industrial disputes by parth
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INDUTRIAL DISPUTES
Industrial Disputes Act, 1947:-” Any Dispute Or Difference Between employees & Employees, Or Between Employers & Employers, Or Between Employees & Employers Which Is Connected With The Employment Or Non Employment, Or The Terms Of Employment Or With the Conditions Of Work Of Any Person.
INDUSTRIAL DISPUTES
Forms Of Disputes
Industrial Disputes
INTEREST DISPUTES – It
arises out of deadlocks in negotiation
GRIEVANCE DISPUTES – Arise from day
to day grievances.
UNFAIR LABOUR PRACTICES – Arise
from acts of interference with the exercise of right to organise, Acts etc.
RECOGNITION DISPUTES –
Arise due to the recognition of
trade union as a bargaining agent.
CAUSES OF INDUSTRIAL DISPUTES
INDUSTRY RELATED MANAGEMENT RELATED GOVERNMENT RELATED
INDUSTRY RELATED
(a) Matters related to employment, work, wages, hours of work, privileges, rights and obligation of employees, terms and condition of employment.
(b) Dispute often arise because of the population explosion and rising unemployment.
(c) Increasing prices of essential commodities.
(d) The attitude and temperament of industrial workers.
MANAGEMENT RELATED
(a) Management generally is not willing to talk over any disputes with the employees or their representative.
(b) The management unwillingness to recognize a particular trade union.
(c) Even when the representative of trade union have been recognized by employers, they do not delegate enough authority to their official to negotiate with their workers.
(d) The representative of the employees/ workers unnecessarily or unjustifiably take the side of management .
(e) The management insistence that it alone is responsible for recruitment, promotion, transfer, merit awards etc. and there is no need to consult employees.
(f) The poor services and benefits to be offered after negotiation.
GOVERNMENT RELATED
(a) Most of the labour laws lost their irrelevancy in the context of the challenges of present industrial climate.
(b) Instability in economy and political factors.
c) Inability to check employers in implementing labour laws.
d) Inability of government’s conciliation machinery in doing its job effectively.
e) Influence of political parties which is in power on trade union.
INDUSTRIAL DISPUTES
STRIKES LOCK - OUTS
1.Primary Strikes
Stay-away Go
SlowWork
to rule
Token or Protest strike
Lightening or Cat-call
strike
BoycottGherao
Sit down; stay-in;
tool down or pen down strike
2. Secondary Strikes
Sympathy Strike
1. PRIMARY STRIKE PRIMARY STRIKES generally aimed against the
employer with whom the dispute exist. These are of following type
I. Stay – away Strike – Workmen do not come to the workplace during the prescribed working hours. They organize rallies and demonstrations with a view to drawing the attention of the employer to their grievances.
II. Sit – Down or Stay – in Strike – Workmen come to their place, they stay at work place but they don’t work.
III. Token or Protest strike – workmen don’t work for an hour or a day.
IV. Go Slow – Workers intentionally reduce the speed of work (anything less than normal work)
V. Work to Rule/Work to Designation – Strikers undertake the work according too rules or job description.
VI. Picketing – It is an act of posting pickets and implies machinery or patrolling of the workman in front of the premises of the employer.
VII. Boycott – It aims at disrupting the normal functioning of the enteprise.
VIII. Gherao – It is a physical blockade of a target either by encirclement, intended to block the regress and ingress from and to a particular office, workshop etc.
IX. Hunger Strike – It is restored to either by leaders of the union or by some workers, all at a time in small batches, for a limited period of time.
2. SECONDARY STRIKE SECONDARY STRIKES are those in
which the pressure is applied not against the primary employer with whom the primary workers have a dispute but against some third person who has good trade relation with him which are severed and the primary employers incurs a loss.
It is popular in USA. It is also known as Sympathetic
Strike. Workers have no demands and grievances of their own but they go on strike just to support others.
LOCKOUTS LOCKOUTS means the action of an
employer in temporarily closing down or shutting down his undertaking or refusing to provide his employees with work with the intention of forcing them either to accept the demands made by him or to withdraw demands made by them on him.
According to Industrial Disputes Act, 1947, Section 2(1),
“the closing of a place of business of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him”.
MEASURES TO IMPROVE INDUSTRIAL DISPUTES
PROGRESSIVE MANAGEMENT OUTLOOK. ATMOSPHERE OF MUTUAL TRUST. MUTUAL ACCOMODATION COLLECTIVE
BARGAINING. SINCERE IMPLEMENTATION OF
AGREEMENTS. SOUND PERSONNEL POLICIES.
INSDUTRIAL DISPUTES, A RECENT OVERVIEW
