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    Labour Law

    Uploaded by

    Miss Singhaniya
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    © All Rights Reserved
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    RICHTERLICH ACADEMY; (JUNIOR CIVIL JUDGE, APP, TSAPP. CLAT, TSPGLCET, TS LAWCET, UPSC LAW OPTIONAL) LABOUR LAW WRITTEN BY ROMANA ( BA.LLB, LLM, P6D) LAY OFF Section 2 (kkk) of the act defines lay-off. to halt ghee 4 t6tal of basic and deamess allowance. mer, such compensation is conditional compensation end following conditions must be fulfilled: The workman should not be a badli worker. The worker’s name must be there on the muster roll of the establishment. ‘The worker must have worked at least 1 year of continuous service. Continuous service (Section 25B): > Accidents, authorised leaves of absence, illnesses, lawful strikes, locks, and terminations of employment that are not the workers’ fault do not impair the continuity of such service. > There are two exceptions where a worker will still be considered to be in continuous service even though they are not: > if the worker has been employed for the past 12 months as of the date, the calculation is being performed. > if the worker had worked for 190 or more days it if the employee misses at least ong at the company. > if the worker is fired becatisé"their actions are causing other employees to work less efficiently or becaiét of a strike. & & if the employee‘thdicates a desire to decline the alternative employment offered to him, it mést be. ifthe same organisation where he was previously employed. within!a, S-mile radius of the establishment where he belonged, such work is provided in any other establishment run by the same employer. when compared to the work that the employee can do, the employer claims that such employment does not require any prior experience or particular talents. the worker receives the same pay from this job as from his prior one. [FAIR LABOUR PRACTICE > Unfair labour practices are deceitful practices by cither employers or labourers to obtain profits that are prohibited by the statutes, > Unfair labour practices are defined under the Fifth Schedule, Section 2(ra) of the Industrial Dispute Act, 1947, which was added after the Industrial Disputes (Amendment) Act, 1982. > The Fifth Schedule of the Act listed certain Practices which amouft.(0 upfair > The agh}gohete has mentioned the activities which amount to unfair bgt? pe pasties ze The Protos which are prohibited by employers are the following: The employer can not prohibit their employees from joining or establishing any trade union or can not interfere in their work. 2. If an employee joins a union, the employer is not permitted to harass or control them, 3. The employer can not bully an employee for being a part of legal lock-outs or strikes, 4, Imposing any penalty or giving threats to dismiss them from the services. No discrimination or partiality for their workmen’s trade union. Create workmen’s trade unions supported by employers. Refuse to promote a worker because they supported unions. Promoting ineligible workers instead of eligible workers. wren aw Firing any employee on false allegations, and little technical mistakes made by the workers. 10. Assigning work to contractors instead of workmen. 11. Maliciously transferring workers. that permanent workers must receive. 13.Appointment of new workmen when a legal strike i existing workmen. 15,Not avarding the workmen for their wore 16.Creating violence among the workmen. 17. Discriminating agains the cave who reported any false or illegal >"Unfair labour practices are not only done by employers, trade unions also sometimes contribute to unfair labour pra > The Fifth Schedule of the Industrial Dispute Act mentions the following practices which are prohibited for trade unions: 1, Promoting and supporting illegal strikes. 2. Threatening the workers to join trade unions. 3. Prohibiting any worker from entering the workplace who is not participating in illegal strikes. 4. Using criminal force against workers who are not participating in strikes or lockouts that are not permitted as per the provisions of the legislation. 5. Not aiming for workers’ welfare. 6. Refusing collective bargaining as representatives of workmen. 7. Entering the residence of the employers and damaging their personal, property. 8. Encourage the workers to demolish the industrial asset 9. Imposing illegal strikes such as going slow, or eye the 2 employers to fulfil the demands of the worker egy 10. Threatening or harassing the workers who, e age to work. DEFINITION OF TRADE uso DEEINITION OF TRADE UNION Pe In Section 2(h) of the Trade Unionf“Act,"1926, a trade union is defined as “any iduals founded upon mutual trust, combination or association io in understanding and cooper pane It can represent varidtis ‘roups, including workers and employers and is not limited to a pemngtny; it can form for shorter durations. This deficit 3 jelindates the core purposes of a trade union under labour law, ifeguard common interests.” jérkers and employers. © Workers and workers. © Employers and employers. Appointment of the Registrar > Section 2(f) of the Trade Union Act, 1926, provides a definition for the Registrar of Trade Unions, > This individual is appointed by the Appropriate Government under section 3 of the Act and the definition encompasses any Additional or Deputy Registrar of Trade Unions. > Furthermore, a Registrar may be specifically appointed for a particular State where the head or registered office of the Trade Union is located. > Section 3 of the Trade Union Act, 1926, grants authority to the Appropriate Government to designate an individual as the Registrar. > Additionally, the Appropriate Government has the prerogative t0*appoint as many Additional Registrars and Deputy Registrars off Trade'Unions as it deems necessary and these appointees function urider the Supervision of the Registrar within their respective states. > It is important to note that the term “Appropriate Government” in this context refers to both the State and Cefittal. Government. Powers and Functions of Registrar undér Trade Union Act, 1926 1, Power of Registrar to Declinefrade Union Registration © Section 7 of the Mion Act, 1926, confers the Registrar with the authority to, ét the registration of a Trade Union under certain to the Registrar’s attention that the name proposed for registration is either identical or closely resembles that of an existing #7 rae Union, or if the Registrar believes that it may cause confusion or “Gdeceive the public or the Trade Unions involved, registration may be a refused. Im such cases, the Registrar may instruct the applicant to choose a different name before considering the registration. © Additionally, the Registrar has the power to request further information and documents if there are concerns that the Trade Union is not adhering to the provisions of the Act, especially in relation to Section 5 and Section 6 of the Trade Union Act, 1926. 2, Obligation to Register the Trade Union © Section 8 of the Trade Union Act, 1926, imposes an obligation on the Registrar to register a Trade Union if, upon reviewing the registration application, they are satisfied that the Trade Union has complied.with the ay provisions of the Trade Union Act, 1926. prescribed register as outlined in the Act. eo ¥ eS 3. Obligation to Provide Certificate of Trade Unign Registration S cS 1926,plaées a duty upon the Registrar to issue a certificate of regia for Trade Unions that have been registered under seetion 8 8 ofthe ide Union Act, 1926, using a format prescribed within the, Ack Bova registration of the Trade Union under this QThis certificate of registration serves as conclusive proof of Act. FR o 4, Power of Registrar to Revoke or Withdraw Trade Union Registration Section 10%f the Trade Union Act, 1926, grants the Registrar the authority to Tevol ae draw the registration of Trade Unions through various means: “ee AWhen Trade Unions submit an application for verification following the "* escribed procedures outlined in the Act. © When the Registrar becomes aware and is convinced that the registration was obtained through fraud or error. When the Trade Union ceases its operations. © When, even after receiving notice from the Registrar, Trade Unions persist in willfully disobeying or violating any provisions of the Act or enforce rules conflicting with the Act’s provisions. © When the Trade Union revokes any rule mandated under section 6 of the Act. © When the Registrar is satisfied that a Trade Union does not meet the minimum required number of workers, leading to the possibility of registration cancellation. responsibility of facilitating changes 4 Trade Unions when formal appli Unions. © These applications must be, ould also include details regarding the consent for the name change. officially register the dissolution of a Trade Union upon receiving formal notice from the Trade Union itself. © This notice must be endorsed by the Trade Union’s Secretary and seven members of the Trade Union and it should reach the Registrar within 14 days of the dissolution. 7. Power of Registrar to Examine Audited Statements of Trade Unions © Section 28 grants the Registrar the authority to receive annual audited statements that detail all receipts, expenditures, assets and liabilities of registered Trade Unions. © These statements should cover the year ending on or before December 31 and be submitted in the prescribed manner. a © Additionally, Trade Unions are required to send a copy ofa gule changes and a statement indicating any alterations made, firougl out the year to the Registrar. > A trade union in Indiais Tegistered according to the provision of , 26. 1926, aA Seetion 4 of the Trade Unions Act, 1926 provides for the mode or the manner of registration of trade unions. > Section 4 of the Trade Unions Act, 1926 is an important provision with regard to registration of trade unions as it provides the minimum requirement for the registration of a Trade Union in India. > Section 5 of the Trade Unions Act, 1926 provides the manner of application for the registration of trade unions and Section 6 of the Trade Unions Act, 1926 deals with provisions to be contained in the rules of a Trade Union. Mode of Registration Section 4 of the Trade Unions Act, 1926 provides that an application for registration of a Trade Union can done by: > Any seven or more members of a Trade Union by subscribing} their names to the rules of the Trade Union. > According to the Trade Unions (Amendment), Act 2001, an-application for the registration of the Trade Union there has to bet least ten percent or one hundred of the workmen, whicheyer i8yJess, engaged or employed in the establishment or industry with which it is connected. as per provision of the Section 5 df:thé Trade Unions Act, 1926. The application shall be accompanied by ajéopytoF the rules. se of a Trade Union of workmen, it shall information such as the s, occupations and addresses of the place of work of the members of the Trade Union making the application (According to the Trade Unions (Amendment), Act 2001) > The name of the Trade Union and the address of its head office titles, names, ages, addresses and occupations of the office-bearers of the Trade Union. Provisions to be contained in the rules of a Trade Union According to section 6 of the Trade Unions Act, 1926 Trade Union shall establish an executive committee has been established in accordance with the provisions of the Act and the rules shall provide for the following matters: 2 we ene ea . The whole of the objects of the trade union . The whole of the purposes of the general funds of the trade unié The maintenance of ist ofthe members of the trade ung, . The admission of ordinary members and they shally! = fsbns actually . The name of the trade union engaged or employed in ati industry with whic BP trade union is connected . The conditions by which any member shall besentitled to any benefit and tules of fine or forfeiture that may be imposed on the members . The manner in which the rules slial)/béamended, varied or rescinded . The manner in which the md ibéts of the executive and the other office bearers of the Trade Union s be elected and removed $ > ice of the provisions of the Trade Unions Act, 1926, the Registrar 4 Certificate of Registration. WORKS COMMITTEE > Section 3 of the Industrial Dispute Act,1947 provides for the constitution of Works Committees. > The expression Works Committee’ denotes "A committee comprising of representatives from both the parties (for example employer and their employees) to the Dispute. > The appropriate government is empowered to prescribe that, works committee should be constituted in every industrial” establishment employing 100 or more workers. ‘The Purpose of Creating Works Committee works erlzaged i in the establishment so however that the number of, _tepteseltatives of workmen on the Committee shall not be less than the “muniber of representatives of the employer. >? The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). Duties and Funetions of the Works Committee > It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavor to compose any material difference of opinion in respect of such matters. > They are normally concerned with the problems arising jntthe day some agreement also. > But the functions and, the responsibility ha in the first instance endeavor Sane the differences and the final decisions rests with thet ion'as the whole. reastn, Thus defeating the very purpose for which this institution exists in the Industrial law. COLLECTIVE BARGAINING > Collective Bargaining is the most important for determining the terms and conditions of employment. > Members’ lives are protected by this method. > It provides the opportunity to make rules by mutual consent. > The main goal of collective bargaining is to come up with an agreement through a written contract. > Collective bargaining deals with the issues which include working conditions, salaries and compensation, working hours, and benefits. . >There are different types of collective bargaining- composite, concessionary, distributive, integrative, and productivity bargaining. Subject Matter of Collective Bargaining workers and employers, execution of the contract.’ The other issues covered in the collective bargaining are as follows- ‘® Recognition of union or unions, Wages and allowances. © Hours of work, leave and festival holidays. @ Bonus and profit sharing stheines, ; standard labour force. © Seniority, rationalizatiGmandsthe issues relating tothe fixation of workloads are alsé i © The programsic Issues relating'to retrenchment and lay off. lided in subject matter. (of planning and development. subject matter of collective bargaining: © Trade union rights and duties. @ Grievance redressal procedure. © Methods and machinery for the settlement of possible future disputes. Termination clause. Characteristics of Collective Bargaining The main characteristics of collective bargaining are: © Collective Process: Another feature is it is a collective process. Delegates participate on behalf of the employer and trade union represent the employees Both of the party sit together and reach at an acceptable gs application of conclusion. and does not start with negotiations. The process in contract and administration also. The bargaining gobhgn day today under the rules established by labour agreements... pr Vides machinery for continuing relationship between trade ust ga fheagement. Flexible and Mobile: The eae is very ‘ible and there is no specific rule for reaching at the conctsigg Mtge is more scope for compromise. Give and take policy also wofks S before reaching at the conclusion. partite Process: The Pig $s involves two parties. There is no intervention of sey! *Both the parties employer and employees collectively take’sog de decision. It is a two way process. In most of the countries, si pkos&ss leads to conflict between the parties because of ot fic: Collective bargaining is a dynamic process because the way by Gch conclusion is reached keeps on changing every time. It is scientific “and factual process. © Industrial Democracy: The collective bargaining is based on principal of industrial democracy. The trade union represents the workers in negotiations with the employer or employers. It is a joint effort of helping the workers in matters which affect labour. RETRENCHMENT > The term “retrenchment” is defined in Section 2(00) of the Industrial Dispute Act, 1947 (“Act”) as the termination of an employee’s service. > However, it's important to note that retrenchment in Labour Law is distinct from disciplinary action and it does not include the following situations: > © When a worker voluntarily retires. © When a worker retires upon reaching the age of superannuation, provided that the employment contract includes such a pr © When a worker’s service is terminated because the’émiployment contract expires and is not renewed or if the contract ¢gplains a provision for termination in such cases. ion: If an employee voluntarily and willfully resigns from theireb, it is not considered retrenchment in Labour Law, Teaching the age of superannuation, this is not considered “retrenchment. However, this provision must be specified in the employment contract. @ Non-Renewal of Employment Contract: If the employer does not renew the employment contract and as a result, the employee cannot work in the industry, it is not considered retrenchment in Labour Law. Termination Due to Employee’s Ill Health: [f an employee's service is terminated because of ongoing health issues, both physical and mental, it is not classified as retrenchment. Whether the employee is indeed suffering from a continuous illness is determined based on the specific circumstances of the case and can be argued by either party. Reasons for Retrenchment in Labour Law . a > Retrenchment by an employer can be carried out for various reasons, asilong as those reasons are just and legal. Some common reasons for retrenchment in Labour Law igchud © Economic Difficulties: When a company scan challenges or a decline in income, it may resort to retrenchifient40% luce its workforce, © Rationalisation in the Industry: Coipanis often need to make their operations more efficient as they @volve, This can involve structural or Reasons for Retrenchment in Labour Law Retrenchment by an employer can be carried out for various reasons, as long as those reasons are just-and legal. Some common reasons for retrenchment in Labour Law include: Economic Difficulties: When a company faces financial challenges or a decline in income, it may resort to retrenchment to reduce its workforce. @ Rationalisation in the Industry: Companies often need to make their operations more efficient as they evolve. This can involve structural or operational changes and if a department or unit becomes redundant, retrenchment may be used after careful evaluation. © Technological Changes: Industries frequently adopt new technologies to improve efficiency. While this can reduce the need for employees, it may also require retraining. If the new technology makes certain jobs‘obsolete, retrenchment may be necessary. © Failure of Machinery: If a specific industry’s machinery beaks down or fails, retrenchment in Labour Law may be used as a‘fespon: Requirements for a Valid Retrenchment For a retrenchment in Labour Law: “Considered valid, certain conditions outlined in Section 25F:must be met. These conditions apply when an employee has been contitiiotisly employed for at least one year. The prerequisites for a valid retrefichment are as follows: © Notice to Employees?*Ehg einployer must issue a written notice to the workforce at least one’ jmonth before the retrenchment takes effect. This notice should Speeity ‘the grounds for retrenchment and the retrenchment should ony Ocour after providing this notice to the employees. ation: If the employer fails to provide the required notice to the ‘employes, they are liable to pay compensation for this failure. The omipensation should be an amount equal to 15 days’ wages for each ‘completed year of continuous employment or any part thereof exceeding six months. © Notice to Appropriate Authority: The appropriate government or authority must be notified in the prescribed manner, as specified in the official gazette. © Adherence to Notice Regulations: The notice regulations must comply with the provisions of Rule 76 of the Industrial Disputes (Central) Rules, 1957, which govern the notice of retrenchment. CONCILIATION > Conciliation isa process by which discussion between the employes and the employees is kept going through the participation ofa conciitek, > Conciliator plays a pivotal role in bringing round the partieifivived in the disputes and held in resolving difference by mé understand and appreciate the, difficulties of each¢ involved in the dispute in the Industrial field, wr > Asa mediator, his tactful handling of sofugion sometimes saves the $e situation from taking a serious tum. Pa, There are two authorities designed for the;ptdcess of conciliation as follows: Who is the Conciliation Officer? > Accorga Section 4 of the Industrial Disputes Act, 1947 the appro ‘Government may appoint one or more conciliation officers. & ae yitiliation officer may be appointed for a specified area or for HRY specified industries in a specified area or for one or more specified “industries and either permanently or for a limited period. > Under Section 21 of the Indian Penal Code (IPC) a Conciliation officer shall be deemed to be a public servant. > The Conciliation officer is empowered to exercise all quasi-judicial powers of a Civil Court under the Civil Procedure Code, 1908. (CPC) > He is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years’ experience in the iabour department including three years of experience as Conciliation Officer. Powers of Conciliation Officer ‘The Powers and Procedure is laid down in Section 11 of the Industrial Dispute Act, 1947, (iii) Conciliation Officer enjoys the=sa Parties, to appear and produce all the Industrial Dispute Act 1947 which are as follows - (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute without delay investigate the dispute and all matters affecting the merits and right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) Ifa settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer sliall send a report thereof to the appropriate Government or an officer auth behalf by the appropriate Government together with a penta yidum of the settlement signed by the parties to the dispute. Effects of Conciliation Proceedings Under Section 22 of the Act, the Strike and Logkout in a public uility service is prohibited during the conciliation proses Isa settlement arrived at, he is required to send a report along wit wdpy of a memorandum of settlement signed by the parties to the approptiate government, If no settlement is arrived at between the parties theo iljation officer is required to send a full report to the appropriate goverfmentygiving all the circumstances relating to the dispute and the steps take oi to resolve the dispute along with the reasons why the settlement could it (Be arrived at. Section 33 of the Act provides that during the pendens (oF Cotcitiaton proceedings, no employer shall after the conditions of seryiae 8f. i vorkman to his prejudice discharge or punish by dismissal any ait during above proceedings. Duties of Board of Conciliation The duties of the Board of Con: said Act. ation are prescribed under Section 13 of the The Board is required to investigate the report without delay and to induce the parties to the dispute, come to a fair and amicable settlement. If the dispute is settled, the Board has to send a report to the Government along, with a memorandum of the settlement signed by the parties. If not settled, it has to send a report to the Government stating the reasons and recommendations for determination of the dispute. There are only three points of difference between the duties of the Board’and the Conciliation Officer. (j) Proceedings are initiated only before a Board only ora/seference by the appropriate government, (i) When a Board sends a failure report, “thas ‘also inter alia, to send its memorandum for determination of the dispute. (iii) The board has to submit its resort within 2 months instead of 14 days in the case of proceedings before th WARD The judgement 6f.an“Afbitrator is called his Award. Award (Judgement) of Arbitrators under'section 10A is an Award. Definition, of Award - Section 2(b) of the Industrial Dispute Act,1947 defines Aviard.as follows - According to Section 2(b) of the Industrial Disputes Act, 1947 ‘Award’ means an interim or a final determination of any industrial Dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A. Ingredients of Award - To constitute Award under Section 2(b) of the Industrial Dispute Act, 1947 the following ingredients are to be Satisfied - (a) An Award is an interim or final determination of an industrial dispute. (b) It is an Interim or final determination of any question relating td, such dispute. Charge sheet a % A charge sheet, also known as a disciplinaryeharge sheet, is a document used in 6f alleged misconduct or breach of company labour law to inform an employ: icient time to prepare their response. ‘The charge sheet typically includes the following information: Date and time of the alleged misconduct Details of the misconduct, including specific policy or rule that has been breached Evidence or witnesses that will be relied upon in support of the charges The potential consequences of the misconduct, including the possibility of disciplinary action ‘The charge sheet must be issued promptly, and the employee must be informed of their right to a fair hearing. This includes the right to be heard and the right to be represented by a trade union representative or other representative-of their choice. After receiving the charge sheet, the employee must provide-a written response, addressing each of the charges made against them. The response should provide is"and any mitigating a detailed explanation of the employee's version of ev circumstances that may have contributed to the allégedmisconduct. Once both the charge sheet and the empl employer will arrange a disciplinary he: employee with an opportunity tézpresen made against them, or termination, 6f,employment. The employee has the right to appeal the decision jigher authority if they feel that the disciplinary action was unwarratited or unfair. In coficlusion, a charge sheet is a document used in labour law to inform an employee of alleged misconduct or breach of company policies or rules. It sets out the specific charges against the employee and provides them with an opportunity to respond and defend themselves against those charges. The charge sheet must be issued promptly, and the employee must be informed of their right to a fair hearing. The disciplinary process may result in disciplinary action, which can include written warnings, suspension, demotion, or termination of employment. DEFINITI The definition of Industry was under Section 2(j) of the Industrial Dispute Act, 1948 prior to Industrial Relations code, 2020. Section 26) of the ID act, 1948 "Industry" means any bu undertaking, manufacture or calling of employers and includes service, employment, handicraft, or industrial oncupayona ia ’ workmen. > The scope and ambit of Industry were ont gh changing through a catena of judicial pronouncement over sevefal ix des. the major issue was relating to what all comes under thémeaning of the industry. as Ei or an entity falls under the ambit of > The reason is that if an oreo the industry then the IB employers of such one ization. > Thereby, both hi e Sec. 2(j) gives, ~del “ee Supreme Coy ie Bangalore Water Supply and Sewerage Board v. R. i? 1948 applies to the employees and jedy under which they can raise the grievances. n of industry, which was elaborated upon by the Rajappa(il. The term industry has been given a wide scope and the judgment overtilledsseveral earlier decisions. The court held- 1, Any activity will be industry if it fulfills the ‘triple test’, as under: Systematic and organized activity © With the cooperation between Employers and employees For the production and distribution of good and services whether or not capital has been invested for this activity. 2. It is immaterial whether or not there is profit motive or whether or not there is capital. 3. Ifthe organization is a trade or business it does not cease to be one because of philanthropy animating the triple test, cannot be exempted from scope of definition of industry. 4, Dominant nature test ~ whether there is complex of activi Selfless chafitablé-activities carried on through volunteers e.g. free legal or medical Servife. Sovereign functions — strictly understood, i.e., maintenance of law and order, legislative functions and judicial function. These fall into three categories — (a) Those that yield profit, but the profits are not siphoned off for altruistic purposes; (b) Those that make no profit but hire the service of employees as in any other business, but the goods/ services which are the output, are made available at a low or no cost to the indigent poor; and (©) Those that are oriented on a humane mission fulfilled by men wh because they are paid wages, but because they share the passi@i, for and derive job satisfaction ing? within Sec. 2G) when it runs a group of hospitals for purpose of Giving? medical relief to the citizens and for helping to impart medical educStig, The court observed as follows: the help of employees is an ‘undertaking. © It is the character of the activity in question which attracts the provisions of Sec. 2 (j), who conducts the activity and whether it is conducted for profit or not, do not make a material difference. Thus, activities that have no commercial implications, such as hospitals carried on with philanthropic motives would be covered by the expression ‘undertaking’. The mere fact that Government runs such activity is immaterial. In case an activity is industry if carried on by a private person, it would be so, even if carried on by the Government. DISSOLUTION OF TRADE UNION workers and their dissolution‘¢an. significantly impact workers, employers and the wider community. >, Law on Dissolution.of, Section 27 of the/ffade Union Act, 1926 talks about dissolution of trade unions. To dissolve sucha group, it needs to be legally registered as a union. Section 27 ‘Thefea8in for ending doesn't have to be very strong and the members need to fully believe the union can’t continue. The notice has to be signed by at least seven members and the union’s secretary. When the registrar officially registers this notice, the union dissolves from that date. This dissolution of trade union should follow the union’s rules. Section 27 (2) talks about giving the union’s funds to the workers. Ifa trade union dissolves and its rules don’t say how to share the money, the registrar should share the money among the workers in a certain way. The Industrial Relations Code, 2020, also deals with the dissolution of trade union. © Section 49 of the code provides for the dissolution of trade qn mn. According to this section, a trade union can be dissolved by a.xesolution the trade union. Procedure of Dissolution of Trade Union‘: is called dissolution of trade union. @ The process of ending a trade uni This happens when the union, swrstyotking as a group. © The process begins with diybteBY the union members to decide if they want to dissolve the | usiion. édsa“two-thirds majority vote in a meeting of all the © This decision neédsza NO members. Decidifig,ipend a trae union is often hard and it can lead to a lot of tale nd thinking among the members. ®y 5 © This must happen within a specific time, usually about 2 weeks, after the decision to end. The message should explain why they want to end, the date they decided and when they plan to dissolve. © Then, they need to count all the things the union has, like money and property and everything the union owes, like debts or promises to workers or others. © This is really important, because if they don’t do it right, they could have legal problems and lose money. © After that, the union has to make a plan for what to do with all their things, © They might give them to another group, like another trade union or a charity or they might give things to their members or workers. ¢ It’s really important that this is done fairly and follows the law. paying off debs, they need 10 Tid of it following the union’s rules. reps about how they dissolved of trade union © This usually? happen within 3 months after the dissolution of the trade unio © The-report should talk about why they ended, how they did it and what they.did' with their things and debts. sSolution of a trade union is a hard process that needs careful planning ‘and doing things the right way. © They have to follow the law and make sure members and workers are treated fairly. ® When a trade union dissolves, it affects workers, employers and the community a lot. So, it’s really important to do it with honesty, care and fairness. Voluntary Arbitration under Section 10 -A: > Industrial Disputes Act, 1947 is the only legislation that allows arbitration in the realm of labour law. > Section 10-A has been added to The Industrial Disputes Act, 1947 by way of the amendment of 1956, providing for the referent industrial dispute to Voluntary Arbitration, which is statedéin th "Voluntary Reference of Disputes to Arbitration". > When any of the adjudicating authorities Disputes Act, 1947 Parties maj which is obligatory and follow? iy sign an arbitration agreement arbitral procedure at any time before the dispute is referred t iGation under Section 10 or to a Labour Court, Tribunal or Na Tribunal. > The dispute is sseferred to the parties’ a neutral third party/parties thereby acceptable dispute to act as arbitrators for their case (including the fficer of the Labour Court, Tribunal or National Tribunal) as ecified in the agreement. maybe oe > ae ‘ables, before a reference may be made to the arbitrator, four -Aeonditions must be met: . Industrial Disputes must exist or be apprehended Nv The agreement made by the parties must be in writing; » . Under Section 10-A, the reference must be made before a dispute has been referred to a labour court, tribunal or national tribunal; 4, The name of the arbitrator(s) must be specified. Voluntary Arbitration takes mainly two forms: 1. Pre-Dispute Arbitration: There must be a contract between the parties before the dispute arises through an arbitration clause. 2. Post-Dispute Arbitratio: There may not be an arbitration clause beforehand, but the parties may énter into an agreement after the dispute arises to resolve the dispute through arbitration. Why Is Voluntary Arbitration Important? The importance of Voluntary Arbitration can b of the following pointers: ‘The award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of the Act. © As per Section 10 - A (3) and 10 - A (-A) of the Industrial Disputes Act, 1947, a copy of the arbitration agreement has to be forwarded to the ‘Appropriate Government’ and the Conciliation Officer and the former shall within one month from the date of receipt of such a copy publish the same in the Official Gazette and if the government is satisfied that the parties, who have signed the agreement for arbitration, represent the majority of each party, the Appropriate Government shall issue a notification in such a manner as may. be prescribed. Note: 4 Where any such notification has been issued, the employer and workmeti who ‘. - oy are not parties to the arbitration agreement, but are concerned insthe%dispute, As per Section 10 - A (4) and section 10 - Ai (4-A) investigate the dispute and submit the Arbitron, 3Ward signed by them to the Government. Under sub-section (4-A) where @ indisral dispute has been referred for arbitration and notification has thee issued under sub-section (3-A), the Indigtrial tribunal) which thereby becomes enforceable and is binding on all e parties to the agreement and all other parties summoned to appear in the proceedings as parties to dispute. If the arbitration agreement is not notified in the Official Gazette under Section 10-A, then it is only applicable to the parties who have agreed to refer the dispute for arbitration. Voluntary Arbitration In Reiation To Its Jurisdiction: The jurisdiction of the arbitrators is derived from the agreement of the parties under Section 10-A when an arbitrator is ‘appointed by the parties. An arbitrator(s) act beyond the jurisdiction when they decide a matter not referred to them by the parties. Define ute’, whén an individual dispute becom: industrial dispute. i Di industi and workmen, which is connected svith employment or non-employment of the terms of employmetitor the conditions of work of ;) Has certain requirements/needs e.g., economic needs, social needé;-secirity requirements. ° 1ot met, there arises a conflict between the collective disputes Widual disputes may be disputes such as reinstatement, oipensation for wrong termination etc. isputes relating to wages, bonus, profit sharing hours of work etc. are “collective disputes. ‘Causes of Industrial Disputes: The common causes of industrial disputes are as follows: Psychological Causes: (i) Authoritarian leadership (nature of administration). (ii) Clash of personalities. (ii) Difficulty in adjusting in given conditions or with each other (employee and employer). (iv) Strict discipline. (iii) Unfair conditions and prftctice bad @ Terms.andheonditions of employment. (More Work hours. g € Di) Working in night shifts. (iii) Disputes on promotions, layoff, retrenchment and dismissal etc. (b) Working conditions. (@ Working conditions such as too hot, too cold, dusty, noisy etc. (ii) Improper plant and workplace layout. (iii) Frequent product design changes etc. (©) Wages and other benefits. (i Inadequate wages. (ii) Poor fringe benefits. (iii) No bonus or other incentives etc. ! Results of Industrial Disputes: é ‘The following are the types of strikes: (a) Economic Strike: Most of the strikes of workers are for more facilities and increase in wage levels, In an economic strike, the labourers generally demand an increase in wages, leave travel allowance, house rent allowance, dearness allowance etc. (b) Sympathetic Strike: ‘When workers of one industry go on strike in sympathy with the he fers strike. (© Stay in Strike: In this case, workers do not absent themsefes when they are on strike. They keep cogohyh roanson fs facilities but on may decide to boycott the company by not using its Such an appeal may also be made to the public in general. (iii) 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. (iv) Gheraos: In gherao workers force the employer to remain confined in their office for a considerably long period so as to press for their demands. (¥) Lockout: ‘An employer may close the place of employment.temiporarily for those workers who are on strike, Such a step is technigally. Known as Lockout. It is the reverse of a strike and is a very powerful weapon in the hands of staptovment from those employers. An individual dispute becomes an industrial dispute when it involves a group of, workers or employees who share common grievances or complaints. The dispute may arise from a variety of issues, including wages, hours of work, working conditions, job security, benefits, or disciplinary action taken by the employer. When a dispute affects a group of employees, it is more likely to escalate into an industrial dispute as the workers may seck to take collective action to address their concerns. Tn labour law, an industrial dispute is defined as any dispute or difference between employers and employees or between groups of employees that relates to employment terms and conditions. The dispute may arise from a variety of issues, including wages, hours of work, working conditions, job sééurity, benefits, or disciplinary action taken by the employer. When an individual dispute becomes an industrial dispute, it shay’be teferred to a conciliation or mediation process to try and resolyg tite “issue through to an industrial tribunal or court for adjudicatiéa. The tribunal or court will consider the evidence presented by both parti@@'and thiake a ruling or award that 1 background of the Trade Union Movemer ‘The trade union movement has a rich historical background that can be traced back to the early 19th century in Europe. During this period, the Industrial Revolution brought about significant changes in the workplace, leading to poor working conditions, low wages, and long working hours. Workers began to unite and form associations to demand better working conditions, which marked the beginning of the trade union movement. The first recorded trade union in history was the Friendly Society of Tronfounders in England, which was founded in 1809. This was followed by the formation of other trade unions in various industries, such as the Amalgamated Society of Engineers in 1851, the National Union of Mineworkers in 1860, and the General and Municipal Workers’ Union in 1889. These organizaions aimed to promote international cooperation among trade ‘unions ai improve the working conditions of workers around the world. with the formation of new unions and the adoption of new strategies and tactics. The trade union movement played a significant role in social and political movements, such as the civil rights movement, the women’s rights movement, and the anti-apartheid movement. Tn conclusion, the trade union movement has a rich historical background that dates back to the early 19th century. The movement grew out of the need for workers to unite and demand better working conditions, and it has since evolved to become a significant force for social and political change. The trade union movement has faced significant opposition and challenges throughout history, but it has persevered and continued to fight for the rights and interests of workers around the world. : Define Retrenchment and explain the procedurecto be followed and SP compensation to he paid at the time of retrenchiménit-of workman o 4% Retrenchment is a form of termination of employment where an employer aa Vee , reduces the size of their workforce due,to vatious reasons, such as economic slowdown, restructuring, or closure of'@,business. Retrenchment can be carried out in a fair and legal manner by following certain procedures as per the labor laws of the country. In general, the procedure’ KE. steps: to Begetrenched. Consultation: The employer must consult with the employees or their trade unions regarding the retrenchment and explore other options, such as redeployment or retraining, before carrying out the retrenchment. Selection Criteri ‘The employer must establish objective and fair criteria for selecting the employees to be retrenched, such as seniority, skills, and performance. Payment of Severance: The employer must pay a severance package ot retrenchment compensation to the employees who are retrenched. The amount of compensation may vary depending on the country and the length of service of the employee. * In most countries, the labor laws mandate the payment of:€orhpehsation or : vo severance to the affected employees in case of retrenchffient: The amount of compensation varies depending on the country and thé'lengtli of service of the employee. For example, in India, the Industrial Disputes Act, 1947, mandates the payment of compensation to the retrencliéd:employees. The compensation amount is calculated as follows: It is essential

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