notice of lockout, as
hereinafter provided, within six weeks before
striking.
Within 14 days of giving such notice
Before the expiry of the date of lockout specified
in any such notice
Before the pendency of any conciliation
proceedings before a conciliation officer and
seven days within the conclusion of such
proceedings.
Industrial Disputes Act
Theemployer must inform the appropriate
authority within 5 days from the date of
receipt of notice.
No lockout or strike during pendency of
conciliation proceeding and seven days
after conclusion of such proceedings;
Industrial Disputes Act
During the pendency of proceedings
before (a Labour Court, Tribunal or
National Tribunal)and two months after
the conclusion of such proceedings.
Arbitration
When settlement or award is in operation
Industrial Disputes
Increasing lock outs
Declining membership and union power
West Bengal, Kerala, Andhra Pradesh,
Tamil Nadu and Maharashtra account for
over half of the mandays lost in India over
the past several years
Unfair Labour Practices
To threaten lockout, if union is recognised
To threaten workmen with discharge or
dismissal, if they join trade union.
Granting wage increase to employees who
do not join trade union.
Taking active interest in organizing a trade
union of his workmen.
Unfair Labour Practices
To advise or actively support or instigate any strike
deemed to be illegal
To coerce workmen in the exercise of their right to
self-organisation
To stage demonstrations at the residence of the
employers or the managerial staff members
To incite or indulge in wilful damage to employer's
property
Refusal by employer to bargain collectively in
good faith with recognized TU.
Refusal by a recognized TU to bargain collectively
in good faith with the employer
Unfair Labour Practices -
Penalties
Imprisonment upto six months or Fine upto
Rs.1000/- or both
Penalty for illegal strikes: one month
imprisonment or Fine upto Rs.50 or both
Ilegal Lockouts: Rs.1000/- or one month
imprisonment or both.
Settlements of Industrial
Disputes
Works Committee
Conciliation Officer
Board of Conciliation
Labour Court
Industrial Tribunal
National Tribunal
Conciliation
The conciliator brings the rival parties
together for discussion and assists them in
finding out a solution to their problem.
Conciliation may be voluntary or
compulsory
Board of conciliation
Duties of Conciliation Officer
The conciliation officer to send a report of
proceedings to the government or within
such extended time as may be allowed
Memorandum of settlement and binding
on all parties
Failure report
Settlement
The settlement shall be binding:
For the period agreed upon by the parties
Where no such period is agreed upon, for a
period of six months from the date on which
the memorandum of settlement is signed.
Board of Conciliation
Outside chairman and two to four other
members nominated by the parties to the
dispute.
Two months.
Criticism of conciliation
Delays
Parties do not attend the meeting.
Most conciliation officer lacks training and
competence in conciliation work.
Treated as preliminary step leading to
adjudication through the Labour Courts or
Tribunals.
Arbitration
Compulsory Arbitration
Voluntary Arbitration
Adjudication
Mandatory settlement of a dispute by
Labour Courts, or Industrial Tribunal or
National Tribunal under the ID Act.
Labour Court:
Standing Order
Withdrawal of any statutory concession
Strike or lockout – Illegality
Industrial Tribunal
Wage including the period of payment
Hours of work and rest intervals
Compensatory and other allowances
Bonus, Provident Fund, Profit Sharing and Gratuity
Rules of indiscipline
Rationalization
Retrenchment of workmen and the closure of an
establishment
Shift working other than in accordance with the
Standing Orders.
Who is a workmen?
Allemployees other than supervisors and
managers (even if they draw more than
Rs.15,000/-)
Supervisors who draw less than Rs.15,000/-
are also considered as workmen under
Industrial Disputes Act.
