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Industrial Disputes and Factory Act Newwww
Industrial Disputes and Factory Act Newwww
Industrial Disputes and Factory Act Newwww
Which are regulated by the state with organized social forces. The interested group in industrial relations are: Workers and their organizations Managers and their organizations The Government Each group has different interests and priorities.
It was enacted to make provisions for investigation and settlement of industrial disputes and for providing certain safeguards to the workers. The Act contains 40 sections.
To make provision for the investigation and settlement of industrial disputes. To encourage collective bargaining. Prevention of illegal strikes and lock-outs . Compensation for lay-off and retrenchment of workmen. Prevention of unfair labor practices.
Sec.2(aaa).
This clause lays down the manner of calculating the average pay for the purpose of payment of compensation at the time of retrenchment of a workman. 3 different ways of Average Pay - Monthly Paid Workmen - Weekly Paid workmen - Daily Paid Workmen
Sec 2(s) Workman means any person including an apprentice employed in any industry to do any manual skilled, unskilled, technical, operational, clerical or supervisory work for hire or reward.
Sec 2(j).
Industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen.
Sec 2(k) It means any dispute or difference between employers and employers employers and workmen, workmen and workmen, which is connected with the employment or non employment the terms and conditions of employment the conditions of labor, of any person
Individual Dispute Any dispute between workman and his employer arising out of discharge, dismissal, retrenchment or termination. Collective Dispute Any dispute relating to a) Wages, bonus, profit sharing, gratuity or allowance. b) Hours of work, leave with wages, holidays. c) Rules of discipline, closure of establishment.
CAUSES OF DISPUTES
FINANCIAL CAUSES
NON-FINANCIAL CAUSES
STRIKES: A concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment TYPES OF STRIKE Stay-in, sit-down, pen-down or tool-down strike Go-slow Sympathetic Strike Hunger Strike Work-to-rule
When an employee is not given work due to some reason beyond the power of the employer. It means failure, refusal, inability of the employer to give employment due to the following reasons
If an employer shuts down his place of business because of coercion or exerting pressure on the employees there would be a lock out. WHEN LOCK- OUT CONSTITUTE -Temporary closure of the place of employment or Suspension of work. -Refusal to continue to employ any number of person.
Termination by the employer of the service of a workman. Retrenchment means discharge of surplus labor or staff by employer. It is not by way of punishment. The retrenchment should be on basis of last in first out basis in respect of each category . It does not include Voluntary retirement of a workman. Retirement of a workman. Termination of workman due to continued ill health.
The employer does not merely close down the place of business, but he closes business itself When an employer shuts down his work because he cannot, for instance he cannot get the raw material or because he is unable to sell the goods then there would be a closure.
It means encirclement of the manager to criminally intimidate him to accept the demands of the workers. It amounts to criminal conspiracy under section 120-A AWARD [Sec 2(d)] its an interim or final determination of an industrial dispute or any question relating thereto and by a Labor Court, National Tribunal etc.
Settlement means a settlement arrived at in the course of conciliation proceedings. It includes a written agreement between employer and workmen arrived at , otherwise than in course of conciliation proceedings.
Manufacturing process [sec 2(k)] Any making , altering , repairing , ornamenting , finishing , packing , oiling , washing , cleaning etc... Preserving or storing any article in cold storage. Power [sec 2(g)] Mechanical or electrical energy transmitted as a step or aids to carry out manufacture and not energy generated by human or animal agency .
Cleanliness(section 11) Disposal of wastes and effluents(section 12) Ventilation and temperature (section 13) Dust and fumes (section 14) Artificial Humidification (section 15) Overcrowding(section 16) Lighting (section 17) Drinking water(section 18) Latrines and urinals(section19) Spittoons(section20)
Washing facilities (Section 42) Sitting Facilities (Section 44) First Aid appliances (Section 45)
Weekly hours (sec 51)- no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. Daily hours (sec 54)- no adult worker shall be required or allowed to work in a factory for more than 9 hours in any day and 40 hours in a week.
Depend upon the nature of work. The numbers of work in each group. Section 61(5) For each group, which is not required to work on a system of shift the manager of the factory shall fix the period during which the group may be required to work.
Section 62 Register shall show: The name of each adult worker in a factory The nature of his work The group in which he is included The place or spot where he is group works on shift.
Fencing of Machinery (Section 21) Work on or near Machinery in motion (Section 22) Employment of Young persons on Dangerous machines (Section 23) Self-acting Machines (Section 25) Casing of new machinery (Section 26) Prohibition of Employment of Women and Children near Cotton openers (Section27) Hoists and lifts (Section28) Lifting machine, chains, and ropes and lifting tackles (Section29) Revolving machinery (Section 30)
(Section 111A inserted by 1987 Amendment Act) A worker shall have the right to: Obtain information from occupier relating to workers health and safety at work. Get trained in factory or at a training Centre. Represent to the inspector, directly or otherwise, the matter of inadequacy of health or safety in a factory.