1. INDUSTRIAL DISPUTE

2. Industrial Dispute Misunderstanding Difference of opinion Conflict
Arises between :
EMPLOYERS & WORKMEN
WORKMEN & WORKMEN
EMPLOYERS & EMPLOYERS
Due to :
Employment Terms
Conditions to work

3. Features of Industrial Dispute
Conflict BETWEEN employer & employee, Employee & Employee or employer & employer
Affects a large of people
Related to some PROBLEM which workers want to be REMOVED
It results in form of a DEMAND which should be met
Cost- Benefit consciousness arises
Take form of strikes, lock out, gehraos, dharna, go- slow etc

4. TYPES OF DISPUTES INTEREST DISPUTE – Determination of NEW WAGE LEVEL
RIGHTS DISPUTE – CONDITIONS OF WORK
Under Rights Dispute
Grievance Dispute – Employee Ill- treatment,, dismissal, working time, promotion, transfer, job classification, work rules, safety & health

5. FORMS OF DISPUTE UN-OFFICIAL STRIKES UN- AUTHORISED STOP WORK MEETINGS
SYMPATHETIC STRIKE( strikes in support of a group of workers already in strike)
POLITICAL or PROTEST STRIKE
WORK STOPPAGE INITIATED BY EMPLOYERS( Lock Out)
ROTATING or REVOLVING STRIKES( workers at diff locations take turns to stop work)

6. According to Industrial Dispute Act:
INDUSTRY
According to Industrial Dispute Act:
Any business, trade, undertaking, manufacture, service, handicraft or industrial occupation

7. WORKMAN
Any person(including apprentice) EMPLOYED in ANY INDUSTRY to do Manual , Clerical or supervisory FOR HIRE.
EXCEPTIONS:
Armed forces(Air Force, Army or Navy)
Police
Employees of Prison
Employed in Managerial or ADMIN capacity
Person in SUPERVISORY CAPACITY (of managerial nature) with more than Rs.1600 salary/ wage per month

8. CLOSURE
PERMANENT CLOSING DOWN of a place of employment or thereof. [SECTION 2(cc)]

9. SAFETY
Ensuring the workplace free from HAZARDS, EXPOSURES, INJURIES, ILLNESS, and FATALITIES
Ensuring Health of employees at workplace
Ensuring Accident Free Zone

10. Body of PERSONS (EMPLOYED in the ORG)
STRIKE
STOPAGE OF WORK BY
Body of PERSONS (EMPLOYED in the ORG)
REFUSAL under COMMON UNDERSTANDING(of a number of persons)

11. Conditions to Strike
Getting the demands sanctioned
If it is a registered trade union then,
There must be at least 7 members in the Trade Union

12. Primary Strike Stay Away strike Sit in Strike Pen Down Strike
Generally against the employer with whom the dispute arises
Stay Away strike
Sit in Strike
Pen Down Strike
Tools Down Strike
Mouth Shut Strike
Wild Strike
Picketing – (Getting attention from public by not allowing others to enter the plant)

13. LOCK OUT
Action of an EMPLOYER
TEMPORARY CLOSING DOWN
REFUSING the EMPLOYEES to WORK
The intention to RE-OPEN must exist.
Due to CLOSING of PLACE of EMPLOYMENT
Due to NOT ACCEPTING THE DEMAND OF EMPLOYEES

14. Conditions to Lock out
No Employer from PUBLIC UTILITY SERVICE allowed
14 DAYS NOTICE TO BE GIVEN by the employer.

15. EMPLOYER REFUSES to GIVE EMPLOYEMENT
LAY OFF
EMPLOYER REFUSES to GIVE EMPLOYEMENT
Due to Shortage of Coal, power & raw material
Due to trade reasons beyond the control of employer

16. EXCEPTIONS to LAY OFF: LESS THAN 50 Employees Seasonal Characteristics
COMPENSATION - 50% of Basic + DA
Note:
- More than 1 yr of Continuous Service & Maximum Layoff Period 45 days
- Employer – employee relationship does not come to end.
- Employer should maintain a muster role

17. RETRENCHMENT:
Termination of the services by the employer for any reason apart from Disciplinary issue
Eg: If the SBU is outsourced.

18. RETRENCHMENT
Note: – Voluntary retirement, Ill health cant be the grounds for retrenchment – ONE-MONTH Notice in writing from the employer side stating the reason – In the event of closure of business, 60 days notice to be given. – Retrenchment has be on LAST COME – FIRST GO basis
COMPENSATION: 15 days Average pay for every completed year of continuous service

19. Causes of Industrial Disputes
ECONOMIC FACTORS
Direct COMPENSATION Incentive System (Below PAR with the company profits/ incentive VS performance/ calculation of incentives)
Revision of WAGES ( due to wage diff in industry/region)
Investment in improving the WORKING CONDITIONS
Benefits – Leave with Wages, Medical Benefits etc
Work Standards ( Work Schedule, Working hours, Shift System)

20. Causes of Industrial Disputes
MANAGEMENT PRACTICES
Unfair Labour Practices – Managing Unions according to management wishes
Forcing workers to JOIN a PARTICULAR UNION
RESTRICT workers from joining a trade union
Dismiss workmen – by discrimination/ victimizing
Assigning such work for which is he is NOT hired for
Put workers for UNDULY LONG PERIOD(for temporary basis) – or else they will have to be paid for the benefits of permanent employees

21. Causes of Industrial Disputes
MANAGEMENT PRACTICES
Ill treatment of workers ( by ineffective supervisor – authoritarian work culture)
Other practices such as
Code of Conduct
Grievance Procedures
Agreement between Labour & Management

22. Causes of Industrial Disputes
TRADE UNION PRACTICES
Inter Union Rivalry – To attract more support from workers
Tendency of Unions to follow political parties
Non- Cooperative approach of Trade Unions
Lack of value system among the Unions

23. Causes of Industrial Disputes
LEGAL & POLITICAL FACTORS
Multiple Labour Laws (108)- Contradict with each other
Labour laws not updated (Based on the current situations)
Political interference with the unions

24. Strikes in India https://www.youtube.com/watch?v=iEDH8oexJ1U

25. Prevention of Industrial Disputes
Adoption of WELL DEFINED, CLEAR , HR policies
Timely updation of HR policies
Keeping WAGE POLICY FAIR & REASONABLE
Effective TWO WAY COMMUNICATION
Proving good WORKING CONDITIONS
Implementing SPEEDY GREIVANCE REDRESSAL PROCEDURE
RECOGNITION to TRADE UNIONS
JOINT CONSULTATION at Diff Levels

26. Prevention of Industrial Disputes - METHODS
Appointment of Labour Welfare Officer –
Tripartite and Bipartite Bodies
Standing Orders – Conditions of employment
Grievance Procedure – reasonable/ prompt
Collective bargaining
Strong Trade Union
Joint Consultation

27. Occupational Hazards Physical Hazards
Heat & Cold – Direct effects of heat exposure, burn, heat stroke, heat cramps, increased fatigue, accidents ( Ovens/ furnaces)
Glass & Steel industries, Mines
Light – Poor Illumination or excessive brightness – Eye Strain, Eye Pain etc
Vibration – Drills and hammers, Affect Hands & arms, Injuries to joints of hands, elbows and shoulders

28. Occupational Hazards Chemical Hazards
Local Action / Inhalation – Duration of exposure & quantum of exposure
Biological Hazards
Working with animal products, agricultural , bidi factory, textile industry – brucelosis/ fungal infections/ anthrax/ tetanus etc

29. Occupational Hazards Mechanical Hazards
Old machinery causing accidents
Poor Maintenance of Machinery
Lack of training in New Machinery
Psychological Hazards
Lack of Job Satisfaction, Insecurity, Emotional Tension, Poor Human Relationship, Frustration – Capacity to work in different work environment

30. Coca-Cola Hello Happiness
In an ad posted by Coca-Cola this week, the company shows how they installed a phone booth in Dubai so that poor South Asian workers could pay for a three-minute international phone call home using Coke bottle caps.

31. This July 15, 2008, photo depicts typical living conditions for migrant workers on the outskirts of Abu Dhabi, United Arab Emirates. Workers live and work without adequate rights in difficult conditions in labor camps. Twelve to 20 men often share a small room. Exploitation of hundreds of thousands of underpaid migrant workers, from countries such as India and Pakistan, helps fuel the economic boom in construction and tourism in the small, oil-rich Gulf states.

32. SETTLEMENT of INDUSTRIAL DISPUTES
Collective Bargaining
Code of Discipline
Grievance Procedure
Arbitration
Adjudication
Conciliation

33. TRIPARTITE COMMITTEE
Dispute Resolution Committee
Established by GOVT oF INDIA
To RESOLVE DISPUTES
Examples:
Indian Labour Conference (ILC)
Standing Labour Committee
Committee of Conventions
Industrial Committee

34. Method of RESOLVING DISPUTES 3rd PARTY listens to BOTH
ARBITRATION
Method of RESOLVING DISPUTES
3rd PARTY listens to BOTH
STUDIES the full matter
Give SUGGESTIONS
The SOLUTION is COMPULSORY for BOTH to ACCEPT

35. Conditions to Arbitration
Both parties must AGREE IN WRITING for the process
Must be SIGNED by parties in the prescribed form
Agreement must be attached with the CONSENT
Agreement must contain the ISSUES to BE DECIDED
The ARBITRATOR’s details must be specified

36. ADJUDICATION MANDATORY SETTLEMENT by LABOUR COURT
ONLY – When BOTH the parties FAIL to arrive at a settlement through voluntary methods

37. Difference between Arbitration & Adjudication
In arbitration, the parties AGREE to the 3rd PARTY – an individual or a group
In Adjudication, the parties AGREE to the LEGAL AUTHORITY – Judge, Magistrate etc.

38. CONCILLIATION
Representatives of Workers & Employers are brought together before 3rd PARTY – (mediators)
To arrive at agreement by mutual discussion
The conciliation officer will submit the REPORT within 14DAYS from th date of commencement of the process
NO Strike or Lock during this process

39. Employee should submit the grievance to a cell
GRIEVANCE PROCEDURE
Employee should submit the grievance to a cell
Cell Consist of 4 members ( 2 appointed from Management + 2 appointed from workers)
Must take a decision within 2 months

40. Code of Discipline Responsibilities between Management & Workers
Objective is to :
Maintain Discipline
Prevent Dispute
Avoid Stoppage of work
Growth of Trade Union

41. COLLECTIVE BARGAINING
Process in which employees act a group in seeking to shape conditions and relationships in their employment

42. THE END