Industrial Dispute - Causes and impacts of Industrial Disputes, Outcomes of Industrial Disputes, Prevention of Industrial Disputes, Settlements of Industrial Disputes
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Added: Nov 12, 2021
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Industrial Dispute
We will be discussing the following Meaning and Types of Industrial Disputes Causes and Impacts of Industrial Disputes Outcomes of Industrial Disputes Prevention from Industrial Disputes Settlement of Industrial Disputes and its method
Meaning of Industrial Dispute Any altercation or difference of opinion on one or more issues between people who work together. fig 1 - Depiction of dispute
Types of Industrial Disputes Broadly there are two types of Industrial Disputes Individual Collective
Interest Dispute Grievance Dispute Such types of disputes arise out of terms and conditions of employment either out of the claims made by the employees or offers given by the employers. These arise out of application or interpretation of existing agreements or contracts between the employees and the management. They relate either to individual worker or a group of workers in the same group. According to ILO Industrial Disputes have the following types
Causes of Industrial Disputes Psychological Institutional Economic Legal
Psychological Clash of personalities Personal Comments Lack of self Respect fig 4 - Depiction of shaming fig 2 - Depiction of clash fig 3 - Depiction of sadness
Institutional Unfair working conditions Discouragement for union formation fig 5 - Unsecured working conditions fig 6 - Anti-unionisation
Economical Low Wages No promotions Night – Shifts No bonus or other incentives
Legal Violation of legal rights of workers and labour laws All workers are entitled to Fair Salary & Bonus for themselves, Appropriate Working Hours and Overtime-pay, Right to Holidays/leaves, Right to be free from discrimination and harassment of all types.
Effect on poor labours Unrest and mental tension Loss of income/production Security threat Effects on other industries Impact of Industrial Disputes fig 6 - A Strike graphic
Outcomes of Industrial Disputes Strikes Boycott Picketing Gheraos Lockout Retrenchment Lay Off
It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike. Strike fig 7 - A strike
Picketing Boycott Picketing is a form of protest in which people congregate outside a place of work or location where an event is taking place. A boycott is an act of voluntary and intentional abstention from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for moral, social, political, or environmental reasons. fig 8 - A boycott fig 9 - A boycott
Lockout Gherao A lockout is the act of employers that entails closing the workplace temporarily, suspending work or cutting short the employment of any number of individuals initially employed. It is a form of protest in which workers prevent employers or managers from leaving a place of work until certain demands are met. fig 11 - A lockout fig 10 - A gherao
Lay-off A layoff is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees for business reasons, such as personnel management or downsizing an organization. 7. Lay-off A layoff is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees for business reasons, such as personnel management or downsizing an organization. According to Section 25C, a workman who is laid off is entitled to compensation equivalent to 50% of the total basic wages and dearness allowance for the period of lay off this right of compensation is, however, subject to conditions under the Act. The act of retrenching; a cutting down or off, as by the reduction of expenses.is a form of dismissal due to no fault of the employee, it is a process whereby the employer reviews its business needs in order to increase profits or limit losses, which leads to reducing its employees. Retrenchment fig 12 - A layoff
Prevention from Industrial Disputes Model standing order Code of Discipline Grivance Procedure Collective Bargaining Working Committee Bipartite and Tripartite Bodies fig 13 - preventing industrial disputes
Through Function Labour Welfare Officer Joint Management Council (JMC) Suggestion Schemes Joint Consultative machinery Some other preventive measures are
Settlement of Industrial Disputes The settlement machinery as provided by the Act consists of the three methods: Conciliation Arbitration Adjudication fig 14 - handshake Works committee Conciliating officer Board of conciliation Court of enquiry Labour Court Industrial Tribunal National Tribunal
Conciliation Conciliation is characterised by the following features: The conciliator or mediator tries to remove the difference between the parties They persuade the parties to think over the matter with a problem-solving approach They only ask the disputants to reach a solution and never impose their own view
Arbitration Arbitration is a process in which the conflicting parties agree to refer their dispute to a neutral third party known as ‘Arbitrator’. Arbitration differs from conciliation in the sense that in arbitration the arbitrator gives his judgment on a dispute while in conciliation, the conciliator disputing parties to reach at a decision.
Adjudication The Industrial Disputes Act, 1947 provides three-tier machinery for the adjudication of industrial disputes which is as follows: Labour Court Industrial Tribunal National Tribunal