INDUSTRIAL DISPUTES: INDUSTRIAL DISPUTES presented by Nissar.B S3.MBA IMT INDUSTRIAL RELATIONS: INDUSTRIAL RELATIONS The term industrial relations refers to the complex of human relationships which emerge in work situations. “Industrial relations is the art of living together for the purpose of production” Industrial relation deals with the problems which arise in the context of human relationships when the workers submit themselves to being controlled by the employers. APPROACHES TO INDUSTRIAL RELATIONS: APPROACHES TO INDUSTRIAL RELATIONS UNITARY PLURALISTIC RADICAL CONFLICT INSTITUTIONS\PROCESSES REGULATIONS SYSTEMS SOCIAL ACTION INDUSTRIAL DISPUTES: INDUSTRIAL DISPUTES An industrial dispute means any dispute or difference between employers and employers or between employers and workmen ,or between workmen and workmen, which is connected with the terms and conditions of employment of any person. CAUSES OF INDUSTRIAL DISPUTES: CAUSES OF INDUSTRIAL DISPUTES Demand for Higher wages Non-Implementation of Bonus Schemes Demand for better working condition Failure to recognise Unions Demand for proper leave Rules Over Time Payment Political Interference Punishment to Workers CONTD….: CONTD…. Mass retrenchment & undue promotions Insecurity of Service Wrong policy or decision Bad Behavior Non-redressal of grievances WHO CAN RAISE A DISPUTE?: WHO CAN RAISE A DISPUTE? A dispute is said to have arisen when some demand is made by workmen and it is rejected by the management. A workmen can raise dispute. However dispute between single employee and employer doesn’t fall within the definition of industrial dispute TYPES OF INDUSTRIAL DISPUTES: TYPES OF INDUSTRIAL DISPUTES DEMONSTRATION A demonstration is visible manifestation of the feelings or sentiments of a individual or a group and is thus a communication of one’s ideas to others to whom it is intended to be conveyed. Though the employees have got the fundamental right to demonstrate, yet it is not necessary in the exercise of that right that the demonstration should be at the work place. HUNGER STRIKE: HUNGER STRIKE It is resorted to instill sympathy into the heart of the employer and to attract other workers and the public in general . Hunger Strike is not generally looked upon as such heinous offence as to justify dismissal from service. In fact, hunger strike is resorted to exert moral force and when a worker starts ‘hunger strike’ or propagating indiscipline amongst the workers. PICKETING: PICKETING ‘Picketing’ is an act of posting pickets and implies patrolling with signs, banners and placards for the purpose of excluding others from the place. In short, the meaning of the word ‘picketing’ is , ‘watching’ and dissuading those who want to go to work during a strike. ‘Boycott’ and ‘picketing’ are twin weapons of the same effect to disrupt the normal functioning of the enterprise. GHERAO: GHERAO ‘ Gherao ’ is a physical blockade of a target, either by encirclement intended to block the egress and ingress from and to a particular office, or even residence or forcible occupation. The target may be a place or a person or persons, usually the managerial or supervisory staff of an establishment GO-SLOW: GO-SLOW ‘Go-slow’ means any thing less than normal work or output by a body of persons employed in any industry acting in combination, or a concerned refusal or a refusal under a common understanding of an number of persons who are or have been so employed to continue to carry out their work in a normal manner with normal energy. PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES : PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES Collective Bargaining Collective Bargaining is a technique by which dispute as to conditions of employment, are resolved amicably, by agreement, rather than by coercion. The dispute is settled peacefully and voluntarily, although reluctantly, between labour and management. NEGOTIATION: NEGOTIATION Negotiation is one of the principal means of settling labour disputes. However, due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position, many a time negotiations fail. CONCILIATION AND MEDIATION: CONCILIATION AND MEDIATION Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement. Sometimes he submits his own proposals for settlement of their disputes. ARBITRATION: ARBITRATION The resort to arbitration procedure may be compulsory or arbitrary . Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. On the other hand in case of voluntary arbitration, the dispute can be referred for arbitration only if the parties agree to the same. ADJUDICATION: ADJUDICATION If despite efforts of the conciliation officer , no settlement is arrived at between employer and the workman, The Industrial Dispute a provides for a three tier system of adjudication viz. Labour Courts , Industrial Tribunals and National Tribunals under section, 7 , 7A and under section 7B respectively. The industrial tribunal are empowered to adjudicate on matters specified in both the Second and Third schedule i.e. both rights and interest disputes. The jurisdiction of the Industrial Tribunal is wider that the labour courts. AUTHORITIES: AUTHORITIES WORK COMMITTEES In establishments where 100 or more workers are employed Govt may require the employer to set up work committee Composed of equal number of representatives of workmen and management To preserve amity and establish cordial relations and to resolve differences of opinion on matters of common interest Conciliation officer: Conciliation officer Appointed by government Duty is to mediate in and promote the settlement of industrial disputes In some cases officer will investigate the dispute and induce the parties to come to an amicable statement. He has to send a report of settlement to govt. He has to submit the report within 14 days of commencement of conciliation proceedings. Board of conciliation: Board of conciliation The govt may notify constitution of board of conciliation for promoting settlement of an industrial dispute. It’s role is also consulative,like conciliation officer. Court of enquiry: Court of enquiry The govt may constitute a court of enquiry to enquire into any matter connected with an industrial dispute. The objective is to enquires into and reveal the causes of an industrial dispute. Labour courts: Labour courts These are to protect the labours and also to establish a cordial relations. Functions legality of an order passed by an employer under the standing orders Application and interpretation of standing orders Discharge or dismissal contd: contd Withdrawal of any customary concession or privilege Illegality or otherwise of a strike or lock out All matters Industrial tribunals: Industrial tribunals All matters within the jurisdiction of labour courts Wages Compensation and other allowances Hours of work and rest intervals Leave with wages and holidays Bonus,pf and gratuity. Shift working Classification of grades contd: contd Rules of disciplines Retrenchment and closure of establishment NATIONAL TRIBUNAL Constituted by central govt. Problems which are of national importance. Welfare officer: Welfare officer Under factories act 1948,the appointment of welfare officer in the organization if workers are 500 or more. STANDING ORDERS It’s a preventive measure Certification of standing orders by enterprises under the industrial employment standing order act 1946. Code of discipline: Code of discipline There should be a code of discipline for both the employers and employees. It should be agreed by two parties Slide 28: Thanks………..