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INDUSTRIAL DISPUTES

Any dispute or difference between employer and employer or between employer 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
Sec. 2 of A.MOHAMMED IMRAN the Industrial B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com Disputes Act, 1947

ILO remarks
labour is not a commodity to be sold and pass. labour is a human being .

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Industrial disputes are symptoms of industrial unrest in the same way that boils are a symptom of a disordered body (Patterson)

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Industrial disputes are menace - manhandling - Violent tendencies - kidnap children of executives. such a state of affairs leads to grave of individuals and social dislocation .

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

ECONOMIC

CAUSES OF INDUSTRIAL DISPUTES

NONECONOMIC

Wages, bonus, allowances, and conditions for work, working hours, leave and holidays without pay, unjust layoffs and retrenchments

victimization of workers, ill treatment by staff members, sympathetic strikes, political factors, indiscipline
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

INDUSTRIAL DISPUTES

Weapons of labour

Weapons of MGT

strikes

boycott

Employers association

Lock out

picketing

gherao

termination

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Collective Bargaining is the process of negotiating between the representatives of the organized workers / employees and representatives of their employer usually for the purposes of determining wages, working hours and working conditions.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Negotiation

Collective Bargaining

Conciliation & Mediation

Procedures for Settling Industrial Disputes


Arbitration Grievance Procedure Adjudication
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

STRIKE
A strike is a very powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

STRIKE
"strike" means a 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

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Causes of strikes
Dissatisfaction with company policy Salary and incentive problems Increment not up to the mark Wrongful discharge or dismissal of workmen Withdrawal of any concession or privilege Hours of work and rest intervals Leaves with wages and holidays Bonus, profit sharing, Provident fund and gratuity Retrenchment of workmen and closure establishment Dispute connected with minimum wages
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

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TYPES OF STRIKE
Economic Strike Sympathetic Strike General Strike Sit down Strike Slow Down Strike Sick-out (or sick-in) Wild cat strikes
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Strike / lock-out illegal if


it is commenced or declared in contravention of section Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board the continuance of such strike or lock-out shall not be deemed to be illegal
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Industrial Peace
Cordial industrial relations bring harmony & remove causes of disputes which leads to industrial peace which is necessary for productivity and growth.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A proper development of industrial peace demands


Peace , harmony and efficiency cannot achieved by command . A remarkable respect for peaceful labour relations full production and stable economy. The recognition by both labour; and union without government intervention.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Ways of achieving industrial peace


Nurturing a healthy industrial climate - managing various government. political parties, community and society should also play a decision role in improving, existing industrial relations by :
placing moral emphasis Mutual negotiation Voluntary arbitration
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Cont.
Management ,unions cooperation- good progress. Ensuring psychological satisfaction. All benefits to employees. Effective utilization of all resources. Speedy settlement of grievances Workers education program Healthy and stable trade union Proper revision of wages Good working conditions, etc..
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Collective Bargaining
Good industrial relations are extremely helpful for entering into long-term agreements as regards various issues between Labour and Management.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

The preventive machinery has been set up with a view to creating harmonious relations between labour and management so that disputes do not arise. It comprises the following measures: a) Schemes of workers participation in management such as works committees, joint management councils and shop councils and joint councils. b) Collective bargaining. c) Tripartite bodies d) Code of discipline. e) Standing orders.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Arbitration Conciliation Mediation Negotiation Collaborative law Conflict resolution Dispute resolution Lawyer supported mediation Party-directed mediation Restorative justice

GOVERNMENT MACHINERY TO RESOLVE INDUSTRIAL DISPUTES

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Arbitration
Arbitration, is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards Arbitration is not the same as:
judicial proceedings, although in some jurisdictions, court proceedings are sometimes referred as arbitrations alternative dispute resolution expert dete
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Conciliation
The practice by which the services of a neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator. - International Labour Organisation
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Conciliation
Conciliation is process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation is a process in which parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach a resolution by agreement. The process is strictly confidential between the parties.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

The conciliator assists the parties to dispute in their negotiations by removing bottlenecks in communication between them. Conciliation machinery as provided under the Industrial Disputes Act, 1947is as under:
Conciliation Officers Board of Conciliation. Court of Inquiry.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Advantages
encourages people to clarify their positions, take responsibility and to behave generously; a range of issues can be put on the table to be dealt with, some of which may not have been part of the presenting problem; emotional dynamics are acknowledged and dealt with; recognises power relationships and the parties' differing approaches to the world; future oriented - works towards solutions; A.MOHAMMED IMRAN encourages people to move ahead;
B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

parties own the solutions - they are not imposed; confidential - the matter is kept contained; relatively prompt in contrast to a formal complaint; escalation of complaint may be avoided; minimal written records; no winners and losers, although there may be compromises.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Adjudication may be described as process which involves intervention in the dispute by a third party appointed by the government, with or without the consent of the parties to the dispute, for the purpose of settling the dispute.

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

The Industrial Disputes Act, 1947 provides a three-tier adjudication machinery comprising (i) Labour Courts, (ii) Industrial Tribunals, and (iii) National Tribunals

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Salient features of IR
There are four important parties namely employees, employer, trade unions and government The sound IR contributes to the organizational goals. The unsound IR result in industrial conflicts demanding for change and reformulation of HRM objectives and goals Employees contact even the top management as a group. Collective bargaining and forms of industrial conflicts are resorted to solve the problems Industrial relations are governed by the system of rules and regulations concerning work, workplace and working community.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

The main purpose is to maintain harmonious relations between employees and employer by solving their problems through grievance procedure and collective bargaining. Trade Unions is another important institution in the Industrial relations. Trade unions influence and shape the industrial relations through collective bargaining. Industrial relations are the relations mainly between employees and employers. These relations emphasis on accommodating other parties interest, values and needs. Parties develop skills of adjusting to and cooperating with each other. A.MOHAMMED IMRAN
B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

CASES

A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

History of Honda motors company


It is perhaps best known as an automaker. Third largest automaker in Japan and is the world's top motorcycle manufacturer.

Its best market is in the United States, where the majority of its sales are generated.
In 1949 Fujisawa provided the capital, as well as financial and marketing strategies, to start the new company.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

In 1950, Honda stunned the engineering world by doubling the horsepower of the conventional fourstroke engine. By 1951 demand was brisk, yet production was slow. By 1954 Honda had achieved a 15 percent share of the motorcycle market.

In 1967 Honda diversified and also began to produce cars and trucks.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Reasons For Unrest In Honda


Although 50 percent of these workers have worked in the plant for more than six to seven years, they are not offered permanent contracts. There is a huge wage difference: after six to seven years a permanent worker will receive up to 30,000 Rupees per month while a worker hired through a contractor gets between 2,200 and 6,200 Rupees. Most workers have all kinds of trouble because they do not receive a company card, which is necessary for dealing with authorities (e.g., when applying for medical care or other benefits). They are not enrolled in the register, which means that they will not receive PF or ESI.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

Casual/workers (see glossary) hired through contractors are not given work periodically as production targets change. When that happens, Rs 500 is cut from their monthly wage. There have been cases of physical harassment of the workers hired through contractors by supervisors and managers of Hero Honda.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

A 30 percent hike in wages of casual workers. Workers hired through contractors used to get Rs 4,000-4,500 a month for an 8 hour shift. That will now be Rs 5,500. In comparison, ITI graduates (skilled workers hired through contractors) get Rs 6,500. Besides this 30 percent hike, there will be no difference in dress colour between helpers and ITI graduates. The initial demand to abolish the different uniforms for permanents and temps has not been met. The wage of the contract workers will go into a bank and they will have ATM accounts. They too will get a A.MOHAMMED IMRAN gift annually. B.TECH.,MBA,PGDPMIR,M.COM
9865938211 imranakbar85@gmail.com

Workers Demand

Recent industrial disputes in India


Tata Motors has decided to move its Nano factory out of Singur after violent protests by farmers, this isn't the first time that there has been a standoff between industry and farmers unwilling to surrender land. Goa, famous for its beaches and tourist industry, in January dropped plans to build special economic zones for industry after protests from political and environmental groups
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

In August, the Supreme Court gave South Korean steel firm POSCO the use of large swathes of forestland in Orissa for a $12-billion plant that protesting farmers said would displace thousands of people. The protests delayed the start of construction on the plant, which could be India's single biggest foreign investment to date. In the same month, the Supreme Court allowed Vedanta Resources to mine bauxite in hills considered sacred by tribal people in Orissa. The mining would feed an alumina refinery, part of an $800-million project that has been widely opposed. Environmentalists say the open-cast mine will wreck the rich biodiversity of the remote hills and disrupt key water sources vital for farming.
A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com

http://www.advocatekhoj.com/library/bareac ts/industrial/12.php?Title=Industrial%20Dispu tes%20Act,%201947&STitle=Duties%20of%20 conciliation%20officers http://www.psnacet.edu.in/courses/MBA/HR M/23.pdf http://www.slideshare.net/sumit88mit/preve ntion-of-industrial-disputes


A.MOHAMMED IMRAN B.TECH.,MBA,PGDPMIR,M.COM 9865938211 imranakbar85@gmail.com