Professional Documents
Culture Documents
METHODS &
MACHINERY
M140039MS Ajay Ram K P
What is an Industrial Dispute?
Strikes
Lockouts
Code of Dispute
Discipline Settlement
Conciliation
Grievance
Procedure Adjudication
Consultative
Machinery
Collective Bargaining
The final outcome of bargaining may also depend upon the art,
skill and dexterity of displaying the strength by the
representatives of one party to the other.
Code of Discipline
Strike is one of the oldest and the most effective weapons of labor in its
struggle with capital for securing economic justice.
Strike has been defined in Section 2 (q) of the Industrial Disputes Act as
—
“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.”
Two main ingredients of strike are
Cessation of Work
Concerted Action
Lockout
s
Section 2(1) of the Industrial Disputes Act, 1947 defines “Lock-out” as
the closing of a place of business of employment or the suspension of
work, or the refusal by an employer to continue to employ any number
of persons employed by him.
It is declared by employers to put pressure on their workers. It is
counterpart of a strike.
Lockout may happen for several reasons. When only part of a trade
union votes to strike, the purpose of a lockout is to put pressure on a
union by reducing the number of members who are able to work.
Every employer has the option to lock out workers, if – a dispute has
been referred to a council or the Commission for Conciliation, Mediation
and Arbitration (CCMA); a certificate that a dispute remains unresolved
has been issued; 30 days have elapsed since the referral; and
Lockout
s
II ) 48 hours’ written notice of a strike is given to
a. the employer; or
b. a council (if the dispute relates to a collective agreement to be
concluded in a council); or
c. to an employers’ organization (if the employer is a member of
an
organization that is a party to the dispute); or
III) 48 hours’ written notice of a lockout is given to
a. the trade union; or
b. to the workers (if they are not trade union members); or
c. a council (if the dispute relates to a collective agreement to be
concluded in a council)
Layoff
s
Layoff implies temporary removal of an employee from the payroll of the
organization due to circumstances beyond the control of the employer.
It may last for an indefinite period. But the employee is not terminated
permanently and is expected to be called back in future. The employer
employee relationship does not come to an end but is merely suspended
during the period of layoff. It is temporary denial of employment.
The purpose of layoff is to reduce the financial burden on the
organization when the human resources cannot be utilized profitably.
Layoff
s
Under Section 2(KKK) of the Industrial Disputes Act, 1947, layoff is
defined as “the failure, refusal or inability of an employer, on account of
shortage of coal, power or raw materials or accumulation of stocks or
breakdown of machinery or by any other reason, to give employment to a
workman whose name appears on the muster rolls of his industrial
establishment and who has not been retrenched”.
Layoff is restored in cyclical and seasonal industries. In mines workers
are laid off due to excess of inflammable gas, flood, fire and explosion.
Retrenchment