STRIKES AND LOCKOUT

Presented by: Sukanya and Salman

WHAT IS STRIKE?

Strike is defined in Section 2(q) of the Industrial Disputes Act: strike means any 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, of any number of persons who are or have been so employed to continue to work or to accept employment

ESSENTIALS OF STRIKE:

There must be cessation of work. The cessation of work must be by a body of persons employed in any industry. The strikers must be acting in combination. The strikers must be working in any establishment which can be called industry within the meaning of sec 2 (j). They must stop working for some demands relating to employment, non employment or the terms of employment or working conditions.

TYPES OF STRIKE:
Primary strikes: these are generally aimed against the employer with whom the dispute exists. E.g.. stay-away, stay-in, sit-down, pen-down or tools-down strike etc. Secondary strikes: in these the strike is against some third person who has some good trade relations with the primary employer which are severed and the employer incurs loss due to that. This kind of strike is not popular in India

TYPES OF PRIMARY STRIKE:

Stay away strike: workmen do not come to the workplace during the prescribed working hour instead they organize rallies and demonstrations to draw the attention of the employer to their grievances. Sit down strike: the employees or others interested in attaining their objectives take possession of the property of the business, establish themselves in the plant, stop the production and refuse access to the owners or to others desiring to work. Stay in strike: it develops when the demands of the workers on the strike day are not fulfilled and they keep on continuing with the sit down strike and do not leave the plant.

CONTD
Tools down or pen down strike: the strikers lay down their tools or pen and refrain from doing work though they remain in the workplace. Token or protest strike: it is a very short duration strike with the purpose of informing the employer about the feelings of the employees against the decision taken by him. Lightning or cat call strike: this type of strike is suddenly announced without notice or at a very short notice.

CONTD.
Go- slow: the workers intentionally reduce the speed of the work in order to reduce the production of the factory. Picketing and boycott: its an act of posting pickets and implies marching and patrolling of workmen in front of the factory premise for the purpose of preventing others from entering the premise. Gherao: physical blockade of a target by encirclement intended to block the transportation to and from the target place.

CONTD
Hunger strike: the basic purpose of it is to gain sympathy and to attract attention of the public. Sympathetic strike: the striking employees join the strike with the purpose of supporting others in their cause.

WHAT IS LOCKOUT?

Section 2(1) of the Industrial Disputes Act defines Lockout as the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him

ESSENTIALS OF LOCKOUT:
Temporary closing of place of employment. An element of demand for which the industry is locked out, must be there. Intention to reopen or take back the workers if they comply with the demands. The establishment should be an industry within sec 2 (j).

DISTINCTION BETWEEN STRIKE AND LOCKOUT:

Strike is a weapon available to the employees for enforcing their industrial demands. Lockout is a weapon available to the employer to persuade by a coercive force the employees to accept his demands. Lockout is the antithesis of strike. In retaliation to strike, there are lockouts.

WHEN DOES A STRIKE BECOME ILLEGAL?

Sec 22 of the Industrial Disputes Act lays down certain rules for going in for a strike in public utility services. If that is not followed it will amount to an illegal strike. Issue of notice of strike is mandatory. The date of strike must be within six weeks from the date of issue of strike notice. The day of strike must not be within 14 days from the date of notice. There can be no strike on any day before the date specified in the notice. There can be no strike during the pendency of conciliation proceedings and 7 days after the conclusion of said proceeding.

CONTD

Section 23 of Industrial Disputes Act provides rules for workman employed in any industrial establishment. There can be no strike: During the pendency of conciliation proceedings before a board and 7 days after the conclusion of such proceeding. During the pendency of proceedings before a labour court, tribunal or national tribunal and 2 months after conclusion of such proceeding. During the pendency of arbitration proceedings before an arbitrator and 2 months after the conclusion of such proceeding, where a notification has been issued under sub section 3-A of sec 10-A. During any period in which a settlement or award is in operation, in respect of any matters covered by the settlement or award.

WHEN DOES A LOCKOUT BECOME ILLEGAL?

Section 22 of the said act lays down the same rules for being a lockout as illegal in Public Utility Services as it lays down for illegal strikes. Section 23 also provides the same rules for lockouts in any industrial establishment as it lays down for illegal strikes under this provision. Sec 24 (3) of the act provides that a lockout declared in consequence of an illegal strike or a strike declared in consequence of an illegal lockout shall not be deemed to be illegal

WHAT ARE THE UNFAIR LABOUR PRACTICES UNDER TRADE UNIONS ACT, 1926?

Advise or actively support or instigate any strike which is illegal. Picketing in such a manner that non- striking workmen are physically debarred from entering the workplace. Indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against nonstriking workmen and managerial staff. Recognized union refusing to bargain collectively in good faith with the employer. stage demonstrations at the residence of the employers. incite or indulge in willful damage to employers property connected with the industry.

PENALTIES UNDER INDUSTRIAL DISPUTES ACT:

Penalty for illegal strike and lockout:

any workman taking part in an illegal strike shall be punishable with imprisonment for 1 month or with fine of rs 50 or with both. Any employer taking part in an illegal lockout shall be punishable with imprisonment for 1 month or with fine of rs 1000 or with both. Any person who instigates for an illegal strike or lockout shall be punishable with an imprisonment of 6 months or fine of rs 1000 or both.

Penalty for instigation:

CONTD..
Penalty for giving financial aid to illegal strike or lockout:

Any person who knowingly expends any money in support of an illegal strike or lockout shall be punishable with an imprisonment of 6 months or rs 1000 fine or both.

WHETHER RIGHT TO STRIKE IS AVAILABLE TO GOVERNMENT EMPLOYEES?

Fundamental right: The government employees has no fundamental right to resort to strike. This has been asserted in a number of cases as follows: Radhey Shyam Sharma v Post Master General: the court held that a perusal of article 19(1) of the constitution shows that there is no fundamental right to strike. Statutory Right: There is no statutory provision empowering the employees to go on a strike.

HR MANAGERS ROLE IN PREVENTION OF STRIKE:

the hr manager should adopt well defined, precise and clear hr policies to maintain good industrial relation in the organization. Effective administration and timely implementation of these policies should be ensured. An effective two way communication system should be there which will negate any misunderstanding among the workers and will create a climate of goodwill and faith in the organization.

CONTD
Just and humane conditions of work should be provided by the hr manager. Welfare activities for the benefit of workers and close personal contacts with employees at all levels should be done. Suitable and speedy grievance redressal procedure for the management of workers problems should be adopted. Recognition to representative union should be there and joint consultation at different levels and collective bargaining should be encouraged.

ROLE OF HR MANAGER WHEN THERE IS A STRIKE:

The hr manager should come up with a strike action plan. It sets out the steps on hoe the organization will deal with the striking employees. He should make a strike contingency plan which sets out the practical guidelines on how will the organization continue its operations during the period of strike. A strike team should be formed by the hr manager who will negotiate with the employee representatives and try to bring the strike to an end quickly.

THANK YOU.