Industrial disputes
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This document discusses industrial disputes and their settlement. It defines an industrial dispute as any disagreement between employers and employees related to employment terms or conditions. Common causes of disputes include wage demands, unfair labor practices, political interference, and union rivalry. Disputes can be settled through collective bargaining between unions and management, grievance procedures, arbitration, conciliation, adjudication by labor courts, and consultative machinery at various levels.
Industrial disputes
- 1. INDUSTRIAL DISPUTES PRESENTED BY: AKASH SHARMA MBA
- 2. OVERVIEW DEFINITION OF INDUSTRIAL DISPUTE CAUSES OF INDUSTRIAL DISPUTE SETTLEMENT OF INDUSTRIAL DISPUTE
- 3. DEFINITION The industrial dispute means any dispute or difference between employers, employers and Workmen or Workmen and workmen, which is connected with the employment or non employment or terms of employment or with the conditions of labour of any person.
- 4. CAUSES OF DISPUTES 1) WAGE DEMANDS The demand for wages has never been fully met because of inflation and high cost of living. High inflation results in increased cost of living resulting in never ending demands from unions. 2) UNFAIR LABOUR PRACTICES It is an unfair act or omission at the workplace, involving: unfair conduct of an employer relating to the promotion or demotion of an employee. Unfair conduct relating to the provision of training of an employee.
- 5. 3) POLITICAL INTERFERENCE Major trade unions are affiliated to political parties. A cursory assessment of labour movements around the world would show that trade unions are, by their very nature, political, and that politicisation of labour is the rule rather than exception. Trade unions have been compelled to engage in political action to obtain enough freedom from legal restraint to exercise their main industrial functions. Freedom of association, the right to strike, the prevention of undue influence in their internal affairs, are familiar objectives which have demanded the use of political methods.
- 6. 4) UNION RIVALRY Multiplicity of unions leads to inter-unions rivalries. The company had 445 strikes in 1990-91 resulting in a loss of production of 3.12 million tonnes and 34.19 lakh man-days. The reason is union rivalry. One union or the other is always on strike and often the demands of rival unions on an issue are conflicting.
- 7. 5) MULTIPLICITY OF LABOUR LAWS Labour laws have been enacted to create conditions for the protection of labour from unfair employment practices and to provide a legal framework within which Industrial relation is to be regulated. Labour legislation is regarded as the most dynamic institution. In 1881, labour legislation in our country has become an important agency of the state for the regulation of working and living conditions of workers, as indicated by the rising number and variety of labour acts.
- 8. SETTLEMENT OF DISPUTES 1) COLLECTIVE BARGAINING It occurs when representatives of a labour union meet management representatives to determine employees wages and benefits, to create or revise work rules, and to resolve disputes or violations of the labour contract. It has two facets: Negotiating the work conditions that become the collective agreement describing employer-employee relationship on the job Interpreting ad enforcing the collective agreement and resolving any conflict arising out of it.
- 9. 2) CODE OF DISCIPLINE It defines duties and responsibilities of employers and workers. It ensures that employers and employees recognize each other’s rights and obligations and promote constructive co-operation between the parties concerned at all levels. It also eliminate all forms of coercion, intimidation, and violence in industrial relation and to maintain discipline in industry. 3) GRIEVANCE PROCEDURE A grievance is an employee’s dissatisfaction or feeling of personal injustice relating to his or her employment relationship. It is usually restricted to violations of the terms and conditions of employment.
- 10. 4) ARBITRATION Arbitration is a procedure in which a neutral third party studies the bargaining situation, listens to both the parties and gathers information, and then makes recommendations that are binding on the parties. Arbitration is effective as a means of resolving disputes because it is established by the parties themselves and the decision is acceptable to them and relatively expeditious when compared to courts and tribunals.
- 11. 5) CONCILIATION It is a process by which representatives of workers and employers are bought together before a third party with a view to persuading them to arrive at an agreement by mutual discussion between them. The third party may be individual or group of people.
- 12. 6) ADJUDICATION It means a mandatory settlement of an industrial dispute by a labour court or a tribunal. The government refers a dispute for adjudication depending on the failure of conciliation proceedings. Disputes are generally referred to adjudication on the recommendation of the conciliation officer who had dealt with them earlier.
- 13. 7) CONSULTATIVE MACHINERY Consultative machinery set by the government to resolve conflicts. Its function is to bring the parties together for mutual settlement of differences in a spirit of co-operation and goodwill. A consultative machinery operates at the plant, industry, state and the national levels.