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HRM 19 Industrial Disputes
HRM 19 Industrial Disputes
HRM 19 Industrial Disputes
Definition
According to Industrial Disputes Act, 1947: Industrial disputes means any dispute or difference between employers and employees, or between employers and workmen or between workmen and workmen, which is connected with the employment or nonemployment or terms of employment or with the conditions of labour of any person.
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Essentials of a dispute
1. There must be a dispute or difference (a) between employers and employees, (b) between employers and workmen, and (c) between workmen and workmen. 2. It is connected with the employment or nonemployment or the terms of employment or with the conditions of labour of any person, or it must be pertaining to any industrial matter; 3. The relationship between the employer and the workman should be in existence and dispute should be the result of the contract.
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2. Disputes arising because of (a) rapidly increasing population no opportunities for gainful employment no improvement in the standard of living. (b) the rising unemployment due to rationalisation and setting up of more capital intensive units. 3. The rising prices of essential commodities, their shortages, non-availability, etc. 4. Educated workers aware of their rights and will not put up with injustice. 5. Failure of trade unions because of union rivalry, nonrecognition, compulsory adjudication for wages and working conditions, unstable trade unions and poor 5 leadership.
Profit
Job security Right to manage. Seniority Productivity
Growing indiscipline, frequent law and order problems and political pressures.
Not willing to negotiate Unwillingness to recognise a union. Not giving enough powers to the representatives to negotiate No consultation with employees over employment issues.
3. Government machinery:
Not successful in implementing legislations Irrelevant labour laws No training for conciliation officers.
4. Other causes:
Affiliation of trade unions with political party.
Political instability
Rampant corruption in industry and public life.
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discrimination of workers on the basis of union membership, restraining the employees from exercising their right to organise, join or assist a union, refusal to bargain collectively in good faith with the recognised union, failure to implement an award, settlement or agreement, etc.
4. Recognition disputes because (a) the management dislikes a particular trade union- problem of attitude.
(b) There are several unions making conflicting claims to recognition problem of existence or nonexistence of rules for determining the representative10 union.
Workers suffer:
Loss of wages, debt problems, personal hardship, mental agony, workers are victimised, kidnapped and beaten up. If strike ends unsuccessful will demoralise, disappoint the workers. A strike in public utility services will cause unnecessary hardship to the society. Law and order problems expenses to the government.
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Industrial disputes
Strikes
Lock-out
Gherao
General strike Sympathy strikes Stay away strike Pen down strike Go slow Work to rule Token strike Lightning strike
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