Industrial Relations Industrial Disputes.prikshit Saini

8/8/2019 Industrial Relations Industrial Disputes.prikshit Saini

1/28

P R E S E N T E D B Y - P RI KS HI T S AI NI

M B A 2 N D YEAR

Industrial Relations & Industrial Disputes


2/28

Industrial Relations

The term Industrial Relations refers to relationships between

management and labour or among employees and their

organizations that characterize or grow out of employment.

According to ILO, Industrial Relations deal with either the

relationships between the state and the employers and the

workers organization or the relation between the occupational

organizations themselves.


3/28

Objectives of Industrial Relations

To enhance the economic status of the worker.

To regulate the production by minimizing

industrial conflicts

To provide an opportunity to the workers to havea say in the management and decision making.

We can get max. output through min. input

It is helpful for reducing the level of wastage.


4/28

Objectives of Industrial Relations

To encourage and develop trade unions in order to improve the

workers collective strength.

To avoid industrial conflicts

maintain industrial democracy

is the key factor of increasing the productivity.


5/28

Significance of Industrial Relations

Industrial peace

Industrial Democracy

Improved productivity

Benefits to workers


6/28

INDUSTRIAL DISPUTES

According to The Industrial Disputes Act,1947,

Industrial Dispute is any dispute or difference between

employees and employees , or between employees &

employers, or between employers & employers, which isconnected with the employment, or non-employment, or the

terms of employment or with the conditions of work of any

person.


7/28

Thus it canbe characterized as:-

The dispute could be between employer-employer, employee-

employee or employer-employee.

The dispute must pertain to some work-related issue.

Dispute between one or two workmen and their employers is notan industrial dispute.


8/28

A C C OR D I NG T O T HE C OD E O F I ND U S T R I A L R E L A T I ONS

I NT R OD U C E D I N T HE U NI T E D K I NG D OM I N 19 72,D I S PU T E S A R E OF T W O T Y PE S :

D I SP UT ES O F R IG HT S

D IS PU TE S O F I NT ER ES TS

TYPES:


9/28

y Disputes of rights: the dispute related to theapplication of the existing agreement or contract ofemployment are known as the dispute of right.

y

Dispute of interests: the disputes related to theclaims by employees or proposals by amanagement about the terms and conditions of theemployment are known as disputes of interests.


10/28

Forms of Industrial Disputes

strikes Lock-Outs

Gherao Picketing& Boycott


11/28

1)Strikes

A strike is a concerted withdrawal of labour from production

temporarily. It is a collective stoppage of work by a group ofworkers for pressuring their employers to accept certain

demands.


12/28

y Economic strike

y Sympathetic strike

y General strike

y Sit down strike

y Slow down strike

y Hunger strike


13/28

2)Lock-Outs

Lock-out is the counterpart of strike. It is the weapon available to

the employer to close down the factory till the workers agree to

resume work on the conditions laid down by the employer.

Industrial Dispute act, 1947; the closing of a place of an employment , or the suspension of

work or the refusal of an employer to continue to employ any

number of persons employed by him.


14/28

3)Gherao

Gherao means to surround.

In this method, a group of workers initiate collective action

aimed at preventing members of the management from leaving

the office.


15/28

4)Picketing & Boycott

When picketing, workers often carry/ display

signs, banners & prevent others from

entering the place of work and persuade

others to join the strike. Boycott aims at disrupting the normal

functioning of an enterprise.


16/28

Industrial Disputes In India

Workers were largely illiterates, had no

organizing powers and clearly lacked

strong union leaders who could fight ontheir behalf and deliver the goods.


17/28

MACHINERYFOR PREVENTION &SETTELMENTOFDISPUTES

VOLUNTARYMETHODS

- CollectiveBargaining

-Trade Unions

-Joint

Consultations-code of discipline

GOV

ERNMENTMACHINERY

-LabourAdministration

Machinery

-State Level

-Central Level

STATUTORYMEASURES

-Conciliation

-Arbitration-Adjudication


18/28

1)VoluntaryMethods

a)Collective Bargaining

Collective bargaining is a procedure by

which the terms and conditions of workers

are regulated by agreements between their

bargaining agents and employers.The basic objective of collective bargaining

is to arrive at an agreement on wages andother conditions of employment.


19/28

b)Trade Unions

Strong trade unions help

prevent industrial disputes.

They can bargain with

employers effectively and seek

quick redressal of grievances.

A strong union can protect the

employees interest relating to

wages, benefits, job security,

etc..


20/28

c)Joint Consultations

It have to be set up inall those industrial unitswhich employs 100 ormore persons.

workscommittees

The JMC should consistof equal numbers ofrepresentatives ofworkers and employers(minimum 6 andmaximum 12)

Joint

ManagementCouncils

(JMC)


21/28

d)StandingOrders

The term Standing Orders refers to therules and regulations which govern the

conditions of employment of workers.

The Industrial Employment (Standing

Orders) Act of 1946 provides for the

framing of standing orders in all industrial

undertakings employing 100 or more

workers.


22/28

StatutoryMeasures

a)Conciliation

Conciliation is a process by

which representatives of workers

and employers are brought

together before a third person ora group of persons with a view to

persuade them to come to a

mutually satisfying agreement.


23/28

b)Voluntary Arbitration

When conciliation proceedings fail to settle the dispute, the

conciliation officer may persuade the conflicting parties to

voluntarily refer the dispute to a third party known as

Arbitrator, appointed by the parties themselves.The arbitrator listens to the viewpoints of both parties and

delivers an award or judgement on the dispute.


24/28

c)Adjudication

Adjudication or compulsory arbitration is the ultimate remedy for

the settlement of disputes in India.

Adjudication consists of settling disputes through the

intervention of third party appointed by the government.


25/28

Adjudication

LabourC

ourt

IndustrialT

ribunals

NationalT

ribunals


26/28

Labour Court

The labour court consists of one

independent person who is or has

been a judge of a High Court, or has

been a district judge or additionaldistrict judge for not less than 3

years or has held any judicial office

in India for not less than 7 years.


27/28

IndustrialTribunal

CHANNO

This is also a one-man adhoc body

appointed by the Government. It has a

wider jurisdiction than the labour court.

The government concerned may appointtwo assessors to advice the presiding

officer in the proceedings.


28/28

NationalTribunal

This is the third one-man adjudicatory body to be appointed by

the central government to deal with disputes of national

importance or issues which are likely to affect the industrial

establishments in more than one state.

Documents

Industrial Relations Industrial Disputes.prikshit Saini