Work procedure and power - Industrial Disputes Act(1947), Industrial Laws Video Lecture | Industrial Laws - B Com

you
hello students welcome to the lecture on
Industrial Disputes and discipline and
after this lecture we'll be able to
learn the following objectives explain
the concepts of disputes define the
concepts in nature of industrial dispute
discuss the forms of industrial disputes
understand the industrial dispute causes
define the dispute resolution describe
the meaning and techniques of conflicts
explain the meaning objectives and
approach of discipline understand the
maintenance of discipline discuss the
causes of in discipline
let's start with some introduction first
Industrial Disputes are organized
protests against existing terms of
employment or conditions of work
according to the industrial dispute Act
an industrial dispute means any dispute
or difference between employer and
employer or between employer and workman
or between workman and workman which are
connected with the employment or non
employment or terms of employment or
with the conditions of the labor of any
person let us first discuss about the
concepts of disputes disputes in the
workplace between employees and
employers or indeed between employees
and their colleagues inevitably happen
from time to time they can arise out of
a whole range of circumstances including
but not limited to simple
misunderstandings or mistakes poor
communication and decision making
tensions or personal difficulties
breaches of trust or of the law
infringement of personal dignity or
human rights inability or unwillingness
to perform allocated work unacceptable
behavior and so on employee self-esteem
morale and productivity can be harmed as
can their longer-term employment
prospects negative effects on business
productivity reputation employee
motivation and workplace relationships
can also be expected disputes carry
costs in both monetary and psychological
terms disputes nonetheless are a fact of
life
they will always occur not all can be
prevented or avoided let us now
understand the concepts in nature of
industrial dispute the consequences of
an industrial dispute will be harmful to
the owners of industries workers economy
and the nation of the whole which
results in loss of productivity profits
market share and even closure of the
plant
hence industrial disputes need to be
averted by all means prevention of
industrial disputes is a proactive
approach in which an organization
undertakes various actions through which
the occurrence of industrial disputes is
prevented concept industrial disputes
are organized protests against existing
terms of employment or conditions of
work nature an industrial dispute may be
defined as a conflict or difference of
opinion between management and workers
on the terms of employee
it is a disagreement between the
employer and employees representative
usually a trade union over pay and other
working conditions and can result in
industrial actions when an industrial
dispute occurs both the parties that is
the management and the workman try to
pressurize each other
the management may resort to lockouts
while the workers may resort to strikes
picketing or garea the disputes
generally arise on account of poor wage
structure or poor working conditions
this disagreement or difference could be
on any matter concerning the workers
individually or collectively it must be
connected with employment or non
employment or with the conditions of
labor let us now understand about the
forms of industrial disputes strikes
lockouts and Guerrero are the most
common forms of disputes strike strike
means a cessation of work by a body of
persons employed in any industry acting
in combination or a concerted refusal or
a refusal under a common understanding
or a number of persons who are or have
been so employed to continue to work or
to accept employment the following
points may be noted regarding the
definition of strike strike can take
place only when there is a cessation of
work or refusal to work by the workman
acting in combination or in a concerted
manner a concerted refusal or a refusal
under a common understanding of any
number of persons to continue to work or
to accept employment will amount to a
strike if on a sudden death of a fellow
worker the workman acting in concert
refused to resume work it amounts to a
strike the striking workman must be
employed in an industry which has not
been closed down even when a workman
cease to work the relationship of
employers and employees is deemed to
continue albeit in a state of bellanger
and suspension types of strike stay in
sit-down can down strike in all such
cases the workman after taking their
seats refused to do work all such acts
on the part of the workman acting in
combination amount to a strike go slow
go slow does not amount to strike but it
is a serious cause of miss Kahn
sympathetic strike cessation of work in
the support of the demands of workmen
belonging to other employer is called a
sympathetic strike hunger strike some
workers may resort to fast on or near
the place of work or residence of the
employers lightning or wildcat strike a
wildcat strike is an unofficial strike
example a strike not sanctioned by the
Union work to rule since there is no
cessation of work it does not constitute
a strike economic strike under this type
of strike labor stop their work to
enforce their economic demands such as
wages and bonus general strike it means
a strike by members of all or most of
the unions in a region or an industry it
may be a strike of all the workers in a
particular region of Industry to force
demands common to all the workers
regulation of strikes strikes would come
under the classification of collective
disputes the forum for the resolution is
the Industrial Court however unlike in
England or the United States where the
immediate remedy to break a crippling
strike is the controversial labor
injunction there is no provision under
the Act for the industrial court to
grant injunctive relief a national
strike which threatens an industry or
cripples an essential service in the
country would never be allowed to run
its course it declares that workmen
shall not go on strike after a trade
dispute involving them has been referred
to the court strikes can occur because
of the following reasons dissatisfaction
with company policy salary and incentive
problems increment not up to the mark
wrongful discharge or dismissal of
workman withdrawal of any concession or
privilege hours of work and rest
intervals leaves with wages and holidays
bonus profit sharing Provident Fund and
gratuity retrenchment of workman and
closure of establishment dispute
connected with minimum wages
you
lock out the Industrial Disputes act
defines lock out to mean the temporary
closing of a place of employment or the
suspension of work or the refusal by an
employers to continue to employ any
number of persons employed by him
lockout thus is the counterpart of
strike the corresponding weapon in the
hands of employer to resist the
collective demands of workman or to
enforce his terms it has been held by
the courts that the suspension of work
as a disciplinary measure does not
amount to lockout similarly temporary
suspension of work called layoff is not
lockout a lockout is a work stoppage in
which an employer prevents employees
from working it is declared by employers
to put pressure on their workers this is
different from a strike in which
employees refuse to work thus a lockout
is employers weapon while a strike is
raised on part of employees a lockout
may happen for several reasons unless
the limited court appeal is made may be
less formal and structure than going to
court depending on applicable
arbitration rules usually quicker and
less expensive than going to court types
of lockout picketing when workers are
dissuaded from work by stationing
certain men at the factory gates such a
step is known as picketing if picketing
does not involve any violence it is
perfectly legal pickets are workers who
are on strike but stand at the entrance
to their workplace the purpose of
picketing is to stop or persuade workers
not to go to work to tell the public
about the strike to persuade workers to
take their unions side regulation of
lockout employees do not have an
unfettered right to go on strike nor do
employers have such right to impose
lockout the Industrial Disputes act lays
down several restrictions on the rights
of both the parties a strike or lockout
commenced or continued in contravention
of those restrictions is termed illegal
and there is serve punishment provided
for the same consequences of lockouts
penalty for illegal strikes any workmen
who commences continues or otherwise
acts in
furtherance of a strike which is illegal
shall be punishable with imprisonment
for a term which may extend to one month
or with fine which may extend to one
dollar or with both penalty for a legal
lockout an employer who commences
continues or otherwise acts in
furtherance of a lockout which is
illegal shall be punishable with
imprisonment for a term which may extend
to one month or with fine which may
extend to twenty dollars or with both
Kirill garam means encirclement of the
managers to criminally intimidate him to
accept the demands of the workers garea
in Hindi means to surround it denotes a
collective action initiated by a group
of workers under which members of the
management are prohibited from leaving
the industrial establishment premises by
workers who block the exit gates by
forming human barricades let us now
discuss industrial dispute causes the
causes of industrial conflict or
disputes have been much varied these may
be described partly as psychological or
social and partly political but
predominantly economic some important
factors responsible for industrial
conflict and poor industrial relations
many are management's general epithet ik
towards workers or employees because of
their contention that they want more and
more economic or monetary rewards and
want to do less work mental inertia on
the part of both management and labor
lack of proper fixation of wages in
conformity with cost-of-living and a
reasonable wage structure generally bad
working conditions attends by management
to introduce changes such a
rationalization modernization or
automation without creating a favorable
to appropriate climate or environment
for the same assignment of unduly heavy
workloads to worker unfair labor
practices such as victimization or undue
dismissal dispute resolution generally
refers to one of several different
processes used to resolve disputes
between parties including negotiation
mediation arbitration collaborative law
and litigation dispute resolution is the
process of resolving a dispute or a
conflict by meeting at least some of
each side's needs and addressing their
interests the dispute resolution process
is a participatory and creative process
and is required prior to filing a
grievance to a decision-maker in the
complete process the dispute resolution
officer as an impartial third party will
consult individually with us and with
supervisor to gather relevant
information identify both of issues and
interests and explore options for
resolution appropriate dispute
resolution ADR as it is commonly called
comprises arbitration mediation
conciliation and negotiation these
time-proven processes are the
alternatives to seeking settlement of
disputes through the courts some of the
benefits of using ADR can be completed
quickly schedules to suit the parties
confidentiality ADR settlements are a
private matter between the parties and
there is no public record ADR is
generally voluntary etc it is required
by contract or by statute negotiation
negotiation is a less structured form of
ADR the facilitators role is to keep the
parties talking and bargaining the
parties may be individuals or teams the
facilitator keeps record of party
positions and points of agreement they
reach as discussions proceed the process
can be lengthy as in labor or sports
negotiation the facilitator will prepare
a memorandum of agreement containing all
of the points agreed mediation the
parties decide a dispute resolution
process in which the parties freely
choose to participate and any agreements
reached to settle disputes is done
solely by the parties without
interference the mediator is selected by
the parties and once selected the
mediator will arrange the mediation
process the mediator makes no decisions
instead he/she acts as a facilitator
only to assist the parties to understand
the dispute provide structured
discussion and
the parties reach a dispute settlement
agreement government machinery the
Ministry of Labour and employment at the
center is the key agency for the policy
formulation and administration in all
the matters pertaining to labour the
state governments with the cooperation
of their labor departments are
responsible for the enforcement thereof
the Directorate General of employment
and training dget office of chief labor
commissioner
CLC central the director-general of mine
safety d GMS the director-general of
factory advice and labour institutes and
industrial Tribunal's are some of the
agencies through which the central
government discharges its functions
related to the framing of labor laws and
settlement of industrial disputes did
you know during 1956 to 57 an alarming
number of cases of violence and
intimidation strikes and lockouts were
recorded arbitration arbitration is a
dispute resolution process where the
opposing parties select or a point in
individual called an arbitrator upon
appointment the arbitrator will arrange
the process to hear and consider the
evidence review arguments and afterwards
we'll publish an award in which the
items of dispute are decided in some
cases the arbitrator can conduct the
arbitration on documents evidence only
characteristics of arbitration can be
used voluntarily private unless the
limited court appeal is made may be less
formal and structure than going to court
depending on applicable arbitration
rules usually quicker and less expensive
than going to court depending on
applicable arbitration rules each party
will have the opportunity to present
evidence and make arguments may have a
right to choose an arbitrator with
specialized expertise let us move to
meaning and techniques of conflicts to
come into collision or disagreement be
contradictory at variance or opposition
clash the account of one eyewitness
conflicted with that of the other
conflict resolution techniques the
choice of an appropriate conflict
resolution technique depends on a number
of factors including why the conflict
occurred
the relation between the conflicting
parties and the relationship between the
principal and the conflicting parties
most of these techniques rest on one
model which consists of four steps
identify or clarify the issues search
for shared values explore possible
solutions
select the solution that satisfies those
who have the conflict preventative
techniques simple techniques fall within
this category one personal
qualifications of the principle
promoting and becoming involved in
morale-boosting social events for staff
students and parents - promoting
effective up down and down of
communication 3 altering behavior
through motivational seminars peer
evaluation mentoring etc types of
conflicts there are two types of
conflict one substantive conflict and
two effective conflict a substantive
conflict is associated with the job not
individuals while an effective conflict
is drawn from emotions hello everyone
and want to talk very briefly about
causes of conflict since we'll be
studying it over the next few weeks I
want to talk about why would study and
how but first of all I want to talk
about what is a conflict so conflict is
defined as a serious disagreement or
argument in history there would be a war
fights battles disputes all of that bad
stuff so why would we study the causes
of a conflict
what conflicts are not inevitable that
means that they can be avoided they
don't have to happen if we understand
conflict and what causes it then we can
avoid it in the future so how do we
study the causes of a conflict well in
order to figure out why the why of a
conflict we should study the conflicts
background so in order to figure out the
why we should study the who the what the
when and the where we should study who
was involved what happened when did it
happen and where did it happen this will
help us figure out the why that it had
and the causes of it so to review we
study it to avoid it we studied the
causes that we can avoid conflict
because it is avoidable we can figure
out the why or the cause of the conflict
by studying the background of the
conflict meaning the who what when and
where of the conflict and this will be
going will be moving forward after
studying the background we will look at
the cause and effects of key events that
led to the conflict and we'll also take
aside and make a decision about what we
think the major causes of the conflict
were let us now discuss about discipline
discipline may be defined as an attitude
of monitor which aims at in calculating
restraint orderly behavior and respect
for and willing obedience to are
recognized Authority in any industry
discipline is a useful tool for
developing improving and stabilizing the
personality of workers industrial
discipline is essential for the smooth
running of an organization for
increasing production and productivity
for the maintenance of industrial peace
and for the prosperity of the industry
and the nation it is a process of
bringing multifarious advantages to the
organization and its employees meaning
of discipline discipline is the force
that prompts an individual or a group to
observe the rules regulations and
procedures which are deemed to be
necessary to the attainment of an
objective it is force or fear force
which restraints an individual or a
group from doing things which are deemed
to be destructive of group objectives
there are two types of discipline one is
positive and the other is negative
positive discipline employs constructive
force to secure its compliance it is
immeasurably more effective and pays a
greater role in business management
negative discipline on the other hand
includes both the application of
penalties for violation and the fear of
penalties that serve as a deterrent to
violation aims and objectives the main
aims and objectives of discipline are to
obtain a willing acceptance of the rules
regulations and procedures of an
organization so that organizational
objectives can be attained to develop
among the employees a spirit of
tolerance and a
to make adjustments to give and seek
direction and responsibility to create
an atmosphere of respect for human
personality and human relations to
increase the working efficiency morale
of the employees approaches to
discipline enforcement the different
approaches to discipline include human
relations approach the employee is
treated as human being and his acts of
indiscipline will be dealt from the
viewpoint of human values aspirations
problems needs goals behaviors etc in
this approach the employees help to
correct his deviations Human Resources
approach the employee is considered as
resource as an asset to the organization
this approach analyzes the cause of
indiscipline from management activities
such as defects and selections training
motivations leadership etc after
identifying the defects corrective steps
are carried out by the Management Group
discipline approach group as a whole
sets the standard of disciplines and
punishments for the deviations in this
approach trade unions also act as
agencies in maintaining discipline in a
work situation the leadership approach
the leadership approach in disciplinary
cases is dealt on the basis of
legislations and Court decisions did you
know the workman's compensation Act 1923
provides for the payment of compensation
of workmen who meet the accident arising
out of and in the course of their duties
disciplinary actions have serious
repercussions on the employees and on
the industry and therefore must be based
on certain principles in order to be
fair just unacceptable to be the
employee and their unions therefore in
any discipline maintenance system
certain principles are to be observed
such as the rules of discipline as far
as possible should be framed in
corporation and collaboration with the
representatives of employees for their
easy implementation the rules and
regulations should be appraised at
frequent and regular intervals to ensure
that they are appropriate sensible and
useful the rules and regulations should
be flexible to suit different categories
of employees in the organization
that is both the blue-collar workers and
white-collar employees every kind of
disciplinary penalty even if it is a
rebuke or a warning should be recorded a
punitive action must satisfy the
principle of natural justice code of
discipline there should be no lockout or
strike without notice no unilateral
action should be taken in connection
with any industrial matter
there should be no recourse to go slow
tactics no deliberate damage should be
caused to plant or property acts of
violence intimidation coercion or
instigation should not be resorted to
the existing machinery for settlement of
disputes should be utilized awards and
agreements should be speedily
implemented any agreement which disturbs
cordial industrial relations should be
avoided the code embodies four parts
part one contains the duties and
responsibilities of employees workers
and the government in maintaining
discipline in industry part two enlists
the common obligations of management and
unions part three deals with the
obligations of management only while
part four relates to those of the unions
only the term in discipline generally
means the violation of formal or
informal rules and regulations in an
organization causes foreign discipline
and organizations the reasons could
range anything from poor wages to poor
management and the communication gaps
between the union and management the
common causes of indiscipline are one
unfair management practices management
sometimes indulges in unfair practices
like a wage discrimination B
non-compliance with promotional policies
and transfer policies C discrimination
and allotment of work D defective
handling of grievances e payment of low
wages F delay in payment of wages G
creating low quality work life etc -
absence of effective leadership absence
of effective leadership results in poor
management in the areas of Direction
guidance instructions
this in turn results in indiscipline
three communication barriers
communication barriers and absence of
humane approach on the part of superiors
result in frustration and in discipline
among the workers for varying
disciplinary measures consistent
disciplinary actions must be there in
the organization to provide equal
justice to all concerned
five defective supervision supervisor is
the immediate boss of the workers and
many disciplinary problems have therein
faulty supervision 6 absence of code of
conduct this creates confusion and also
provides chance for discrimination while
taking disciplinary action a domestic
inquiry is an internal hearing held by
an employer to a certain weather and
employees guilty of misconduct the
purpose of a domestic inquiry is to find
out the truth of the allegations made
against the workman in conducting a
domestic inquiry the rules of natural
justice must be adhered to justice must
not only be done but must be seen to be
done the two pillars of natural justice
being no person shall be condemned
unheard and no person shall sit in
judgment in his own cause or in any in
which he is interested domestic inquiry
is an internal inquiry into some alleged
misconduct by an employee the main
objectives of the domestic inquiry are
to establish whether the employee is
guilty on the allegation principles of
natural justice the principles of
natural justice have been developed and
followed by the Judah carry to protect
the right of the public against the
arbitrariness of the administrative
authorities natural justice implies
fairness reasonableness equity and
equality it is the concept of the common
law the aim of natural justice is to
secure justice to prevent miscarriage of
justice and to give protection to the
public against the arbitrariness
principles of hot stove rule hot stove
principle is a human resources
management in the formulation referring
to the criticism of people's once the
seam as the hot stove follow the warning
the same instant the principle of
fairness now in the end let us summarize
what we have learned in this light
a conflict or controversy a conflict of
claims or rights an assertion of a right
claim or demand on one side meant by
contrary claims or allegations on the
other any dispute or difference between
employer and employer or between
employer and workman or between workman
and workman which are connected with the
employment or non employment or terms of
employment or with the conditions of
labor of any person
an industrial dispute may be defined as
a conflict or difference of opinion
between management and workers on the
terms of employment strike means a
cessation of work by a body of persons
employed in any industry acting in
combination or a concerted refusal or a
refusal under a common understanding or
a number of persons who are or have been
so employed to continue to work or to
accept employment