industrial disputes and factory act newwww

8/2/2019 Industrial Disputes and Factory Act Newwww

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Industrial relation is a social relation between employer-

employee interaction in industries . Which are regulated by the

state with organized social forces.

The interested group in industrial relations are:

Workers and their organizations

Managers and their organizations

The Government

Each group has different interests and priorities.


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Came into existence in April 1947.

It was enacted to make provisions for investigation and

settlement of industrial disputes and for providing certainsafeguards to the workers.

The Act contains 40 sections.


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To make provision for the investigation and settlement

of industrial disputes.

To encourage collective bargaining.

Prevention of illegal strikes and lock-outs .

Compensation for lay-off and retrenchment of

workmen.

Prevention of unfair labor practices.


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Sec.2(aaa).

This clause lays down the manner of calculating the average

pay for the purpose of payment of compensation at the time

of retrenchment of a workman.

3 different ways of Average Pay

- Monthly Paid Workmen

- Weekly Paid workmen- Daily Paid Workmen


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Sec 2(s)

Workman means any person including an apprentice

employed in any industry to do any manual skilled,unskilled, technical, operational, clerical or supervisory

work for hire or reward.


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Sec 2(j).

Industry means any business, trade, undertaking,

manufacture or calling of employers and includes any

calling, service, employment, handicraft or industrial

occupation or avocation of workmen.


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Sec 2(k)

It means any dispute or difference between

employers and employers

employers and workmen,

workmen and workmen,

which is connected with

the employment or non employment the terms and conditions of employment

the conditions of labor, of any person


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Individual DisputeAny dispute between workman and his

employer arising out of discharge, dismissal, retrenchment or

termination.

Collective DisputeAny dispute relating to

a) Wages, bonus, profit sharing, gratuity or allowance.

b) Hours of work, leave with wages, holidays.

c) Rules of discipline, closure of establishment.


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CAUSES OF DISPUTES

FINANCIAL CAUSES

Wages, bonus,dearness allowance,

promotion andtransfer.

NON-FINANCIALCAUSES

Transport, Housing,Education, Working

hours,.


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STRIKE [sec 2(q)]

LAYOFF [sec 2(kkk0)]

LOCK OUT [sec 2(l)]

RETRENCHMENT [sec(oo)]

CLOSURE [sec 2(cc)]

GHERAO [sec 120 (a)]

SETTLEMENT [sec 2(p)]


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STRIKES: A concerted refusal of any number of persons who

are or have been so employed to continue to work or to accept

employment

TYPES OF STRIKE

Stay-in, sit-down, pen-down or tool-down strike

Go-slow

Sympathetic Strike

Hunger Strike

Work-to-rule


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When an employee is not given work due to some reason

beyond the power of the employer. It means failure, refusal,

inability of the employer to give employment due to the

following reasons

Shortage of raw material/power

Accumulation of stocks

Breakdown of machinery

Natural calamity


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If an employer shuts down his place of business because of

coercion or exerting pressure on the employees there

would be a lock out.

WHEN LOCK- OUT CONSTITUTE

-Temporary closure of the place of employment or

Suspension of work.

-Refusal to continue to employ any numberof person.


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Termination by the employer of the service of a workman.

Retrenchment means discharge of surplus labor or staff by

employer. It is not by way of punishment. The retrenchmentshould be on basis of last in first out basis in respect of each

category .

It does not include

Voluntary retirement of a workman.Retirement of a workman.

Termination of workman due to continued ill health.


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The employer does not merely close down the place of

business, but he closes business itself

When an employer shuts down his work because he cannot,for instance he cannot get the raw material or because he is

unable to sell the goods then there would be a closure.


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It means encirclement of the manager to criminally intimidate

him to accept the demands of the workers. It amounts to

criminal conspiracy under section 120-A

AWARD [Sec 2(d)] its an interim or final determination of an

industrial dispute or any question relating thereto and by a

Labor Court, National Tribunal etc.


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Settlement means a settlement arrived at in the course of

conciliation proceedings. It includes a written agreement

between employer and workmen arrived at , otherwise than

in course of conciliation proceedings.


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Came into existence on 23rd September, 1948.

It was enacted to consolidate and amend the law

regulating labor in factories.

It is expedient to consolidate and amend the law

regulating labor in factories.


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To improve health, welfare and safety of the workmen.

To regulate by imposing restriction as to hours of work

including rest and provisions for availing of leave.

To make stringent provisions as regards employment of

women and young persons and duration of their work.


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Manufacturing process [sec 2(k)]

Any making , altering , repairing , ornamenting , finishing ,

packing , oiling , washing , cleaning etc...

Preserving or storing any article in cold storage.

Power [sec 2(g)]

Mechanical or electrical energy transmitted as a step or aids

to carry out manufacture and not energy generated byhuman or animal agency .


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Cleanliness(section 11)

Disposal of wastes and effluents(section 12)

Ventilation and temperature (section 13)

Dust and fumes (section 14)

Artificial Humidification (section 15)

Overcrowding(section 16)

Lighting (section 17)

Drinking water(section 18)

Latrines and urinals(section19) Spittoons(section20)


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Washing facilities (Section 42)

Sitting Facilities (Section 44)

First Aid appliances (Section 45)

Canteen (Section 46)

Shelters, rest rooms and lunch rooms (Section 47)

Creches (Section 48)

Welfare Officers (Section49)


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Weekly hours (sec 51)- no adult worker shall be required or

allowed to work in a factory for more than 48 hours in a

week.

Daily hours (sec 54)- no adult worker shall be required orallowed to work in a factory for more than 9 hours in any day

and 40 hours in a week.


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Depend upon the nature of work.

The numbers of work in each group.

Section 61(5)

For each group, which is not required to work on a system

of shift the manager of the factory shall fix the period

during which the group may be required to work.

Group working on a system of shifts[section 61 (6)]

The manager shall fix the period during which each relay of

the group may be required to work on shift.


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Section 62

Register shall show:-

The name of each adult worker in a factory

The nature of his work

The group in which he is included

The place or spot where he is group works on shift.

Work in accordance with Notice (Section 63)


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Fencing of Machinery (Section 21)

Work on or near Machinery in motion (Section 22)

Employment of Young persons on Dangerous machines

(Section 23) Self-acting Machines (Section 25)

Casing of new machinery (Section 26)

Prohibition of Employment of Women and Children near

Cotton openers (Section27)

Hoists and lifts (Section28)

Lifting machine, chains, and ropes and lifting tackles

(Section29)

Revolving machinery (Section 30)


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(Section 111A inserted by 1987 Amendment Act)

A worker shall have the right to:

Obtain information from occupier relating to workers health

and safety at work.

Get trained in factory or at a training Centre.

Represent to the inspector, directly or otherwise, the matter

of inadequacy of health or safety in a factory.


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