Description
This is a PPT explains about industrial dispute act.
Industrial dispute act 1947
Introduction
?
According to Section 2 (k) of the Industrial Disputes Act, 1947 “industrial dispute” is defined as, “Any disputes or differences between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person”
History
?
?
? ? ? ?
Employer’s and Workmen’s (Disputes) Act,1860 Trade Disputes Act,1929 . Act seeks to reorient the administration of the conciliation machinery. The act extends to the whole of the India . Applies to all industries whether public and private. Usually amended time to time. Latest amendments done in 1984.
Objectives
?
?
? ? ? ?
To secure industrial peace. For prevention and settlement of I.disputes between employers and employees. Securing and preserving amity and good relations between the employers and workmen. To ameliorate the condition of workmen in industry. By redressal of grievances of workmen through a statutory machinery. By providing job security.
Definitions
1.
2. 3. 4.
5.
6. 7. 8.
9.
10. 11. 12.
Appropriate government Industry Workman Wages Appropriate government. Average pay Award: Board: Closure Concialiation officer Conceliation proceedings. Court:
13.
14. 15. 16.
17.
18.
Employer: Executive: Office bearer: Independent person Industrial eshtablishment Labour court.
Types of id
Interest disputes ? Grievance disputes ? Unfair labour practices ? Recognition disputes
?
Who can raise an Industrial Dispute?
? ?
?
Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. It excludes those employed in managerial or administrative capacity.
Parties to ID
Employers and Employers ? Employers and Workmen ? Workmen and Workmen
?
Essentials of an Industrial Dispute
?
?
?
?
It must affect a large group of workmen It should invariably be taken up by the industry union or by an appreciable number of workmen There must be a concerted demand by the workers for redress and the grievance becomes such that it turns from individual complaint to a general complaint If the dispute was in the beginning an individual dispute and continued to be such till referred for adjudication, it can not be converted into industrial dispute by later support from other workmen
Weapons used by Unions/ Workers
Strikes ? Boycott ? Gherao ? Picketing ? Non-cooperation/ Indicipline ? Hostility ? Absenteeism, alcoholism or high rate of accidents
?
Weapons used by Management
? ? ? ?
Employers association Lock out Suspension Termination
Authorities under the act.
?
?
Concillation Officers
Labour Courts
?
?
Industrial Tribunals
National Industrial Tribunals
Lay off
As per the section 2(kkk) : “Lay Off “ is the inability /failure /refusal of the employer to give employment to workmen on his muster rolls (excluding badlis & casuals) on account of :
? ? ? ?
Shortage of coal/ power/ raw material Accumulation of stocks Breakdown of machinery Natural calamity (like floods / earthquake / fire / lightning, etc) or any other connected reason
Retrenchment
As per section 2(00), all types of termination of a workman by an employer would be retrenchment, unless it is a termination by way of disciplinary action or it falls under any one of the following four exceptions : ? Voluntary retirement. ? Retirement on reaching the age of superannuation (if there is a stipulation in the contract of employment). ? Termination resulting out of non-renewal of a fixed term contract employment. ? Termination on account of continued ill-health.
Closure
?
A fundamental right of Employer. No State government intervention.
?
?
The reasons could be actual loss or apprehended loss.
Basically due to trade reasons.
?
Lock out
?
?
?
?
?
Temporary closing down of place of employment, or suspension, or withholding of the work by the employer His refusal to continue to with services of employees. Elements of demand leading to closedown. Intention is their to re-employ the workers if the accept the demand. Strike & Lockout are both weapons for armory of employee and employer .
Settlement
?
Arrived at in course of conciliation . Written agreement b/w parties, signed. Copy of the agreement sent to officer authorized by appropriate government and conciliation officer.
?
?
Strike
?
Cessation of work by a body of persons employed. Concerted refusal of any number of workers who have to continue to work or accept employment. Refusal under common understanding .
?
?
When would strikes or lockouts be illegal in public utility
? ? ? ? ? ?
without giving at least 14 days notice. Commenced after 42 days of notice. Prior to date indicated in the notice. During pendency of proceedings before conciliation officer/board and seven days thereafter. During pendency of proceedings before labour court / tribunal / arbitrators and two months thereafter. During the period when a settlement or award is in operation on matters covered.
Non-public utility service
?
?
?
?
In breach of contract During pendency of conciliation before a board and seven days thereafter During pendency of conciliation before labour court / tribunal / arbitrator and two months thereafter During the period on matters covered when a settlement or award is in operation.
Consequences of illegal strikes/lockouts
? On ? On
workmen employer
? On
any person
Extent of compensation payable to affected workmen
In case of working for more than a year : ? worker entitled for notice and compensation In case of unavoidable circumstances beyond the control of employer: ? Shall not exceed average pay for three months Consequence of violating the provisions on closure: As per sn.25r any employer who closes down an establishment without complying with the provisions of sn.25(o)(1) shall be punishable with imprisonment for 6 months or with fine upto rs.5,000/- or both.
Penalties for..
illegal strikes and lock-outs. ? instigation, etc ? giving financial aid to illegal strikes and lock-outs. ? breach of settlement or award. ? disclosing confidential information. ? closure without notice. ? other offences.
?
FAQs
? ?
?
? ?
When does an individual dispute become an industrial dispute? Are there any restrictions on the employer in the matter of changing the service conditions of his workmen? What is the punishment for committing an unfair labour practice? What is the procedure for recovering money due to a workman from his employer? What is not included in Industry?
doc_570309409.ppt
This is a PPT explains about industrial dispute act.
Industrial dispute act 1947
Introduction
?
According to Section 2 (k) of the Industrial Disputes Act, 1947 “industrial dispute” is defined as, “Any disputes or differences between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person”
History
?
?
? ? ? ?
Employer’s and Workmen’s (Disputes) Act,1860 Trade Disputes Act,1929 . Act seeks to reorient the administration of the conciliation machinery. The act extends to the whole of the India . Applies to all industries whether public and private. Usually amended time to time. Latest amendments done in 1984.
Objectives
?
?
? ? ? ?
To secure industrial peace. For prevention and settlement of I.disputes between employers and employees. Securing and preserving amity and good relations between the employers and workmen. To ameliorate the condition of workmen in industry. By redressal of grievances of workmen through a statutory machinery. By providing job security.
Definitions
1.
2. 3. 4.
5.
6. 7. 8.
9.
10. 11. 12.
Appropriate government Industry Workman Wages Appropriate government. Average pay Award: Board: Closure Concialiation officer Conceliation proceedings. Court:
13.
14. 15. 16.
17.
18.
Employer: Executive: Office bearer: Independent person Industrial eshtablishment Labour court.
Types of id
Interest disputes ? Grievance disputes ? Unfair labour practices ? Recognition disputes
?
Who can raise an Industrial Dispute?
? ?
?
Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. It excludes those employed in managerial or administrative capacity.
Parties to ID
Employers and Employers ? Employers and Workmen ? Workmen and Workmen
?
Essentials of an Industrial Dispute
?
?
?
?
It must affect a large group of workmen It should invariably be taken up by the industry union or by an appreciable number of workmen There must be a concerted demand by the workers for redress and the grievance becomes such that it turns from individual complaint to a general complaint If the dispute was in the beginning an individual dispute and continued to be such till referred for adjudication, it can not be converted into industrial dispute by later support from other workmen
Weapons used by Unions/ Workers
Strikes ? Boycott ? Gherao ? Picketing ? Non-cooperation/ Indicipline ? Hostility ? Absenteeism, alcoholism or high rate of accidents
?
Weapons used by Management
? ? ? ?
Employers association Lock out Suspension Termination
Authorities under the act.
?
?
Concillation Officers
Labour Courts
?
?
Industrial Tribunals
National Industrial Tribunals
Lay off
As per the section 2(kkk) : “Lay Off “ is the inability /failure /refusal of the employer to give employment to workmen on his muster rolls (excluding badlis & casuals) on account of :
? ? ? ?
Shortage of coal/ power/ raw material Accumulation of stocks Breakdown of machinery Natural calamity (like floods / earthquake / fire / lightning, etc) or any other connected reason
Retrenchment
As per section 2(00), all types of termination of a workman by an employer would be retrenchment, unless it is a termination by way of disciplinary action or it falls under any one of the following four exceptions : ? Voluntary retirement. ? Retirement on reaching the age of superannuation (if there is a stipulation in the contract of employment). ? Termination resulting out of non-renewal of a fixed term contract employment. ? Termination on account of continued ill-health.
Closure
?
A fundamental right of Employer. No State government intervention.
?
?
The reasons could be actual loss or apprehended loss.
Basically due to trade reasons.
?
Lock out
?
?
?
?
?
Temporary closing down of place of employment, or suspension, or withholding of the work by the employer His refusal to continue to with services of employees. Elements of demand leading to closedown. Intention is their to re-employ the workers if the accept the demand. Strike & Lockout are both weapons for armory of employee and employer .
Settlement
?
Arrived at in course of conciliation . Written agreement b/w parties, signed. Copy of the agreement sent to officer authorized by appropriate government and conciliation officer.
?
?
Strike
?
Cessation of work by a body of persons employed. Concerted refusal of any number of workers who have to continue to work or accept employment. Refusal under common understanding .
?
?
When would strikes or lockouts be illegal in public utility
? ? ? ? ? ?
without giving at least 14 days notice. Commenced after 42 days of notice. Prior to date indicated in the notice. During pendency of proceedings before conciliation officer/board and seven days thereafter. During pendency of proceedings before labour court / tribunal / arbitrators and two months thereafter. During the period when a settlement or award is in operation on matters covered.
Non-public utility service
?
?
?
?
In breach of contract During pendency of conciliation before a board and seven days thereafter During pendency of conciliation before labour court / tribunal / arbitrator and two months thereafter During the period on matters covered when a settlement or award is in operation.
Consequences of illegal strikes/lockouts
? On ? On
workmen employer
? On
any person
Extent of compensation payable to affected workmen
In case of working for more than a year : ? worker entitled for notice and compensation In case of unavoidable circumstances beyond the control of employer: ? Shall not exceed average pay for three months Consequence of violating the provisions on closure: As per sn.25r any employer who closes down an establishment without complying with the provisions of sn.25(o)(1) shall be punishable with imprisonment for 6 months or with fine upto rs.5,000/- or both.
Penalties for..
illegal strikes and lock-outs. ? instigation, etc ? giving financial aid to illegal strikes and lock-outs. ? breach of settlement or award. ? disclosing confidential information. ? closure without notice. ? other offences.
?
FAQs
? ?
?
? ?
When does an individual dispute become an industrial dispute? Are there any restrictions on the employer in the matter of changing the service conditions of his workmen? What is the punishment for committing an unfair labour practice? What is the procedure for recovering money due to a workman from his employer? What is not included in Industry?
doc_570309409.ppt