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INDUSTRIAL DISPUTESAny dispute or difference between employer and

employer or between employer and workmen or

between workmen and workmen, which is

connected with the employment or non-employment or terms of employment or with the

conditions of labour of any person

Sec. 2 of the Industrial Disputes Act, 1947A.MOHAMMED IMRANB.TECH.,MBA,PGDPMIR,M.COM

9865938211 [email protected]

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ILO remarks

labour is not a commodity to be sold and pass.

labour is a human being .

A.MOHAMMED IMRANB.TECH.,MBA,PGDPMIR,M.COM


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Industrial disputes

are symptoms of

industrial unrest in -the same way that

boils are a symptom

of a disorderedbody (Patterson)



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Industrial disputes are menace

- manhandling

- Violent tendencies- kidnap children of executives.

such a state of affairs leads to grave of

individuals and social dislocation .



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CAUSES OF

INDUSTRIAL

DISPUTES

ECONOMIC NON-ECONOMIC

Wages, bonus,

allowances, and

conditions for

work, working

hours, leave andholidays without

pay, unjust layoffs

and

retrenchments

victimization of

workers, ill

treatment by

staff members,

sympathetic

strikes, political

factors,

indiscipline



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INDUSTRIAL DISPUTES

Weapons of labour Weapons of MGT

strikes boycott

picketing gherao

Employers association Lock out

termination

A.MOHAMMED IMRAN

B.TECH.,MBA,PGDPMIR,M.COM9865938211 [email protected]

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Collective Bargaining is the process of

negotiating between the representatives of

the organized workers / employees and

representatives of their employer usually forthe purposes of determining wages, working

hours and working conditions.



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A.MOHAMMED IMRAN

B.TECH.,MBA,PGDPMIR,M.COM


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A.MOHAMMED IMRAN



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Grievance

Procedure

Adjudication

Arbitration

Conciliation

&

Mediation

Negotiation

Collective

Bargaining

Procedures forSettling Industrial

Disputes

A.MOHAMMED IMRAN


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STRIKE

A strike is a very powerful weapon used by

trade unions and other labor associations to

get their demands accepted. It generally

involves quitting of work by a group ofworkers for the purpose of bringing the

pressure on their employer so that their

demands get accepted. When workerscollectively cease to work in a particular

industry, they are said to be on strike.

A.MOHAMMED IMRAN



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STRIKE

"strike" means a cessation of work by a body

of persons employed in any industry acting in

combination or a concerted refusal, or a

refusal under a common understanding, ofany number of persons who are or have been

so employed to continue to work or to accept

employment

A.MOHAMMED IMRAN



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Causes of strikes

Dissatisfaction with company policy Salary and incentive problems

Increment not up to the mark

Wrongful discharge or dismissal of workmen

Withdrawal of any concession or privilege

Hours of work and rest intervals

Leaves with wages and holidays

Bonus, profit sharing, Provident fund and gratuity

Retrenchment of workmen and closure ofestablishment

Dispute connected with minimum wagesA.MOHAMMED IMRAN



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TYPES OF STRIKE

Economic Strike

Sympathetic Strike

General Strike Sit down Strike

Slow Down Strike

Sick-out (or sick-in) Wild cat strikes

A.MOHAMMED IMRAN



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Strike / lock-out illegal if

it is commenced or declared in contravention

of section

Where a strike or lock-out in pursuance of an

industrial dispute has already commenced and

is in existence at the time of the reference of

the dispute to a Board the continuance of

such strike or lock-out shall not be deemed tobe illegal

A.MOHAMMED IMRAN



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Industrial Peace

Cordial industrial relations bring harmony &

remove causes of disputes which leads to

industrial peace which is necessary for

productivity and growth.

A.MOHAMMED IMRAN



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A proper development of industrial peace

demands

Peace , harmony and efficiency cannot achieved

by command .

A remarkable respect for peaceful labour relations

full production and stable economy.

The recognition by both labour; and unionwithout government intervention.

A.MOHAMMED IMRAN



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Ways of achieving industrial peace

Nurturing a healthy industrial climate

- managing various government. political

parties, community and society should also

play a decision role in improving, existing

industrial relations by :

placing moral emphasis

Mutual negotiation

Voluntary arbitration

A.MOHAMMED IMRAN



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Cont.

Management ,unions cooperation- good progress. Ensuring psychological satisfaction.

All benefits to employees.

Effective utilization of all resources. Speedy settlement of grievances

Workers education program

Healthy and stable trade union Proper revision of wages

Good working conditions, etc..A.MOHAMMED IMRAN



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Collective Bargaining

Good industrial relations are extremely helpful

for entering into long-term agreements as

regards various issues between Labour and

Management.

A.MOHAMMED IMRAN



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The preventive machinery has been set up with aview to creating harmonious relations betweenlabour and management so that disputes do notarise. It comprises the following measures:

a) Schemes of workers participation inmanagement such as works committees, joint

management councils and shop councils and jointcouncils.

b) Collective bargaining.

c) Tripartite bodies

d) Code of discipline.

e) Standing orders.

A.MOHAMMED IMRAN



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GOVERNMENT MACHINERY TO

RESOLVE INDUSTRIAL DISPUTES

Arbitration Conciliation

Mediation

Negotiation

Collaborative law

Conflict resolution

Dispute resolution

Lawyer supported mediation

Party-directed mediation

Restorative justiceA.MOHAMMED IMRAN



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Arbitration

Arbitration, is a legal technique for the

resolution of disputes outside the courts,

where the parties to a dispute refer it to one

or more persons (the "arbitrators", "arbiters"or "arbitral tribunal"), by whose decision (the

"award") they agree to be bound.

A.MOHAMMED IMRAN



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Arbitration is a proceeding in which a dispute is

resolved by an impartial adjudicator whosedecision the parties to the dispute have agreed, or

legislation has decreed, will be final and binding.

There are limited rights of review and appeal of

arbitration awards Arbitration is not the same as:

judicial proceedings, although in some jurisdictions,

court proceedings are sometimes referred as

arbitrations alternative dispute resolution

expert dete

A.MOHAMMED IMRAN



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The practice by which the services of a

neutral third party are used in a dispute as a

means of helping the disputing parties to

reduce the extent of their differences and toarrive at an amicable settlement or agreed

solution. It is a process of rational and orderly

discussion of differences between the partiesto a dispute under the guidance of a

conciliator. - International Labour Organisation

A.MOHAMMED IMRAN



Conciliation

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Conciliation

Conciliation is process whereby the parties to a

dispute (including future interest disputes) agree

to utilize the services of a conciliator, who then

meets with the parties separately in an attempt to

resolve their differences. Conciliation is a process in which parties to a

dispute, with the assistance of a neutral third party

(the conciliator), identify the disputed issues,develop options, consider alternatives and

endeavour to reach a resolution by agreement. The

process is strictly confidential between the parties.A.MOHAMMED IMRAN



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The conciliator assists the parties to dispute in

their negotiations by removing bottlenecks in

communication between them. Conciliationmachinery as provided under the Industrial

Disputes Act, 1947is as under:

Conciliation Officers Board of Conciliation.

Court of Inquiry.

A.MOHAMMED IMRAN



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Advantages

encourages people to clarify their positions, take

responsibility and to behave generously;

a range of issues can be put on the table to be dealt

with, some of which may not have been part of the

presenting problem;

emotional dynamics are acknowledged and dealt

with;

recognises power relationships and the parties'differing approaches to the world;

future oriented - works towards solutions;

encourages people to move ahead;A.MOHAMMED IMRAN



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parties own the solutions - they are not imposed;

confidential - the matter is kept contained;

relatively prompt in contrast to a formal

complaint;

escalation of complaint may be avoided;

minimal written records;

no winners and losers, although there may be

compromises.

A.MOHAMMED IMRAN



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Adjudication

Adjudication is the legal process by which an

arbiter or judge reviews evidence and

argumentation including legal reasoning set

forth by opposing parties or litigants to cometo a decision which determines rights and

obligations between the parties involved.

A.MOHAMMED IMRAN



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Adjudication may be described as process

which involves intervention in the dispute by a

third party appointed by the government,

with or without the consent of the parties tothe dispute, for the purpose of settling the

dispute.

A.MOHAMMED IMRAN


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The Industrial Disputes Act, 1947 provides a

three-tier adjudication machinery comprising

(i) Labour Courts,

(ii) Industrial Tribunals, and

(iii) National Tribunals

A.MOHAMMED IMRAN


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Salient features of IR

There are four important parties namely employees,employer, trade unions and government

The sound IR contributes to the organizational goals.The unsound IR result in industrial conflicts demanding

for change and reformulation of HRM objectives andgoals

Employees contact even the top management as agroup.

Collective bargaining and forms of industrial conflictsare resorted to solve the problems

Industrial relations are governed by the system of rulesand regulations concerning work, workplace andworking community.

A.MOHAMMED IMRAN


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The main purpose is to maintain harmonious relationsbetween employees and employer by solving theirproblems through grievance procedure and collectivebargaining.

Trade Unions is another important institution in theIndustrial relations. Trade unions influence and shapethe industrial relations through collective bargaining.

Industrial relations are the relations mainly between

employees and employers. These relations emphasis on accommodating other

parties interest, values and needs. Parties develop skillsof adjusting to and cooperating with each other.

A.MOHAMMED IMRAN


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CASES

A.MOHAMMED IMRAN


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History of Honda motors

company

It is perhaps best known as an automaker.

Third largest automaker in Japan and is the world's

top motorcycle manufacturer.

Its best market is in the United States, where the

majority of its sales are generated. In 1949 Fujisawa provided the capital, as well as

financial and marketing strategies, to start the new

company.A.MOHAMMED IMRAN

http://www.answers.com/topic/fujisawahttp://www.answers.com/topic/fujisawa

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In 1950, Honda stunned the engineering world by

doubling the horsepower of the conventional four-

stroke engine.

By 1951 demand was brisk, yet production was slow. By 1954 Honda had achieved a 15 percent share of the

motorcycle market.

In 1967 Honda diversified and also began to produce

cars and trucks.A.MOHAMMED IMRAN


R F U I H d
http://www.answers.com/topic/horsepowerhttp://www.answers.com/topic/briskhttp://www.answers.com/topic/briskhttp://www.answers.com/topic/horsepower

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Although 50 percent of these workers haveworked in the plant for more than six to sevenyears, they are not offered permanent contracts.There is a huge wage difference: after six to seven

years a permanent worker will receive up to30,000 Rupees per month while a worker hiredthrough a contractor gets between 2,200 and6,200 Rupees.

Most workers have all kinds of trouble becausethey do not receive a company card, which isnecessary for dealing with authorities (e.g., whenapplying for medical care or other benefits). Theyare not enrolled in the register, which means thatthey will not receive PF or ESI.

Reasons For Unrest In Honda

A.MOHAMMED IMRAN


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Casual/workers (see glossary) hired through

contractors are not given work periodically as

production targets change. When that

happens, Rs 500 is cut from their monthlywage.

There have been cases of physical harassment

of the workers hired through contractors bysupervisors and managers of Hero Honda.

A.MOHAMMED IMRAN


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Workers Demand A 30 percent hike in wages of casual workers. Workers

hired through contractors used to get Rs 4,000-4,500a month for an 8 hour shift. That will now be Rs 5,500.

In comparison, ITI graduates (skilled workers hired

through contractors) get Rs 6,500.

Besides this 30 percent hike, there will be nodifference in dress colour between helpers and ITI

graduates. The initial demand to abolish the different

uniforms for permanents and temps has not been

met.

The wage of the contract workers will go into a bank

and they will have ATM accounts. They too will get a

gift annually.A.MOHAMMED IMRAN


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Recent industrial disputes in India

Tata Motors has decided to move its Nanofactory out of Singur after violent protests byfarmers, this isn't the first time that there has

been a standoff between industry and farmersunwilling to surrender land.

Goa, famous for its beaches and touristindustry, in January dropped plans to build

special economic zones for industry afterprotests from political and environmentalgroups

A.MOHAMMED IMRAN


I A h S C S h

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In August, the Supreme Court gave SouthKorean steel firm POSCO the use of largeswathes of forestland in Orissa for a $12-billion

plant that protesting farmers said woulddisplace thousands of people. The protestsdelayed the start of construction on the plant,which could be India's single biggest foreigninvestment to date.

In the same month, the Supreme Court allowedVedanta Resources to mine bauxite in hillsconsidered sacred by tribal people in Orissa.The mining would feed an alumina refinery,part of an $800-million project that has beenwidely opposed. Environmentalists say theopen-cast mine will wreck the rich biodiversityof the remote hills and disrupt key watersources vital for farming.

A.MOHAMMED IMRAN


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http://www.advocatekhoj.com/library/bareac

ts/industrial/12.php?Title=Industrial%20Dispu

tes%20Act,%201947&STitle=Duties%20of%20

conciliation%20officers

http://www.psnacet.edu.in/courses/MBA/HR

M/23.pdf

http://www.slideshare.net/sumit88mit/prevention-of-industrial-disputes

A.MOHAMMED IMRAN
http://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.psnacet.edu.in/courses/MBA/HRM/23.pdfhttp://www.psnacet.edu.in/courses/MBA/HRM/23.pdfhttp://www.psnacet.edu.in/courses/MBA/HRM/23.pdfhttp://www.psnacet.edu.in/courses/MBA/HRM/23.pdfhttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officershttp://www.advocatekhoj.com/library/bareacts/industrial/12.php?Title=Industrial%20Disputes%20Act,%201947&STitle=Duties%20of%20conciliation%20officers

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