Machinery to resolve industrial dispute

machineries to resolve industrial disputes

1. Submitted by : Vidhu Arora [68-MBA-16] Sahil Sharma [49-MBA-16] MACHINERIES TO RESOLVE INDUSTRIAL DISPUTE

2. DEFINATION Industrial Dispute means any dispute or difference between employers and employers or employers and workmen or between workmen and workmen which is connected with employment or non employment or terms of employment or conditions of labour.

3. Features of the term ‘ industrial dispute ': There should be a Difference or Dispute . The dispute could be between Employer - employer, Employee-employee Or Employer-employee . The dispute must pertain to some work-related issue. The dispute must be raised by a group or class of workers. For example : the dispute between one or two workers and the respective employer is not an industrial dispute.

4. Reasons : Property Holdings & Stakes Policy d i s p u t e O w n er s h ip etc., EMPLOYER VS EMPLOYER

5. Rea s o ns : Work Problem s Quarrels Senior – Junior problems Ragging EMPLOYEE VS EMPLOYEE

6. R ea s o n s : Salary Wages Bonus Safety Welfare Health Retrenchment Lockouts . etc EMPLOYER VS EMPLOYEE

7. EMPLOYER AND EMPLOYEE DISPUTE

8. To maintain : Industrial Peace Industrial H a r m on y Hygiene & Health ROLE OF HR MANAGER

9. MACHINERIES Machineries A d j u d i c at i o n Conciliatory Arbitration Works C o m m i t t ee Board of C o n c i li a t i o n C o n c i l i a t i o n Officer L a b o u r Court I n d u s t r i a l Tribunal N a t i o n a l t r ibunal Third Party A r b i t ra t i on

10. CONCILIATION / COLLECTIVE BARGAINING Negotiations between an employer and a group of employees so as to determine the conditions of employment . The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization.

11. Conciliation refers to the process by which representatives of employees and employers are brought together before a third party with a view to discuss, reconcile their differences and arrive at an agreement through mutual consent . Also Termed as Collective Bargainin g. Conciliatory Works Committee Board of Conciliation Conciliation Officer

12. WORKS COMMITTEE This is the primary machinery in resolving dispute. It is present in Factories employing 100 or more workers.

13. REPRESENTATION WORKS COMMITTEE Equal proportionate Representation of members in works committee. Trade Union engaged in selection of workmen selection amongst workmen. Employers nominate the representative amongst themselves. Total no shall not excee d 20 .

14. FUNCTIONS OF WORKS COMMITTEE To promote measures for securing & preserving the peace . Comment on matter of common interest , concern and Endeavour. Smooth away frictions. Recommendations not binding or it cannot pass final judgment.

15. CONCILIATION OFFICER If dispute is not solved through works Committee , it will be referred to Conciliation Officer. He is appointed by Government. Appointed by govt. for specific area or specific industry. They are engaged as third party in the dispute .

16. DUTIES OF CONCILIATION OFFICER Promotes the fair and amicable settlement of industrial dispute. After giving reasonable notice may enter the industrial establishment and enquiry and inspection. Conciliation Officer sends his report to appropriate government within 1 4 days of conciliation process .

17. BOARD OF CONCILIATION Appropriate Govt. by notification in official Gazette constitute a Board. The board comprise of neutral – independent chairman. It consist of two or four other members who are equally represented. The board may act even in absence of chairman if they satisfy quorum.

18. DUTIES OF BOARD To bring about settlement of dispute within two months. If it achieves success in attaining the settlement amongst parties it with the signatures of parties submit the report to Board of Conciliation. If no settlement is arrived or on suggestion of report Appropriate g ovt. refers the matter to Labour Court, Industrial or National Tribunal .

19. COURT OF INQUIRY Appropriate govt. may appoint tw o or more persons as court of inquiry. A chairman among them is appointed. They inquire in the matter. Make report to the govt. Time period 6 months

20. ADJUDICATION Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning . A d j u d i c at i o n Labour Court Industrial Tribunal National Tribunal

21. LABOUR COURT Appropriate govt. appoints the labour court . It shall consist of one person only to be appointed by appropriate govt. He is the presiding officer of the court .

22. DUTIES OF LABOUR COURT Holds its procedures expeditiously. Submit its award to appropriate govt. No time limit has been laid down.

23. MATTERS UNDER JURISDICTION OF LABOUR COURT Dismissal or discharge or grant of relief to workmen wrongfully dismissed. Illegality or otherwise of a strike or lockout. Withdrawal of any customary concession or privileges.

24. INDUSTRIAL TRIBUNAL Appropriate govt. may appoint one or more industrial tribunals . It shall consist of one person to be appointed by appropriate govt.

25.  W ag e s  Compensatory and other allowances  Hours of work and rest intervals  Leave with wages and holidays  Bonus, profit-sharing, PF etc.  Rules of discipline  Retrenchment of workmen  Working shifts other than in accordance with standing orders MATTERS UNDER JURISDICTION OF INDUSTRIAL TRIBUNAL

26. NATIONAL TRIBUNAL The central government may, by notification in the official gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in Matters of National importance. Matters which are of a nature such that industries in more than one state are likely to be interested in, or are affected by the outcome of the dispute . It is the duty of the National Tribunal to hold its proceedings expeditiously and to submit its report to the central government within the stipulated time.

27. Arbitration procedure is used after failure of conciliation Arbitration is the means of securing a definite award on any controversial issue by referring it to a third party. Feature of Arbitration: Arbitration may be either compulsory or voluntary . Voluntary arbitration implies that the two parties, unable to settle their differences between themselves, agree to submit their cases to an arbitrator whose decision they agree to accept . Compulsory arbitration implies that parties must submit their cases to an arbitrator and bound to accept the award ARBITRATION