industrial disputes preventional machinary

8/2/2019 Industrial Disputes Preventional Machinary

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Machinery for prevention and settlement ofindustrial dispute

By: Chinta Mani Bhattarai

HRM 4th semester

Institute of Banking and Management studies (IB&MS)
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Interest power

Rights

Industrial disputes


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Party X sees mostly RED

PartyYseesmostlyYELLO

W

Employe

ebenefits

Management benefits

Direction ofXs View

Directionof Ys

view

X represents the managementY represents the employees


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The conflict or difference in opinion between employer (management)and employees (workers) on terms of employment.

According to section 2(K) of industrial dispute act 1947, any dispute

between employers and employers or between employers and workmenor between workmen and workmen and which is connected with theemployment and non-employment or the terms of employment or withthe condition of labour.

Industrial dispute?

DisagreementEmployer VS employee representative (i.e, Trade union)

Management may resort to lockoutsWhile

Workers may resort to strikes, picketing or gheraos.


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Causesofindustrialdisputes

Wages,Bonus,Allowances,Conditionsofwork,Workinghours,LeaveandHolidayswithoutpay,UnjustlayoffsandRetrenchments.

Victimizationofworkers,illtreatmentbystaffmembers,sympatheticstrikes,politicalfactorsandindiscipline.

Ec

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ic

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Causes of

Miscellaneous factors

Inter/intra union rivalry Charter of demandsWork load Standing orders/rules/service conditions/safety

measures

Non implementation of agreements and rewardsetc.


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Percentage distribution of industrial disputesby causesin India


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TrendsofindustrialdisputesinIndia

VIDEO
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MachineryforpreventionandsettlementofindustrialdisputesinIndia

Voluntary method

-Collectivebargaining

-Tradeunions

-Jointconsultants

-Standingorders

-Grievanceprocedure-Codeofdiscipline

Government machinery

Labouradministrationmachinery

-Statelevel-Centrallevel

Statuary measures

-workcommittees

-conciliation(conciliationofficerandconciliationboard)

-arbitration

-Adjudication(Labourcourt,Industrialtribunal,Nationaltribunal)


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Collectivebargaining

Itoccurswhenrepresentativesofunionmeetwithmanagement.

Theymeettodisputesoveremployeewagesandbenefits,tocreateorrevisework

ruleandtoresolvedisputesoflabourcontract.

Itissaidtobecollectivebargaininginthesensethatchosenrepresentativesactas

bargainingagentforallemployeesdealingwithmanagement.

Voluntary method


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Trade union

Trade union acts as negotiator where representatives discuss withmanagement issues which affects people working in an

organization.

Represents the individual members when they have problem atwork, like unfair treat with individuals.

Unions have wealth of information which is useful to people at work.

Thus, trade union activities leads to collective bargaining becausethey tries to find out the solutions of different views.


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Jointmanagementcouncil

Emphasizelabourparticipationinmanagement,andconsistsofequalnumbersof

workersandemployers(minimum6&maximum12).

RepresentationofworkerstotheJMCsshouldbebasedonthenominationbythe

representation.

Objectives

a) Satisfythepsychologicalneedsofworkersb) Improvethewelfaremeasures

c) Increaseworkersefficiency

d) Improvetherelationandassociationbetweenworkers,managersandpromoters.


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Standing orders

Standing orders define and regulate terms and conditions ofemployment and bring about uniformity in them.

It specifies the duties and responsibilities of both employers andemployees thereby regulating standards of their behaviour.

Therefore, standing orders can be a good basis for maintainingharmonious relations between employees and employers.

Under Industrial Dispute Act, 1947, every factory employing 100workers or more is required to frame standing orders in consultationwith the workers. These orders must be certified and displayed

properly by the employer for the information of the workers.


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Grievanceprocedure

Sectionheadshalltrytoresolveandifthisfails

Departmentheadshallintervenetoresolveandifthisfails

Divisionheadintervene,ifthisfail

Complainisreferredtotheunion.


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Code of discipline

Defines duties and responsibilities of employees and workers

It ensures that employees recognize the obligations and rights ofone another.

Promotes co-operation


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Governmentmachinery

Labour administration machinery1. State level2. Central level


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Statutory measures

As per the industrial dispute act 1947, work committees have to besettled all those industrial units which employee 100 or morepersons.

It is basically a consultative body.

Giving greater participation to workers.

Ensuring close interaction between labour and management

Generating cooperative atmosphere for negotiation between parties

Opening the door to union to have a clear view of what is going onwithin the unit

Strengthening the sprit of voluntary settlement of dispute

Work committees
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Conciliation

Conciliationreferstotheprocessbywhichrepresentativesofemployeesandemployers

arebroughttogetherbeforeathirdpartywithaviewtodiscuss,reconciletheir

differencesandarriveatanagreementthroughmutualconsent.Thethirdpartyactsasa

facilitatorinthisprocess.TheIndustrialDisputesAct1947prohibitsstrikesandlockoutsduringthattimewhentheconciliationproceedingsareinprogress.

ConciliationOfficer:Theconciliationofficerhoweverhasnopowertoforcea

settlement.Hecanonlypersuadeandassistthepartiestoreachanagreement.He

issupposedtogivejudgmentwithin14daysofcommencementoftheconciliation

precedings.

Conciliationboard:itisanad-hoc,tripartitebodyhavingapowerofcivilcourtcreated

forspecificdispute(iftheconciliationofficerfailstoresolvedisputewithinatime

frame,conciliationboardisappointed).


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Arbitration

A process in which a neutral third party listens to the disputing parties,gathers information about the dispute, and then takes a decision whichis binding on both the parties. The conciliator simply assists the partiesto come to a settlement, whereas the arbitrator listens to both theparties and then gives his judgment.

There are two types of arbitration:

Voluntary Arbitration: In voluntary arbitration the arbitrator isappointed by both the parties through mutual consent and the arbitratoracts only when the dispute is referred to him.

Compulsory Arbitration: Implies that the parties are required to referthe dispute to the arbitrator whether they like him or not. Usually, whenthe parties fail to arrive at a settlement voluntarily, or when there issome other strong reason, the appropriate government can force theparties to refer the dispute to an arbitrator.


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Adjudication

AdjudicationistheultimatelegalremedyforsettlementofIndustrialDispute.

AdjudicationmeansamandatorysettlementofanIndustrialdisputebyalabourcourt

oratribunal.Forthepurposeofadjudication,theIndustrialDisputesActprovidesa

3-tiermachinery:

Labour court: Dismissalordischargeorgrantofrelieftoworkmenwrongfully

dismissed.Illegalityorotherwiseofastrikeorlockout.Withdrawalofanycustomary

concessionorprivileges.

Industrial Tribunal: Wages,Compensatoryandotherallowances,Hoursofworkandrestintervals,Leavewithwagesandholidays,Bonus,profit-sharing,PFetc.,Rules

ofdiscipline.Retrenchmentofworkmen,Workingshiftsotherthaninaccordancewithstandingorders.

National Tribunal: MattersofNationalimportance.Matterswhichareofanaturesuchthatindustriesinmorethanonestatearelikelytobeinterestedin,orareaffectedby

theoutcomeofthedispute.


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Thank you
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