STRIKES AND LOCK-OUTS

Introduction and Definition:

Strikes and lock-outs are two powerful weapons in the hands of the workers and employers
respectively to settle industrial disputes. When workers fail to save a redressed of their
Grievance and fulfillment of their demands by peaceful negotiations with the employs they try to
force the employer to come to a settlement by temporarily withdrawing their services in the from
of strike. Cessation even for half an hour amounts to a strike. more absence from work is not
enough but there must be concerted refusal to work to constitute a strike. `Strike’ has been
defined in sub-section 2(22). A cessation of work by a body or persons employed in any
establishment acting in combination. A concerted refusal of any number of persons who are or
have been so employed to continue to work or to accept employment. attentively, the workers
may refuse to work when they are demanded to work which they are under legal or contractual
objection to discharge for the employer. But law Provides fetters on application of this weapon
recklessly to jeopardize the economics, social and political interest of the Country. An strike is
illegal when it is declared, commercial or continued otherwise than in accordance with the
provisions of section 2(43) of labour code 2006.

Strike or Lock-outs in Public Utility

Services:

Under sub-section 211(4) in the case of any of the public utility services, the Government may
by order in writing, prohibit a strike or lock-out at any time before or after the commencement of
the strike or lock-out. No employee can go on strike in public utility service when there is a
breach of contract. If employees want to go on strike they before six months notice provided to
the employer to show the intension of the strike. After giving notice of six months than within 14
months on employee can go on strike. In conciliation proceeding is pending then strike is not
possible and after seven days of concluding the proceeding, no strike or lock-out has happened.
No employer can declare lockout in public utility service. If employers want to go on lockout
then before six months notice is given to employees. If conciliation proceeding is pending no
employer can go on strike and after seven days of the conclusion of Proceeding employers do a
lockout if there is strike or lockout already in existence then there is no need to send a notice ut
the employer sends intimation to the authority specified by the appropriate government, notice
given to the authority of that particular region or otherwise given in several. the notice of strike
given to any employer in a prescribed format and mentioned the number of employees who
participated in the strike. The notice of lockout given to any employee in a prescribed format.
Before the expiring of the date of strike specified in any such notice as aforesaid i.e, the date
specified in the notice must have expired on the day of striking.

Penalty for investigation illegal strike or

Lock-out:-

It is not only commencing and continuing an illegal strike and lock-out which have been made
punishable but punishment for instigating or inciting strikes or lockouts is also made punishable
offence under the code. Section 295 also provide for rule regarding instigation of illegal strike or
lockout whoever instigates or incites others to take part in or expends or supplies money or
otherwise acts in furtherance or support of an illegal strike or an illegal lockout, shall be
punishable with imprisonment for a term which may extend to one year or with fine which may
extend to five thousand taka, or with both. It shows the penalty for non-compliance of labour
courts order, penalty for employment of child and adolescent, penalty for unfair labour practices
these are similar to this provision. Bored on the above mentioned literature it assumed that most
of the labour unrest occurred due to lack of proper implementation of Bangladesh labour Act
2006, because labor unrest is a major problem for the growth and sustain of ready garment
factories. An employer who contrivance any provision of this act, as applicable to his shop or
commercial or industrial establishment, shall, for the first offence, be punishable with fine not
exceeding Tk. 500/- and in the case of a continuing offence, with a further fine with the offence
continues and for each of the subsequent offences with a fine which may extend to tk. 500/- or
with simple imprisonment not exceeding one month or with bot. No counts inferior to that of a
magistrate of the first class shall try any offence punishable under this section as well as under as
under section 295.
Conclusion:

Strike or lockout is declared when the situation is out of centered. Strike or lockout does not
provide benefits to anyone. It is a very serious decision. Before declaring strike or lockout
negotiation is done between management and workers but when the thins are not so good after
that strike or lockout is declared. theses system is come to stop the exploitation of workers
because workers have no power to stand in front of management. Strike and lockout is a kind of
weapon. If the industry makes a healthy relationship between employs and employers then this
situation has never come. The effort to improve the relationship is on both sides employees and
employs so that they live with peace and harmony.